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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (78)
    • Federal Disability Judge-Made Decisions Quoted (35)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
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Medical Retirement for Federal Workers: SSDI Considerations

Posted on June 15, 2011 by Federal Disability Retirement Attorney

In preparing, formulating and filing a Federal Disability Retirement application under FERS (CSRS is exempted), one must at some point — at the time of approval or anytime prior to — file for Social Security Disability Insurance benefits.  This is because, under the laws governing FERS Disability Retirement and Social Security, there is an offset of 100% between the two benefits in the first year, then a 60% offset between the two benefits every year thereafter.  

Most Federal and Postal employees who are filing for Federal Disability Retirement benefits under FERS will not qualify for Social Security Disability benefits, precisely because Social Security has a higher standard of proof in order to qualify for such benefits.  However, one must nevertheless satisfy the requirement of filing for SSDI.  

For Social Security, one must essentially prove that one is “totally disabled” from performing any and all types of employment, whereas under FERS Disability Retirement eligibility criteria, one must merely show by a preponderance of the evidence that one is no longer able to perform one or more of the essential elements of one’s particular kind of job.  

Despite the difference in eligibility criteria, there are times when a Federal or Postal employee applicant will be deemed to qualify for Social Security Disability benefits, but not for FERS Disability Retirement.  While this may seem odd, this occurs because of the independent nature of each agency.  The Office of Personnel Management makes its determination independent of the Social Security Administration. There is case-law, however, which requires the Office of Personnel Management to take into consideration a Social Security Disability approval, and thus an SSDI approval can have some persuasive impact upon a FERS Disability Retirement application.  

Further, often an SSDI denial letter will specifically state a finding that while they have determined that the Federal or Postal employee fails to qualify for SSDI benefits, they acknowledge that he or she is unable to perform the particular kind of job in which they are currently employed.  Such statements can be used for further persuasive argumentation, but should be used with discretion and care.

As with most agency statements, an argument for its use can “cut both ways”, and one must have the discretionary wisdom to use them as a shield or sword wisely.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability & SSA Social Security Disability Benefits | Tagged: can federal workers file for disability?, discerning what medical documentation to submit to the opm, documentation you can used from your ssdi claim, fdr and ssdi offset or interaction, federal employees considering ssdi and ssi, fers disability and social security disability insurance ssdi, filing for ssdi and opm disability retirement, if you can use social security disability in your opm disability claim, is there any rules under fers that also apply for ssdi?, medical documentation from your ssdi claim to the office of personnel management, offset between social security and opm disability, opm denied your claim but social security, opm disability case-law rule about social security disability, opm social security, opm ssdi offset, postal and social security disability, social security disability approvals and their impact fers disability claims, social security disability award and fers, social security disability compensation for opm disability retirees, social security disability owcp, ssdi and fers disability, ssdi benefits and its implications in earning capacity, ssdi fdr offset, the ssdi requirement for disabled postal employee, using ssdi and va ratings to get your fers disability application approved, usps worker & social security disability | Leave a comment »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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