Federal Disability Retirement

Over payment

John 48 — Sun, 22 Nov 2009 00:55:29 GMT

Question to all? OPM just completed my application for disability retirment and I also received my Retirement services reference card, I have been overpaid $3,000 and OPM states that in Feb 2010 that they will be taking out installment payments of $85.00 every month for the next three years, which is fine. Has anyone out there ever fell in to this type of situation?

Coming to terms with your decision

ktsanfran — Fri, 13 Nov 2009 16:00:37 GMT

I suffer major depression and at one time was very sucessful at my job. Looking back I realize that even at my best when I was one of the top performers, it took all my energy, and I still needed more time off than normal. It was all I could do to make it to the sofa at the end of the day. I have been on non-pay status for 7 months.

Still, this is causing me a lot of angst. I am just starting the app process and expect to be approved. BUT I need to make peace with the decision. In many ways, not working is as stressful as working!! at what point does it get easier to swallow? finances are not a big concern here... it is the rest of it.

Advising your Boss!

Aviatrix — Thu, 19 Nov 2009 04:21:31 GMT

Okay, here is my "story"... I started having various nerve issues about 3 years ago. I am a law enforcement officer, Pilot (fixed and rotor wing since 1979) and a (no stone throwing please) Supervisor! Okay... First it started with my C5/6 disk being fused - went great!! I still had issues in my pinkie and ring finger along with my elbow - okay, so 3 weeks later my Ulnar nerve was released...life was good after recovery. Now the "fun" part - NOT.

A year and month later my next cervical level went - I had surgery again, and for the first 5 or 6 weeks, yes...went great. Then something went wrong - I still have NO idea what happened (no trauma, bumping etc. followed the doctors rules to the tea!) pain came back even worse, but on the opposite side, numbness and weakness (original side - came back) - a nightmare! Come to find that the fusion is failed on the top portion. In an attempt to salvage it, put on a Bone Growth Stimulator, and PT. Fast forward - not improving....

Since I was out of work for 3 months, I emailed my Director of my status and decision to begin the process of disability retirement. I was ignored for 4 days, and on the first 2 days back to work (light duty), I was ignored by "fellow" *cough* management, but not the troops. Oddly, my Director came into my office today (day 5).

It was weird, he was compassionate, caring etc. Here is the reason for this post.... He admitted to not truly knowing or understanding the difference of "RA" Reasonable Accommodation, or DR Disability Retirement!!! I was amazed. I am a GS14 - he is the "big" GS15, and didn't understand this area of law and policy! I was a bit set aback as this is the "guy" that I would "go-to" for answers if one of my guys had issues! The good thing? In my 3 months stuck home...the last month and a half reality set in, so I started self (intentional miss spell here) edumencaaation!!! I asked him if I could explain it to him - received well. He then started telling me what LER (Labor Employee Relations) would do. First off, LER is a management TOOL for advise, they have no legal or administrative authority!! As a Supervisor I have used them sure...but I have battled and won against their "recommendations" on discipline!

Here is my final reason for this post.

1. Have your ducks in a row - know why you are/can file for DR

2. Be prepared to explain to your supervisor (and even though one - most of my peers have NO clue of this ... subject!! Sad but true!!!!) why you have decided to file. Do not be aggressive, just give him/her the facts.

3. If you wish - print out the applicable (cuz it is HUGE) DR sections pertaining to you for your supervisor. It not only saves them from looking it up, it makes the supervisor more amicable to you since you did some of the "leg work" - most of my peers "HATE" looking this stuff up!!

4. Crunch your numbers - most "unknowing" supervisors might try to pry into your financial situation - "Sorry sir, with all due respect, this is not your business" - or something to that effect. I don't know if that is a leftover parent thing or what, but a lot of my peers - that is their first question!?! Odd...I know.

5. Research "Reasonable Accommodation vs. Disability Retirement"... Some folks though disabled, you may with a reasonable change - headset/ramp/away from smokers etc. You might actually have a job such that you can do, and not truely eligeble for retirement.

