CSRS & FERS Medical Disability Retirement: OPM & SSDI

In filing an application for Federal Disability Retirement benefits under FERS (Federal Employees Retirement System), the applicant must file for Social Security disability benefits (SSDI) sometime prior to the approval of a Federal Disability Retirement application.  This is because the “system” of FERS is tied to the Social Security System, and the Federal Government wants to see whether or not a FERS disability retirement applicant is concurrently eligible and entitled to Social Security Disability benefits.  Those Federal or Postal Workers who are still under the “old system” (CSRS — Civil Service Retirement System) — and you are getting rarer and fewer each year — need not apply.  Those who are of a “hybrid” nature (CSRS offset, etc.) also should apply.

 There is an inconsistency in the way the Office of Personnel Management “requires” the filing for SSDI.  Sometimes, OPM will insist that a FERS Federal Disability Retirement applicant file for SSDI and obtain a receipt only after he or she has been unemployed or separated from the Federal Agency; other times, OPM will be fully satisfied with a receipt of an SSDI filing obtained even while employed by the agency, even though it would mean that an SSDI denial was based upon employment, and not upon whether a person was disabled or not.  In any event, an applicant who is filing for Federal Disability Retirement benefits under FERS should comply with the requirement by filing for SSDI, and getting a receipt showing that one has filed.  

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: The Decision

It is always a hard decision to file for disability retirement benefits.  Aside from the psychological anguish which must be confronted (feelings of worthlessness or devaluation of one’s worth because we live in a society which places a high value upon productivity, work, and output & competence in our jobs, despite our giving lip-service to “family”, “relationships” and “community”), the potential disability retirement applicant must also make pragmatic decisions based upon a variegated spectrum of financial, professional, family & economic circumstances.  Such foundational, decision-making factors could include:  one’s medical conditions (obviously); the type of job one is in; whether a disability retirement annuity is sufficient or even realistic; whether the job market outside of the federal sector is promising enough to allow for making up to 80% of what one’s job currently pays, in addition to the disability annuity; whether a parti-time position or partial income added to the disability annuity will be enough; whether one’s supervisor & agency will be “going after” you for performance, conduct, or excessive absences, and if so, how soon; and many other factors. 

It is always a trying time.  Consideration in filing for disability retirement benefits must be based upon a deliberative methodology, based upon serious consideration of multiple factors.  In basing a decision to file for disability retirement, it is best to do it right before considering doing it at all.  As such, consultation with an attorney who is an expert in the area of Federal Disability Retirement laws can be an invaluable source of information in making the “right” decision.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: Standard Forms

Remember that Standard Forms are produced with the intent of having you believe that you are constrained by the questions as posed, by the space as constrained, and by the language as restricted.  Nothing could be further from the truth.  All forms, including governmental standardized forms, are merely inquisitive templates requesting information.  If the form fails to ask the proper question, or does not pose a question such that it does justice to your particular situation or problem, then you should freely ask the question you believe should be asked, on a “continuation page”, or in an addendum created by you or your attorney.  In disability retirement applications, this is especially true of Standard Form 3112A (Applicant’s Statement of Disability).  Instead of answering only the constraining questions as posed within the framework of the form, it is often appropriate to add another page and create, and subsequently answer, relevant questions which are neither posed nor implied by the Standard Form.  This is not to say that the applicant should abuse the process by adding irrelevant questions; rather, it is to allow for the “full story” of a disability retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Employee's Usefulness

Federal Employees and Postal Employees should never consider or entertain the thought that filing for disability retirement benefits is a negative judgment upon his or her lengthy and productive career.  It is merely a statement of reality — that the Federal and Postal employee has had a good career; medical conditions may have shortened the first career, but this merely means that there will be opportunities to have a second career; and, in no way does it mean that there is a blemish upon the Federal career; merely that it is time to move on to something else.  And, indeed, the interruption of the Federal or Postal career as a result of impeding medical conditions merely is a statement that you are no longer a “good fit” for a particular kind of job. Further, if you are removed from the Federal sector because of your medical inability to perform your job, such a removal is a “non-adversarial” and “non-disciplinary” action, and therefore (again) should not, and cannot, be considered a “blemish” upon one’s career. And, finally, it is often the case that it is precisely because of the long and loyal hours you put into your job, that you paid a price for such loyalty — by embracing the stresses of the job, of working despite impending medical conditions.  In other words, very often I see that the stresses inherent in the position took a large and heavy toll upon the individual, such that medical conditions resulted from the long years of such heavy toll.  There is never a need to feel guilty about taking disability retirement; you’ve paid your dues; it is time to move on to another phase of your life.

Sincerely,

Robert R. McGill, Esquire