OPM Disability Retirement and Paradigms for the Future

In attempting to decide to file for Federal Disability Retirement Benefits, it is often the case that Social Security disability benefits must be considered (not just “considered”, obviously, for FERS employees, because it is a requirement to file for it), and how seriously and vigorously; and further, whether to pursue, or to continue on, OWCP temporary total disability benefits.  These are “paradigms” that must be considered for the future.  By “paradigm”, I mean that they represent “models” of how a person wants his or her future to be based upon.

For instance, let’s take the paradigm of Social Security disability benefits.  Because FERS employees who file for Federal Disability Retirement benefits must also file for Social Security disability benefits (to see if they qualify; and, if qualified, the offsetting features will apply), one must take into consideration whether or not a Federal or Postal employee will actually want Social Security disability benefits.  This question arises because Social Security has a “cap” in which a person who receives Social Security disability benefits can make ancillary earned income (roughly no more than $12,000 per year in 2013).

Because of this, one must think of the future paradigm of one’s life:  If a person on FERS disability retirement wants to go out and get a part-time job, or start on a path for another career, where he or she makes 15, 20, 25,000 per year or more (because remember, a person can make up to 80% of what a person’s former Federal or Postal job currently pays), then he or she may not want to get Social Security disability benefits.

Most people who are on Federal disability retirement are simply disabled from performing one or more of the essential elements of the particular job; they are not “totally disabled”, and therefore are able to go out and start a second career.  This is the “paradigm” for the future which must be considered, and such a model for the future must be carefully thought through.  Next:  the OWCP paradigm.

Sincerely,

Robert R. McGill, Esquire

OPM disability retirement: The very first step

Federal and Postal employees often get a bad rap; yet, what I find in all cases, without exception, is that Federal and Postal employees take great pride in their work. Moreover, they do not want to file for disability retirement — there is a “mental wall” — a desire at all costs not to file for disability retirement, until the physical pain gets too much, or the psychiatric symptoms become too overwhelming.

It is at that critical point — the recognition that he or she is no longer able to continue to work at a particular job; this is the difficult point of self-awareness that must be faced. This is the very first step which must be taken, before one is able to file for disability retirement. And, indeed, I find that Federal and Postal employees are loyal, hard-working, and motivated to work, and to work hard. But there is a point at which one must come to grips with the fact that a particular job A is no longer a good fit for Federal Worker B, with medical conditions C. When these three elements coalesce, it is time for the individual to seriously contemplate filing for disability retirement. Federal Disability Retirement is a benefit which all Federal and Postal employees are entitled to, if he or she qualifies. When the first step needs to be taken, there is never any shame in that — because you have shown your loyalty, your dedication, and your endurance through your medical conditions; there is a point where you must begin to listen to your doctors.

Sincerely,

Robert R. McGill, Esquire