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FERS & CSRS Disability Retirement: Considerations Prior to Pursuing SSDI Aggressively

Posted on June 29, 2010 by Federal Disability Retirement Attorney

In filing for Federal Disability Retirement benefits under FERS, one must file for SSDI and submit proof of such filing with the Office of Personnel Management at the time of approval of the Federal Disability Retirement application.  For CSRS individuals who file for Federal Disability Retirement, no such filing is required, precisely because the framework of a CSRS retirement/disability retirement is not tied into the Social Security system. 

Remember that, under FERS, when a Federal or Postal Worker files for Federal Disability Retirement benefits, all that is necessary is to fulfill the requirement of “filing” — meaning, that a receipt must be submitted evidencing the filing of an SSDI application.  One does not need an approval or a denial — merely a receipt showing that one has fulfilled the statutory requirement of filing.  Ultimately, of course, the Office of Personnel Management is seeking to discover whether or not the Federal or Postal worker is eligible for SSDI, and if so, that an offset will be triggered.  Because of the possible offset (and the potential repercussions of OPM refusing to reinstate the full FERS Disability Retirement benefits in the event of an SSDI/FERS disability retirement annuitant having reached a status of gainful employment — see my previous blog post), one needs to take into consideration all of the factors, circumstances, future goals and future plans, before one decides to “aggressively” pursue SSDI benefits.  

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability & SSA Social Security Disability Benefits, Pre-Application Considerations | Tagged: a requirement a fers disability retirement applicant can't ignore, an additional danger of getting both fers and ssa disability retirement, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, danger in restoring full opm disability benefits, differences between fers and csrs disability retirement systems, disability retirement at the USPS, disabled federal employees: deciding to pursue social security disability, federal disability and social security disability retirement, federal disability law blog, federal employee disability, fers and ssi, fers and the social security income cap, FERS Disability, fers disability and social security disability insurance ssdi, fers disability and ssi disability, fers disability blog, FERS disability lawyer, fers disability pension rules, FERS disability retirement, fers disability retirement not being fully restored after giving up ssdi, fers retirement social security, how much to fight for social security disability, medical fers retirement, nationwide representation of federal employees, offset between social security and opm disability, opm disability and social security disability, opm disability and social security eligibility, opm disability and social security income considerations, OPM disability lawyer, OPM disability retirement, opm disability retirement with ssdi and employment considerations, opm not restoring full disability benefits after ssdi, opm social security, opm ssdi offset, postal and social security disability, questions about the about the fers and social security disability ssi process, reinstating full fers disability benefits after social security disability, Social Security and OPM disability relationship, social security disability for postal workers, social security issues for fers disability annuitants, ssdi and fers disability, the ssa requirement in fers disability retirement, USPS disability retirement, USPS disability retirement benefits, what fers disability annuitants should consider before pushing for ssdi, when the opm refuses to reinstate full fers disability annuity payments, whether it makes sense to get both opm and social security disability retirement | Leave a comment »

  • More on 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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  • Top Posts

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