There is more, but I figure this is a good start for folks to think about. Again I am an odd ball in that I research the snot out of things - most times to PROTECT my guys!!! I became a supervisor for them, not the grade. Unfortunately, too many (and you all see em daily!!!) did it for the grade, power, position etc. Sux I know, but there are some of us that did it to help the workers!!! Take care ya'll!!!!

Approved...

jmagma — Thu, 19 Nov 2009 17:58:22 GMT

I just wanted to post that I received my approval letter a couple of days ago. I submitted my disability application around the first to middle part of June, so it took 5 months to be approved. &... I didn't hire an attorney, but I studied and read and re-read all of the information on-line that I could find, including and especially what I have read on this site. This site was probably by far the most enlightening, and informative site I could have found. I just want to say to people who just have no way to hire an attorney that you "can" do this on your own. ... get all of the information you can and ask questions, and pay attention to the answers, and it is very possible to get an approval on your own without having to hire an attorney. It just takes some time on your part to do the research, and find out just what and how it needs to be done. It is at least worth a try. A person can always hire an attorney down the road, if need be. Good Luck to everybody.....

Disability Retirement Dicussion with the Doctor

Aviatrix — Fri, 06 Nov 2009 22:26:07 GMT

Greetings all! Mr. McGill maybe you can help here? I see my Neurosurgeon this coming week, and more than likely 2 things are going to be covered. 1st being that most of the nerve damage (C5/6/7) is permanent, and the possible future with my C2/3 area that is now got Stenosis (narrowing of the bony area that the nerve exits), and is bugling as well. Neither topic makes my day. Okay, either of these topics are easy between my doctor and I. Here is my question.

What is the best way to not only bring up the Federal Disability Retirement issue, and too of course give the doctor a "nice" heads up that the lawyer will be making contact for a statement, to include that this action is NOT a negative on the actions of the surgeon/doctor? My doctor is a really good person, but I want to make sure he knows this isn't a "personal attack" towards him or his treatment of me. The other doctors to which statement solicitations will be made only have referral or diagnostic stakes in this, so they won't be "upset" nor have their egos bruised I am sure. Thanks in advance for anyone's advice, guidance, thoughts... :-)

Signing OPM Physician's Statement

74HM — Thu, 19 Nov 2009 19:34:32 GMT

I read that you should never sign the physician's statement for OPM because all your medical could be sent to agency. By not signing, will that have a negative effect on approval or time? Or do you sign after you received and reviewed the statement from your physician?

My disability is a visual impairment...

20 yrs — Sat, 10 Oct 2009 03:42:25 GMT

I have been suffering with vitreous eye floaters for about 10 yrs. now. Immediately after my back surgery 8/2008, I noticed the floaters had increased and my vision is so impaired that I have occular migraines. My job is 80% administrative so I'm on the computer practically all day. When I have migraines, I'm unable to read what's on the screen and I have to go lie down in a dark room for about and hour or so. If I return to my job before the headache is completely gone, it' starts up again. I'm so relieved when the headache is finally over and I can see again...but then my thought process has changed. It's hard to rationally hold a decent conversation with the patients I'm trying to schedule.

I help with minor procedures in the clinic also which I have to excuse myself during these episodes. My opthamalogist keeps saying that the floaters will eventurally settle to the bottom...other people's may have, but mine sure haven't. He seems to make light of my problem saying he's seen worst, He referred me to a doctor who uses the laser to minimize the floaters but the risks are more floaters and blindness (to name the most serious ones).

I haven't seen this problem addressed in this forum and was wondering if anyone has recieved DR for a disability of this nature. I have worked for the VA for 22 yrs and is under FERS. Any advice and suggestions would be appreciated. I would have to work through the retirement process as I have used all my leave for my back surgery last year. Thanks.

