Tag Archives: Federal employees didn’t qualify for OWCP

Intersection with Other Benefits

Federal Disability Retirement benefits under FERS from the Office of Personnel Management is an independent benefit from an independent agency. However, there may be some intersecting features which are important to understand, prior to beginning the process.

A FERS Disability Retirement annuity has an “off-set” feature with certain other federal annuities, by statutory mandate and direction, but not with certain others. For instance, there is a coordinating offset with Social Security Disability (under FERS), and an election must be made between OWCP Temporary Total Disability payments and Federal Disability Retirement benefits (except for scheduled awards). On the other hand, there is no offset between a Federal Disability Retirement annuity and VA Disability payments.

In making a decision as to whether to file for Federal Disability Retirement benefits, each Federal and Postal employee should be fully informed as to the offsets with other Federal benefits and payments, as well as whether there are limits and restrictions as to the amount of other “earned income” a person may be allowed to make.

The importance of finding out which benefits are fully or partially offset is important in making a final decision as to whether it is financially feasible to proceed in preparing, formulating and filing a FERS Disability Retirement application. Of course, in the end, it is usually a medical decision which is paramount — out of necessity, and not out of choice– as opposed to a financial one. However, it is nevertheless important to know what is on the other side of the cave, before one enters it to begin with.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Lawyer

The information on this website may not reflect the most current legal developments in FERS Disability Law. The content and interpretation of the law addressed herein is subject to revision. However, if you have any questions about current law developments or if you need to have a professional assessment of your personal case, contact the author for a free initial consultation.

Major Depression

Federal and Postal workers who are inquiring about filing for FERS Disability Retirement benefits often lack any context as to his or her own particular situation, in relation to the greater Federal and Postal workforce. Let me elaborate: a Federal or Postal employee who suffers from chronic and intractable Major Depression, despite being placed on various psychotropic medications, and having undergone psychotherapeutic intervention, and (in more serious cases) hospitalization for intensive treatment — often believe that his or her “situation” is unique, isolated, and rare. It is not.

When an individual suffers from Major Depression, it is common to feel isolated, as if the particular psychiatric disorder is unlike other medical conditions (e.g., physical medical conditions which can be ascertained by an MRI or other diagnostic tools). This is part of the very medical condition itself — of feeling isolated and trapped, and unable to escape from one’s own plight.

Indeed, Federal and Postal employees who suffer from Major Depression often ask me the “how many” question — how many people do you represent who suffer from Major Depression, as if numbers correlate to security. While I am very protective of client confidentiality and information related to my clients, it can safely be said that a “great many” Federal and Postal employees suffer from Major Depression, that it is not uncommon, that your co-worker sitting beside you may suffer from it, and that such sufferers work hard to hide it.

Further, the success in filing for, and obtaining, Federal Disability Retirement benefits under FERS is no less than any other medical condition. Thus, for those who suffer from Major Depression and are contemplating filing for Federal Disability Retirement benefits: you are definitely not alone.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Lawyer

All the articles that appear in this publication are copyrighted. Also, they may or may not have been previously published in other Federal Disability Retirement websites owned by the author or in other third-party publications.

OWCP and FERS Disability Future Reviews

There are horror stories: of people on “disability” who are watched and video-taped, and after having 500 hours of taping, it is edited to show that, within a 2-minute period, it is revealed that you can indeed perform physical feats which your medical disability should restrict.

As an attorney who receives daily inquiries concerning Federal Disability Retirement benefits under FERS, people relate such fears to me. However, I am quick to remind such callers on two (2) matters: First, such stories relate almost exclusively to Federal OWCP cases, which have nothing to do with FERS Disability Retirement, and Second, the people I represent have legitimate medical conditions which impact and prevent one from performing one or more of the essential elements of one’s job.

There is also an additional Third element in the issue, FERS Disability Retirement annuitants are allowed, under the law, to go out and get another job, and to work and make up to 80% of what his or her former position currently pays.

Now, obviously, any such job should be essentially different, in many ways, from the former job. But the point is that the FERS Disability Retirement is intimately wedded to a particular job, and the inability to perform the essential elements of that particular job. That is where the difference lies between FERS Disability Retirement rules and OWCP cases — the former allows one to continue to remain productive in the workplace; the other does not.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Attorney

Please note that the information that appears in this article is copyrighted. Originally written by Attorney Robert R. McGill, it has been more recently updated by the webmaster. This article has been previously published in other OPM Disability Retirement blogs.

Federal Employees with Preexisting Conditions

There is still some questions with respect to the relevance of preexisting medical conditions, or medical conditions which were incurred while working, or outside of the workplace, or even before being employed by the Federal Government; and the impact of such medical disabilities upon one’s right to file for disability retirement under FERS. This confusion is evident from some of the questions I have been recently asked.

Remember that preexisting medical conditions are irrelevant to filing for OPM Disability Retirement benefits, in most cases; the fact that an individual has been able to perform the essential elements of one’s job for many years, but comes to a point in his or her career where the medical condition has been exacerbated, or deteriorated, to the point where it begins to prevent one from performing one or more of the essential elements of one’s job, is all that is needed to be shown.

It matters not that the medical condition “preexisted” one’s Federal service; and, indeed, many of my client’s began working with a VA disability rating, but worked successfully for a number of years, until the medical condition(s) underlying the VA disability rating worsened, or came to a point where it began to impact his or her ability to perform the job functions.

Similarly, whether or not the injury or medical disability was incurred while working or while on a skiing trip, is irrelevant. The primary point and focus in FERS & CSRS Disability Retirements cases, is that a person has the minimum years of Federal Service (5 years for CSRS; 18 months for FERS), and during the person’s Federal Service, he or she incurred a medical condition such that it prevents one from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

The content provided here has been updated and previously published in other websites such as the Federal Disability Lawyer, OPM Disability Retirement and Federal Disability Attorney blogs.