Federal Worker Disability Retirement: The 80% Rule

When a Federal or Postal employee files for Federal Disability Retirement benefits, and obtains an approval from the Office of Personnel Management, under FERS he or she will receive 60% of the average of one’s highest three consecutive years of pay, then 40% every year thereafter until age 62, at which point the disability annuity is recalculated based upon the total number of years of Federal Service, including those years that the disability retirement annuitant has been on Federal Disability Retirement.  Thereafter, the now “former” Federal or Postal employee has the capability to work at another, private-sector job, and earn up to 80% of what one’s former Federal or Postal job currently pays, on top of the disability annuity that one is receiving.

While some may wonder whether this is a “fair” benefit, especially in these trying economic times, it might be wiser to consider whether or not it is prudent to consider the economic incentives inherent in such a system.  For, by allowing for the Federal or Postal Disability Retirement annuitant to go out and attempt to earn income in another, different kind of job, it allows for continuing productivity, payment of taxes and FICA back into the “system”, as opposed to limiting the individual to merely receiving a government benefit. As all of “economics” is ultimately based upon incentives to the working population in order to encourage a system of the highest extent of productivity, this system creates an economic incentive to those who are merely disabled from performing a certain kind of job.  They can continue to remain productive — just in a different kind of job from the one in which he or she is disabled.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OPM May Say So, But… (Part 2)

Then, of course, there are the multiple “other” issues which the Office of Personnel Management “says so”, such as failure to pay the full amount of back-pay due; failure to compute the average of the highest-3 consecutive years correctly; reinstating the full amount of FERS once a person becomes no longer eligible for Social Security Disability benefits; arbitrarily and capriciously deciding that the medical report is not “good enough” in answering a post-disability approved, Medical Questionnaire; failing to compute the earned income in any given year properly, and thereby informing the disability retirement annuitant that he or she earned over the 80% limit of what the former federal employee’s former job currently pays; and a host of other issues.  My specialty is in obtaining disability retirement benefits for my clients; I only selectively get involved in post-disability annuity issues, but the point here is that the Office of Personnel Management has a track-record of being in error, in multiple ways, on multiple issues, in volumes of cases. 

It is thus important to recognize that the Office of Personnel Management is not an infallible agency.  Far, far from it, they are merely made up of people who are subject to error, but often stubbornly so — unless you counter their denial in an aggressive, but calm and rational manner.  If a denial comes your way, do not get distressed; prepare your case well, and lay out the groundwork necessary to win.

Sincerely,

Robert R. McGill, Esquire