Medical Retirement Benefits for US Government Employees: Those Intersecting “Other” Determinations

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is useful to understand the impact — if any — provided by the approval of any of the “other” compensation programs available to all Federal and Postal employees.

Thus, inasmuch as a Federal or Postal employee filing for Federal Disability Retirement benefits under FERS must also file, sometime during the administrative and bureaucratic process, for SSDI benefits, in the off-chance that SSDI approves the application before OPM makes a decision on a Federal Disability Retirement application (which, because of OPM’s extended timeframe for making decisions, is less rare these days than one may think), can it have any impact in the Federal Disability Retirement process?  And what about OWCP/FECA?  Does the fact that a Second-Opinion doctor, or what is sometimes euphemistically referred to as a “Referee doctor”, rendering a medical opinion (and therefore a narrative report) stating that the injured Federal or Postal worker is “permanently” disabled, or that he or she is unable to go back to one’s job, relevant to a Federal Disability Retirement application?  How about a VA Disability Rating?  Does the determination provided by the Department of Veterans Affairs have any relevance to the Federal Disability Retirement application?

These are all potential “tools” to be used in preparing, formulating and filing for Federal Disability Retirement benefits, and the Federal or Postal employee should be aware of the case-laws which provide for persuasive impact — not determinative — to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: SSDI Impact

In preparing, formulating and filing a Federal Disability Retirement application under FERS (CSRS individuals are exempted for this particular issue), the Federal or Postal employee who is contemplating filing for the benefit must at some point in the process file for Social Security Disability benefits (SSDI).  This is because the law is set up for an off-setting feature between the two “pockets” of benefits — where, in the first year, there is a 100% offset between FERS & SSDI, and a 60% offset every year thereafter.  

In some rare instances, Social Security will approve a person’s disability application before the Office of Personnel Management has approved a FERS Disability Retirement application.  In that instance, one can use the SSDI approval as “persuasive” evidence to the Office of Personnel Management.  It is not determinative evidence, but there are legal arguments to be made which essentially state that, since a person has been found to be “totally disabled” by the Social Security Administration, based upon the same or identical medical evidence and documentation, that the Office of Personnel Management should grant a FERS Disability Retirement application based upon the same or identical medical evidence.  

Is the reverse true?  If a FERS Disability Retirement application is approved, can such an approval be used as evidence — persuasive or determinative — for an SSDI application?  That would be a weaker argument, precisely because OPM Disability Retirement does not make a determination of total disability, but rather, a decision that the Federal or Postal employee cannot perform one or more of the essential elements of one’s particular kind of job.  Moreover, the Social Security Administration might also argue that inasmuch as SSDI does allow for some earned income (about $1,000 per month) from a job, such allowance shows that approval of a FERS Disability Retirement, which recognizes that one is merely disabled from performing one or more of the essential elements of one’s particular kind of job, should not be determinative of a Social Security criteria which requires a higher standard of disability.

Knowing what impact each aspect or element of a process will have upon another is an important step in preparing, formulating and filing a Federal Disability Retirement application. As knowledge is the source of success, utilization of such knowledge is the pathway to an approval in a Federal Disability Retirement application under FERS and CSRS.

Sincerely,

Robert R. McGill, Esquire