Approved!

chuck7474 — Thu, 19 Nov 2009 03:00:36 GMT

I want to thank Mr. McGill for all his hard work on getting me approved for my disability retirement!! OPM approved me after having my application for only 39 days after receiving my csa# I would recomend Mr. McGill to anyone who is thinking of going down this long road. It's worth the investment in your future. Thanks Mr. McGill!!

Annuity at Retirement under FERS, and cost of living adj

ktsanfran — Tue, 17 Nov 2009 22:59:05 GMT

Hi everyone,I had two quick questions and apologize if they were asked before.

1.) When you reach regulaar retirement age under DR, do your monthly payments increase to what they would have been had you been employed all that time and earning your full capacity in your job? under FERS first retirement is at 56 - same thing for folks on DR?

2.) Are the annual colas (cost of living adjustments) under DR the same % for us as they are for regular employees in the same area?

Thanks

Agency mess up

J1DUB — Mon, 16 Nov 2009 23:44:47 GMT

Hi all,

I was just wondering if anyone had a recent time frame on an answer from OPM. I sent my DR app. to my field office in Dec of 08. My ATSAC (boss) told me that he had no idea how to fill out his part and sent it to our medical HQ in Washington. Well he sent it to the wrong address and someone signed for it and took off with it. I was told they tried to track it down but couldn't find it. Now someone has all my info including SS# address and worst of all what agency I work for. (I am a fed LEO) I was instructed to resubmit my app with copies of the original I had. After doing just that I was told that our HR dept was now being run by Lockheed- Martin and they would contact me with any questions. Of course they contacted me wanting the original app and not copies. I rewrote the entire app and sent it in the only thing I couldn't send original was the physicans statement. It was hard enough to get the first time. Anyway enough about my history....I received a CSA# in Aug 09. Again just wondering if anyone has been approved or denied lately and the time between getting a CSA# and an answer.

Thank you all for doing what you do.

J1DUB

TSP loans and contributions after retirement?

Jim300 — Sat, 14 Nov 2009 10:49:14 GMT

I have been told when you receive a medical disability retirement they simply pay out your loan to you and you owe the penalties on this money. Many use this nest egg for emergency cash while waiting for the retirement money to start being paid out.

I have been told in the past if you ever default on your tsp loan you can never do another one. Would this pay out be a similar action where you cannot take a tsp loan ever again?

After you retire, can you contribute to your tsp fund? I doubt any matching funds will come from the agency.

Can you take out a tsp loan and pay it back after retirement as opposed to actually withdrawing it and paying penalties?

I know these are mostly tsp questions, but I am trying to determine how to weather the financial problems that I may experience while awaiting my decision.

1811 DR high three

gforce1344 — Mon, 06 Jul 2009 16:18:29 GMT

I'm an 1811 (Criminal Investigator) and I receive Law Enforcement Availability Pay (LEAP) as a part of computating my high three do they include my entire pay to include LEAP and locality pay? In addition, does the 80% you can earn in another job if you receive OPM DR include LEAP and your locality pay or is just base pay only?

Federal Disability Retirement: Thanks for all of your input

AttyMcGill — Wed, 04 Nov 2009 22:18:00 GMT

Periodically, I like to thank everyone for the vast storage and input of knowledge which is shown on this message board. While I don't always give my input (often, it is unnecessary because the information and responses provided are far better, and of greater accuracy and perceptiveness than what I can provide), I monitor and review all of the questions and responses on a daily basis. I find it to be a great honor to be the Board Guide of such a large pool of informed individuals. Thank you, all.

Sincerely, Robert R. McGill

Pay Chart (Kinda Sorta)

mazgj — Sat, 07 Nov 2009 16:01:46 GMT

Hello

I did some research on this board and got little input, but here are my conclusions on estimated income and my calculations and assumptions.

People have choices so all this data is skewed, based on what you select for paycheck withholdings and deductions (this is my disclaimer … don’t hold me to this as gospel … it is just a guide).

