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Legal Law

Federal disability retirement from OPM and other federal programs

The concept behind Federal Disability Retirement is simple: given a level of proof, disability should be linked only to the specific scope of work that a person cannot do; otherwise, the federal or postal employee must be allowed, upon approval for federal OPM disability retirement benefits, to remain productive in some alternative capacity, so that he or she can continue to contribute to the social welfare of the country as a whole. .

Social Security Disability, unlike federal disability retirement benefits filed with and approved by the U.S. Office of Personnel Management, states that one is considered essentially disabled not just from the profession or regular job that one performed immediately before determined to be disabled. but, in addition, he cannot perform other types of work due to his medical condition. Therefore, the big distinction between federal disability retirement benefits for the federal or postal worker and Social Security disability is the ability and ability to work in another type of work other than that where you are disabled. Of course, federal and postal employees applying for federal disability retirement benefits, which are under the Federal Employees Retirement System, must also apply for Social Security disability benefits, anyway. That’s just part of the administrative process for applying for federal disability retirement benefits from the U.S. Office of Personnel Management, because if you are approved for both federal disability retirement benefits and disability benefits Social Security, there is a coordination of benefits between the two. programs – 100% “compensation” for the first year, then 60% compensation each year thereafter.

Then, of course, there is always the consideration to be given to the benefits of the Office of Workers’ Compensation, administered through the Department of Labor, under the auspices of the Federal Employees Compensation Act. This type of benefit is known as a “work-related” injury, where the wide range of issues relating to causation, what constitutes an occupational injury or illness as “caused” by work or occurring at work, and whether and to what extent such work-related injury or occupational disease is compensable through the Federal Employees Compensation Act. Often times, compensable work-related injuries are temporary in duration, and the goal is to try to rehabilitate the injured worker, compensate as permitted by law, and restore the federal or postal employee to their previous job, work capacity, and continuity. support.

These are the main tripartite compensation programs for all federal and postal employees, whether the federal or postal employee is under the Federal Employees Retirement System, the Civil Service Retirement System, or the hybrid and odd, the System of Civil Service Retirement – Compensation. Are there differences between the three? Certainly. Also, these differences must be taken into account due to the overlapping characteristics of the three. Because while all three are determined independently, they can also impact each other significantly.

First, one must clearly understand that the Workers’ Compensation program is not a retirement system. Instead, it is a system primarily intended to return the federal or postal worker to work and temporarily compensate the federal or postal worker during the period of recovery from an illness or injury. Second, a federal or postal worker who is receiving a temporary total disability through the Office of the Workers’ Compensation Program cannot simultaneously work at another job (with some exceptions related to secondary or part-time jobs in which the person had already been working before being injured or disabled). On the other hand, a person who receives a federal disability retirement annuity through the US Office of Personnel Management can go out and get a job in the private sector, while still receiving the disability annuity. Income earned in the private sector must be based on a profession, line, or job that is significantly and distinguishable different from the work the federal or postal worker was doing while working for the federal government or the U.S. Postal Service. Also, the amount you earn cannot exceed 80% of what your previous position as a federal employee or U.S. postal worker currently pays.Rather, while you can earn some money while receiving Social Security For Disability, the limit is quite low and care must be taken not to exceed the low limit of allowable earned income.

Third, it is important to understand that if a U.S. federal employee or postal worker gets approval for federal disability retirement benefits from the U.S. Office of Personnel Management, along with the Social Security disability benefits, there is a coordination of benefits, which is considered a “compensation” characteristic. Here’s how it works: In the first year of concurrent benefits received, where Federal Disability Retirement benefits are calculated at 60% of the average of the three highest consecutive years of service, there is a 100% offset between Social Security Disability and Federal Disability Retirement Benefits. Since Social Security disability benefits are considered primary, you will receive the full disability check from Social Security, and 100% of that amount will be deducted from the federal disability retirement annuity check. Each year thereafter, when the federal disability retirement annuity is reduced to reflect 40% of the average of the three highest consecutive years of service, there is a 60% offset or reduction in benefits.

When receiving Social Security disability benefits and federal disability retirement benefits, you need to be very careful, because if you receive the full annuity from both sources, it means that the Office of Personnel Management is overpaying you. It will also mean that at some point in the near future, the U.S. Office of Personnel Management will require reimbursement of any amount that has not been offset between federal disability retirement benefits and Insurance disability benefits. Social. Alleging ignorance or inability to pay are normally not valid grounds for stopping reimbursement actions. As such, if after reporting the overpayment to the Office of Personnel Management, no action is taken to reduce federal disability retirement benefits, you should still set aside the appropriate amount of money in anticipation of receiving a future claim from refund.

Retirement is a major life-changing event; Early and self-induced retirement resulting from the occurrence of an injury, medical condition, illness, or occupational occurrence, can also be a life-changing traumatic event, precisely because it was never anticipated and certainly unplanned. While these life changes are stressful by the very nature of being unforeseen, this does not mean that one should forego gaining as much knowledge or understanding the complex complexities of the impact that is encountered as a potential result of the benefits available. Federal and postal employees have many tools and resources available, but such compensable benefits and programs lie dormant and inaccessible if not taken advantage of. While major life events, such as unforeseen medical conditions that affect a person’s livelihood and the ability to continue in their career, can cause sudden changes in plans, such unplanned events do not have to result in training courses. reckless action; and knowing the benefits available, the interplay between benefits and the impact of applying for the federal disability retirement annuity, Social Security benefits, and even Federal Workers’ Compensation payments, will provide a broader framework for a person’s financial security in the future.

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