OPM Disability Retirement: The History of Agency Interaction

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a long history of interaction with one’s own agency, and to what extent such prior historical context is or is not relevant to a Federal Disability Retirement application depends upon the uniqueness of each case.

Some issues constitute an impact upon the Federal or Postal employee only — i.e., leave issues, whether FMLA has been invoked and how much has already been used; whether the Federal or Postal employee has been able to provide any substantiating medical documentation to the agency, etc.

Other issues are more in the province of the Agency — how patient will the agency be during the process of awaiting OPM’s decision on a Federal Disability Retirement application, whether under FERS or CSRS; has a PIP already been initiated?  Is there a security clearance issue, or an issue with retention of a medical clearance in order to perform one’s job?

Then, of course, there are issues which intersect, and where an adversarial — or at least a conflicting — relationship develops.  When the agency attempts to initiate an adverse action, or when harassment occurs, the issues which arise may need to be resolved through litigation, filing of a grievance, internal personnel procedures invoked, etc.

Ultimately, whether or not any of the various peripheral issues impact a Federal Disability Retirement application is questionable, because it is not the agency itself which determines the approval or denial of a Federal Disability Retirement application, but only the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Different Pockets

There is often a confusion over different pockets and their intersecting relations — of SSDI (Social Security Disability Insurance with the Social Security Administration); OWCP administered under the Federal Employees’ Compensation Act (OWCP/FECA); Federal Disability Retirement under FERS or CSRS, as approved or denied by the U.S. Office of Personnel Management; and, in addition, there are those who are eligible for VA Disability benefits, for a Scheduled Award from OWCP, and complications which can occur with private disability insurance policies.

The general rule with respect to each can be summarized as follows:  Offset between FERS & SSDI (100% the first year, 60% every year thereafter); one can get approved concurrently for OWCP/FECA, but the Federal or Postal employee must choose to receive from one or the other, and not both; the Federal or Postal employee can receive a scheduled award while at the same time receiving a FERS Disability Retirement annuity, because a Scheduled Award is considered compensation for a rated injury, as opposed to continuation of one’s pay; there is no offset between FERS or CSRS Disability Retirement benefits and VA Disability benefits; private disability policies depend upon the contractual language of the policy itself, and must be reviewed individually as to any provisions of offset or dollar-for-dollar reduction of benefits based upon receipt of any other benefit.

These are the general criteria concerning the intersecting impact of each upon the other.  In the end, reaching into different pockets will normally result in an increase, and rarely (if ever) a decrease of benefits, even with offsets.  However, overreaching, as the case may be, can result in unintended consequences of overpayment and required repayment.  Be aware and informed.

Sincerely,

Robert R. McGill, Esquire