I was told for taxes and medical insurance (I was also told Soc Security is not taken out, nor retirement, or TSP) DR gross income is reduced by 15% and your take home is 85% and 85% of gross is a good estimate for net income.

Then I looked at OPM.gov and found where you have a choice that if you have a spouse you can chose to provide a lifetime income for him/her (upon your death) … 5% reduction in DR income results in the spouse receiving 25% of your DR income with recalculations taking place when you would have reached age 62 as is normal for the DR program. 10% reduction covers the spouse at 50% of your DR income. I am not sure and I did not call OPM but I would think your spouse might get to change that reduction and payout at the recalculation time when the income transitions from DR to retirement income at your age 62. 62 is the age from FERS, is that the age for CSRS too?

So after much noodling (thinking how to do this for everyone on this site) on my part, I made the following chart …

Statements

I will only deal with the years where 40% of your income is paid (I want to do this simply so I limited myself to these years … not the one year where you get 60% of your gross pay income).

I will use the 2009 OPM Salary Table from the Washington DC area to get gross income while working figures.

I will only do grades 7, 9, 11, 12, 13, 14 and 15

I will only do the grades for the step 5 income (I did not want to build a spread sheet and do all that work).

I will give you my formulas so you can do your own noodling (I like the word “noddling”...

I will only do monthly net income for the final figures.

Math symbols are

&nbs... * is multiply

&nbs... / is divide

&nbs... All others are as your math teacher taught in grade school

Assumptions

85% is accurate for net income (looking at taxes and health care) since I was given that figure on a question I posted a few weeks ago, I assume the person did the math from their pay stub who is on DR income.

Everyone owes federal taxes and that the 85% net income assumption does not include state taxes … so you will have to plan/calculate on what your state tax status is for tax calculations and hence my results will be high on that account.

When looking at yearly amounts you only care about thousands so I will round to the nearest thousand dollars.

When dealing with monthly income I think you are more interested in whole dollar amounts (no pennies).

Math Formulas

Gross Income (GI) * .40 = Gross DR Income (GDRI)

GDRI * .85 = Net GDRI = Net Income (NI)

NI / 12 is your Monthly Net Income (MNI)

NI * .95 = Spouse 25% Life Time Income = Spouse Income 25% (SI25)

NI * .90 = Spouse 50% Life Time Income = Spouse Income 50% (SI50)

SI25 / 12 = SI25 MNI

SI50 / 12 = SI50 MNI

I have written this in Word and the chart is not doing well in the Preview look for posting, for some reason this board does not like "Tabs". I tried using spaces in the chart but that too came up goofy. I’ll post it and see how it looks, if I need to, I will respond to my own posting with the data in a different display to overcome any goofyness, I want to make sure I can pass on meaningful information.

THE CHART

Grade.Step GDRI NI &nbs... MNI &nbs... SI25 SI25 MNI &nbs... SI50 SI50 MNI

& GI

7.5 47K &nbs... 19K 16K $1331 &nbs... 15K $1266 &nbs... 14K &nbs... $1200

9.5 57K &nbs... 23K 19K $1615 &nbs... 18K $1504 &nbs... 17K $1425

11.5 69K &nbs... 28K 23K $1955 &nbs... 22K $1857 &nbs... 21K $1759

12.5 83K &nbs... 33K 28K $2351 &nbs... 27K $2234 &nbs... 25K $2116

13.5 99K &nbs... 40K 34K $2805 &nbs... 32K $2664 &nbs... 30K $2524

14.5 116K 46K 39K $3286 &nbs... 37K $3122 &nbs... 35K $2958

15.5 137K 55K 47K $3881 &nbs... 44K $3687 &nbs...42K &nbs... $3493

Oh sure great … now that I did this, I should have just picked easy round numbers rather than grades and steps since they work off high three anyway … LOL now I do real thinking ... so just look for something close to your high three and get a ball park figure.

