OPM Medical Retirement and the Interplay with SSDI

Some stream of consciousness thoughts:  First, there is still the prevailing problem of Federal or Postal workers being lead to believe that there is some sort of sequential requirement in filing for Social Security Disability benefits (SSDI) and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

While the sequence of filing for SSDI would be logically coherent — i.e., since at the time of an approval of a FERS Disability Retirement Application, the Office of Personnel Management requests to see a receipt of filing from the Social Security Administration — many people in fact go this route.  But the problem arises when Federal and Postal employees somehow get the misinformation that they must wait until they receive an approval from SSDI, which can take years.

During the wait, the 1-year statute of limitations may come and go.

The solution:  Go ahead and file for SSDI, get a receipt, etc.  But never allow the 1-year Statute of Limitations to pass in filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.  Again, for OPM purposes, all that is required is a mere showing of a receipt that you filed; no determination needs to be made and, moreover, OPM only requests to see the receipt at the time of an approval.

Second, if SSDI approves your Social Security Disability Case at any time during the process of filing for OPM disability retirement benefits, it can have a persuasive impact, but not a determinative one.  This merely means that OPM will consider it in the totality of the medical evidence you submit.  But to have a persuasive impact, you need to make the “legal” argument — i.e., you need to try and persuade.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: SSDI and the Pursuance Thereof

How aggressively one should pursue SSDI concurrently as one is preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is a question which one is often confronted with during the process of filing for Federal Disability Retirement benefits.

If one is under CSRS, then the question is a moot point, because CSRS employees do not have a requirement of filing for SSDI benefits.

For FERS employees, however, who make up the vast majority of Federal and Postal employees who file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is a requirement of filing concurrently for Social Security Disability Insurance (SSDI) benefits.  For purposes of satisfying the requirement of OPM, one needs to only show a receipt that one has filed.  Further, while many Human Resources personnel offices, both for Federal agencies and the U.S. Postal Service (the latter being comprised of the central office known as the H.R. Shared Services Center located in Greensboro, N.C.), misinform and misinterpret the statutory requirement of filing for SSDI, by telling people either that one must file and get a decision from the Social Security Administration prior to filing for FERS Disability Retirement benefits (wrong), or that you cannot file for FERS Disability Retirement unless and until you file for SSDI (also wrong) — the fact is, the only time OPM requires a showing of having filed for SSDI is at the time of an approval of a FERS Disability Retirement application.

As for how actively or aggressively one should pursue SSDI?  That depends, in most cases, on whether you will be attempting to work in a private sector job while on Federal Disability Retirement.  Because SSDI has stringent limits on what you can make in earned income, while OPM Disability Retirement allows for you to make up to 80% of what your former position currently pays, on top of the disability retirement annuity one receives, it becomes a pragmatic calculation.

Pragmatism is the guiding light to determine one’s self-interest, and that which is in the best interest of one’s future.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: SSDI, FERS & Persuasive Impact

As part of the process in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must file for Social Security Disability benefits (SSDI) — if the Federal or Postal worker filing for Federal Disability Retirement benefits is under the FERS programs (CSRS employees are exempted because it is not tied to the Social Security component as part of the retirement system).

A small percentage of cases actually get approved by Social Security prior to a decision being made by the U.S. Office of Personnel Management.  When that happens (and yes, it is fairly rare, if only because most Federal and Postal employees filing for Federal Disability Retirement benefits do so with a recognition that (A) they cannot do a particular kind of job, and (B) with a view towards working at another job, career, vocation, etc., whether part-time or full-time), then the question becomes:  What does one do with an SSDI approval letter?  Trevan v. OPM and subsequent cases, of course, comprise the rule on the matter; but such court cases essentially state that the decision of the Social Security Administration, as well as other Federal entities, are merely persuasive, as opposed to determinative.  But how persuasive?  Persuasive is a relative term.

To an unsuspecting innocent bystander, a person of reprehensible intensions may “persuade” quite easily; to the cynic and man of suspicious nature, “persuasion” may take the full effort of a team of con artists.  For the OPM Case Manager in the OPM Disability, Reconsideration & Appeals division, a decision by the Social Security Administration will take a 3-legged approach to have any impact at all:  (A)  the decision itself, (B) the case-law which makes the Federal Agency’s decision relevant to an OPM Disability Retirement case, and (C) accompanying medical evidence.  And, of course, the 4th component in all of this would be the methodological argumentation by the Applicant or the Federal Disability Attorney who argues effectively the previously-cited 3 components.

Persuasion is a “relative” term — indeed, relatives tend to be more familiar and therefore easily persuaded; strangers to the process need not apply.

Sincerely,

Robert R. McGill, Esquire