Medical Retirement for Federal Workers: Moving Beyond

Once a decision has been made to begin preparing, formulating and filing for Federal Disability Retirement benefits under FERS & CSRS, then the mechanical aspects of gathering and compiling the evidence to make one’s paper presentation to the Office of Personnel Management must begin.

It can be a daunting process.  However, it is overcoming the initial timidity which is the first step.  The compilation of the proper medical narrative reports with the effective wording and nexus between the medical condition and essential elements of one’s job; the creation of a narrative word picture of one’s Applicant’s Statement of Disability; any legal arguments to be presented and cited; the remainder of the Standard Forms to be completed by the Agency; the insurance forms — one can easily get lost in the morass of such paperwork.  

Then, there is the “waiting period” — that long and anxiety-stricken time of waiting for the Office of Personnel Management to makes its decision at the Initial Stage, and if denied, at the Reconsideration Stage of the process; and, if denied a second time, an appeal to the Merit Systems Protection Board.  

It is during the “waiting period” that one must begin to think about the period “beyond” — that time when one becomes a Federal Disability Retiree, where one finally has the proper time to attend to one’s medical conditions, then to rethink in terms of another job, another career, another phase of life.  It is the time to think about “moving beyond” one’s self-perception and paradigm of self-conception of being a “Federal employee”, and instead to think of the re-created self in new and fresh terms.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Intersection with Other Benefits

Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management is an independent benefit from an independent agency.  However, there may be some intersecting features which are important to understand, prior to beginning the process.  

A disability annuity, whether under FERS or CSRS, has an “off-set” feature with certain other federal annuities, by statutory mandate and direction, but not with certain others.  For instance, there is a coordinating offset with Social Security Disability (under FERS), and an election must be made between OWCP Temporary Total Disability payments and Federal Disability Retirement benefits (except for scheduled awards).  On the other hand, there is no offset between a Federal Disability Retirement annuity and VA disability payments.  

In making a decision as to whether to file for Federal Disability Retirement benefits, each Federal and Postal employee should be fully informed as to the offsets with other Federal benefits and payments, as well as whether there are limits and restrictions as to the amount of other “earned income” a person may be allowed to make.  

The importance of finding out which benefits are fully or partially offset is important in making a final decision as to whether it is financially feasible to proceed in preparing, formulating and filing a Federal Disability Retirement application.  Of course, in the end, it is usually a medical decision which is paramount — out of necessity, and not out of choice– as opposed to a financial one.  However, it is nevertheless important to know what is on the other side of the cave, before one enters it to begin with.

Sincerely,

Robert R. McGill, Esquire