Remember, I am not OPM, these numbers are not right and don’t reflect any official information to count on … but they are a best guess from a knuckle head … you get what you pay for … please accept this as free.

OWCP vs OPM

Sarah2010 — Thu, 12 Nov 2009 19:03:50 GMT

Hello,

I hope someone can answer this question because I've been trying to for some time. My question is in regards to the Labor Department's Election form (Form CA-1105).

I have approved disability claims with both OWCP and OPM and I was told that I can switch between the two agencies at any time. I was originally with OWCP and switched to OPM about 2 years ago. Now I would like to switch back to OWCP due to a death in the family and financial reasons.

I read on a website that I would be eligible for retroactive pay (backpay) from OWCP for the difference in pay between OPM and OWCP for the 2 years that I have been with OPM. Is this accurate?

If so, does the retroactive date (when I switched to OPM 2 years ago) go on the "election date" line on Form CA-1105?

Is this how I let OWCP know that I want to claim backpay (e.g. the difference in pay between OWCP and OPM) for the 2 years that I was with OPM?

If anyone can answer this, I would greatly appreciate it.

Thank you for your help.

USPS DISABILITY

brewski — Wed, 11 Nov 2009 19:36:05 GMT

I've got 23 years of carrying mail. I've had two cervical fusions 4,5,6,7. I'm I've had four shoulder surgeries for repetitive motion syndrome. Two on each shoulder. I need a third surgery on my left shoulder. I'm having stess headaches because of my fusion, and I'm in physical therapy because of a lower disc problem.

I'm almost 60 and I'm wondering if I can apply for fers Disability while I'm still doing my job? My neck surgeon and my orthopedic surgeon have stated that I need to stop, and that they will support my disability claim. What should I do?

FERS Disability Retirement

horus7 — Thu, 05 Nov 2009 02:15:33 GMT

I am a federal employee in FERS. I have 18 years services and meet Minimum Retirement Age (MRA). I am contemplating a disability retirement.

I attended an agency sponsored FERS retirement seminar and the instuctor stated since I qualify for a MRA + 10 retirement so I do not qualify to apply for a FERS disability retirement.

The instructor told me that MRA + 10 is an optional retirement, my retirement benefit will be computed under the general formula (18 * 1% * 0.75 = 13.5%) instead of FERS disability retirement (60% of my high-3 average salary minus 100% of my social security during first year of disability retirement).

Is instructor's statement correct? Appreciate your reply. Thanks.

In the process of filing for FERS for Major Depression

ktsanfran — Tue, 10 Nov 2009 22:22:39 GMT

Hi, I am interested in hearing from others in professional positions in the same situation, on their experiences, and especially successes after retirement. If you have decided to seek part-time work, how has it gone, and has it been hard to get work. Any and all thoughts shared are appreciated

Physician's Statement

74HM — Sat, 07 Nov 2009 19:02:24 GMT

In section B on the back of the physician's statement it asks the physician to complete the statement within 2 weeks. Do they mean 2 weeks of fileing for OPM and then you send the physician's statement later?

I have not filed anything yet for OPM but I did file for SSDI.

Would it be best to send all OPM forms with the physician's statement all at once?

Also, if hiring anniversary date is coming up within a few months, would it be better to file OPM after that date?

Ready to file questios

onlineemail — Sun, 14 Jun 2009 13:16:41 GMT

Ok I am ready to file but confused as to wording.

OPM DR form states, “You must, while employed in a position subject to the retirement system, have become disabled, because of disease or injury, for useful and efficient service in your current position.”

My current position is a modify clerk. The position I became disabled in and was hired for was a letter carrier. Once I hit my maxim medical improvement they transferred me. I have never done any real clerk work. Have been in this modified position for 2 years now

Other places I read (and on this site) says you can apply for DR if you cannot do useful and efficient service in the job you where hired for.

I am confused as to how to answer, do I answer as if I was a letter carrier (position hire for) or current position as mod. clerk? The DR forms does say current position not hired for.

