There are, most definitely, more than three (3) ways that Social Security’s decision to grant a FERS federal employee or postal worker disability benefits can affect OPM’s decision on federal disability retirement.  However, there are three significant ways that the Social Security Disability application can affect the Federal employee or USPS employee  federal disability retirement application or benefits from OPM:

1) Social Security is very, very slow in making decisions on Social Security disability applications.   OPM is slow, too, but makes decisions a bit quicker than Social Security.  On the rare chance that you receive a decision from Social Security granting you disability benefits before   OPM issues it decision on  federal disability retirement, you will want to let  OPM know this as soon as possible.  While Social Security’s decision to grant disability income does not guaranty that you will get federal disability retirement from OPM, it can be a very persuasive factor.  After all, Social Security has a much higher burden than  OPM for proving entitlement to Disability benefits.  Read more about how this can affect your federal disability retirement application by clicking here.

2) What happens if the applications are granted in the opposite order – that is,  OPM grants the federal employee or postal worker their  federal disability retirement benefits, and Social Security later grants Social Security disability income benefits?    The most important impact is that the “set-aside” regulations will apply to you if Social Security pays you past due benefits.  You will be required to set the funds received for past-due benefits aside in a separate account, and notify  OPM that you have been retroactively granted Social Security disability benefits.  Read more about set-aside rules by clicking here.  If you fail to set-aside the funds, then  OPM will recalculate your federal disability retirement annuity and you may be in an “overpayment” situation.  Read more about over-payments and waivers by clicking here.

3) The third way Social Security’s decision to grant disability benefits affects the federal employee’s disability retirement is financial.  OPM will offset the federal disability retirement annuity based on what Social Security is paying you.   This is to prevent you from “double-dipping”.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for  federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of  federal disability retirementapplications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and  federal disability retirement appeals to discuss the facts and law of your particular case. If you have questions about federal disability retirement under FERS or CSRS, or OPM’s denial of your applications for  federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Attig Law Firm to schedule a telephone consultation.