CSRS & FERS Disability Retirement: OPM Disability Retirement & Postal Service Voluntary Early Retirement (VER)

For multiple reasons, early retirement — if eligible; if offered; if … — is an option which must be considered by a Federal or Postal employee.  In the coming months, Voluntary Early Retirement will be offered to Postal Employees; each year, Federal employees who become eligible for some form of early retirement must make hard financial decisions.  In light of the present state of the economy (not good), an offer of early retirement (some not so bad) may have to be considered by the Federal or Postal employee.  In each case of such an offer, the details of any such offer must be carefully reviewed and considered — especially if, concurrently, a Federal or Postal employee is considering filing for disability retirement.  A Federal or Postal employee can only collect one or the other:  you can either receive an early retirement annuity, or a disability retirement annuity, but not both.  You can, however, consider filing for early retirement (in order to continue to have some income), then file for disability retirement within one year of being separated from Federal Service. 

If you take this route of filing for early retirement, then filing for disability retirement, you must be careful.  For instance, if a lump-sum payment is part of an early retirement package, will it have to be paid back if you file for, and are approved for, disability retirement?  Further, remember that the years that you are on disability retirement counts toward your total number of years of Federal Service, when it is recalculated at age 62.  This is an important point.  The short-term benefit of retiring early may not seem like such a good idea 10 years later when inflation eats into the annuity.  A cost-benefits analysis should look to all of the factors involved:  the annuity amount and difference between disability retirement and early retirement today; the difference of the annuity when disability retirement is recalculated, and those years while on disability retirement count towards your regular retirement; and the dollar difference calculated out to the life expectancy.  These are all considerations which must be looked at carefully — not just upon one’s short-term benefit of an early retirement (which may seem great), but more than that, for the long-term security of the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: This Economy & Opportunities

I have written and emphasized this issue before, but it is an issue which must be reiterated, re-emphasized, and re-stated: those who file for and obtain disability retirement do not need to feel like their lives are being retired. This is not an admission or an acknowledgment of an end; rather, it is an opportunity for a beginning. Federal Disability Retirement is merely a time when one sector of one’s life is about to move on into a different sector and phase of one’s life. It is merely a concession that the long and productive career which one has enjoyed, is simply no longer the “best fit”, and it is time to go on and move on into another sector of life. Thus, a disability retirement annuitant has the opportunity, even in this tough economy, to look into multiple other and future opportunities. A disability annuitant has multiple advantages in this economy: excellent health insurance that is carried; an annuity which allows for him/her to work part or full time; the ability to pick and choose the opportunities; and a professional background and resume of a long and excellent career in the Federal sector. Disability retirement is an option and an opportunity; it is not the “end” of a career; rather, it is the beginning of a future opportunity.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Thanksgiving

This year has seen a tremendous amount of changes: a seeming meltdown of the economy; a coming change of the Presidency; vulnerability of the Big Three Automakers; a housing market downward spiral; a volatile stock market which seems to take two steps back for each day of upward trading; and on and on. In the midst of such turmoil and change, when a medical condition impacts a Federal or Postal employee on top of it all, it makes any potential perspective for a bright outlook to the future look bleak. Remember, however, that this is a week of Thanksgiving. It does well for the soul to pause and reflect upon one’s blessings. Yes, disability retirement benefits may not pay enough, but it is a benefit which is granted by a Federal government which has a compassionate understanding that such a benefit is necessary to allow loyal employees to have an opportunity to receive a financial “base amount” — and hopefully be able to be productive in some other capacity or career. I hope that everyone takes a moment this week and spends time with “the family”. Happy Thanksgiving.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Further Basics

In tough economic times, it is often difficult to find that “silver lining”. This is even truer for my clients who obtain disability retirement benefits from the Federal Government, as well as those contemplating it. For, ultimately, I always find (without exception) that Federal and Postal Workers who are contemplating filing for disability retirement don’t want to be in the position he/she finds him/herself in.

They have been loyal and hard working Federal employees.  They have shown such loyalty through years and years of committed service.  But, for whatever reasons, and for whatever circumstances and situations, a sudden medical condition, or a degenerative medical condition, has brought that loyal employee to a point where he or she is no longer a “good fit” for a particular kind of job.  Such an employee can often be placed on a PIP (“Performance Improvement Plan”), or be given a Letter of Warning, or be placed on Leave Restrictions, or be told that no more light duties are available — all indicators that the Federal Agency or the particular Post Office is no longer willing to engage in “bilateral loyalty” — in other words, your 20 years of Federal Service will be rewarded with a boot out the door.  But such Federal and Postal employees must always have a positive attitude:  disability retirement benefits are there for you when they are normally unavailable in the private sector; while it pays a flat amount which one may not be able to necessarily live on, it is nevertheless a “base annuity” that can be depended upon.  And, further, a recent New York Times article concerning the state of the present economy pointed out what I have noted in the past:  Private Companies are hiring more and more older workers who have their own health insurance benefits, and who can work part-time without benefits.  That accurately describes the disability retirement annuitant, who is able to make up to 80% of what his/her former position pays now, on top of the disability retirement annuity, and retain life & health insurance benefits.  Always look for the silver lining.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Investment for the Future

Ultimately, whether or not this is an optimum time for an individual to file for Federal Disability Retirement under FERS or CSRS is a decision each individual must make, depending upon the specific circumstances. From a medical standpoint, of course, most individuals have no choice because he/she must file for disability retirement. From an economic standpoint, as private companies cut back and begin relying upon a part-time workforce without needing to pay for a worker’s health insurance benefits and other benefits, a Federal Disability Retirement Annuitant is a very attractive potential worker, indeed, because most such annuitants retain their own health insurance benefits.  Such an annuitant can go out and find a job making up to 80% of what his/her former job currently pays, and still continue to receive the disability annuity.  Further, while each individual must make a decision concerning hiring an attorney to help secure disability retirement benefits, it should always be looked upon as a long-term investment.  Disability annuitants may be chosen randomly every two years to answer a Medical Questionnaire, and it is equally important to retain the benefits, as it is to initially secure it.  These are all issues which must be considered carefully, as an investment for the future.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement & the Economy

I have been asked, via multiple emails, of my opinion concerning the right time to file for disability retirement, given the state of the current economy. I am not an economist; I am an attorney who specializes in obtaining disability retirement benefits for Federal and Postal employees under FERS & CSRS. With that prefatory caution, let me state that I am an optimist, and always see the glass as “half full” as opposed to “half empty”.

First, if a Federal or Postal employee can no longer perform the essential elements of one’s job, then it is probably time to file for disability retirement. Second, while disability retirement does not pay a great amount of money, it is a base annuity which allows one to go out and start a “second career”, and make up to 80% of what a person’s former position presently pays, on top of the disability annuity. Further, because disability retirement allows one to retain one’s health insurance benefits, such an individual can be an attractive candidate to a private employer, because of the lack of need to insure the person in the course of his/her the second career. Third, in a tough economy, part-time employment is often more available, and so it is often a good economy for individuals who have a base annuity to rely upon, and who are looking for supplemental income. In any event, one should always look at disability retirement benefits as an opportunity to preserve one’s deteriorating health, and move on to pursue other avenues of opportunities.

Sincerely,

Robert R. McGill, Esquire