Sample questions:

“Describe how your disease(s) or injury interferes with performance of your duties."-- As a mod clerk I can do this mod job

"What accommodations have you requested from your agency?"-- I never asked per say, just told them my restrictictions. The gave me job to fit them

"Give the approximate date you became disabled for your position." -- Again my letter carrier position, date of injury or date they put me over to clerk side.

Thanks,

collecting permanent SSD and working under the table

Odysseus88 — Wed, 04 Nov 2009 23:14:06 GMT

I have an upcoming case against someone who is collecting permanent SSD benefits but is also working full time hours in a restaurant. She has claimed to me in the past that SS allows one to earn up to $7,000 per year while collecting SSD benefits. She is also a compulsive liar so I am checking up on every claim she makes. To be clear, I do not intend to use incriminating evidence related to potential SSD fraud as a bargaining chip as I know the pitfalls to doing that. She is apt to deny her hours of work if they do conflict with SSD, making contact with her employer important as her hours of work are pertinent to the case, not her income or SSD status. Is there an allowable income for those receiving SSD benefits and if so what is the cap?

Open Season Enrollment Time!

I M Free — Mon, 02 Nov 2009 23:28:31 GMT

If you did not get the letter from the OPM, the Open Season will be held from November 9th through December 14th, 2009. You can contact the OPM at www.opm.gov/insure to change or update coverage. You need to do nothing if there are no changes.

What percent is a good estimate for net pay

mazgj — Wed, 28 Oct 2009 22:22:44 GMT

Hello

I like playing with numbers and making math models, when thinking about disability income I estimate net income to be between 70 and 75% of gross pay. I know you don't pay into retirement, life insurance payments are no longer needed (I think you keep the insurance and the payments are waivered [this might not be true, please validate or correct me]), most people do not pay into TSP (it will not be matched if you do, again please validate or correct me) and your only real deductions are taxes and health insurance. So what is a good number to use to estimate net pay from gross pay? Unlike most people here, I can foresee my need to apply in years to come (about 4 or 5), but at 54 in FERS, I am hoping to make it all the way to age 62 and stay on 100% income. Its just after reading all your comments I have learned that staing on the job and keeping a full income is far better, but what most people have stated is they lacked the ability to foresee disability in their future and the finacial shock has been difficult to overcome. I want to plan finances now so if I need to be in this program I can minimize the financial risks and shortfalls. I also hope my question here and others I have (and will) ask helps others to also plan for the future. THANKS !

6c Law Enforcement Position and Reasonable Accommodation

Aviatrix — Sat, 24 Oct 2009 06:37:19 GMT

Greetings all! New to this site. I have read a LOT on here, and have gleened a lot of useful information - thank you all in advance. I will probably have this answer shortly when I speak with my new lawyer Monday, but since I didn't see this addressed in the forums, I figure others may want to know as well?

Okay... For me, I am presently a Supervisor in a law enforcement (6c) position. This of course has one major job requirement of "carrying a firearm." Due to cervical issues (2 fusions over a year and a half) I have lost a lot of the strength in one arm - this is causing me not to be able to qualify, hence "unable to perform an essential element of my job/PD." For this reason, I will be filing for FERS OPM disibility retirement shortly. Okay, with that all said, now comes the question. From what I understand "Reasonable Accommodation" is such that they make adjustments so you can do your job. Well, is there any way they can reasonably accommodate when the "gun" is out of the picture? Logic tells me NO, but having been in govt. (19 years civil service, 10 years Army) I am not sure. I know that they have to keep you at the same pay grade / salary, and it has to be within the commuting distance. I am a GS14, and there (to my knowledge) is NO RA that fits that grade/salary/distance criteria nevermind the gun issue. Insight is welcome, thanks!

SSDI and OPM

74HM — Mon, 26 Oct 2009 21:19:55 GMT

Is there a time limit to file for OPM because you filed for SSDI?