1) If you are found to be medically recovered from your disabling condition,  OPM can and does terminate the  disability retirement annuity.

2) Your annuity can be stopped if you reach “restoration to earning capacity”.  This occurs if, in any calendar year, your income from wages and self-employment is at least 80 percent of the current rate of basic pay from [...]]]> There are three situations where  your Federal Disability Retirement benefits can be stopped or terminated, if you are under age 60.

1) If you are found to be medically recovered from your disabling condition,  OPM can and does terminate the  disability retirement annuity.

2) Your annuity can be stopped if you reach “restoration to earning capacity”.  This occurs if, in any calendar year, your income from wages and self-employment is at least 80 percent of the current rate of basic pay from the position you retired from.

3) You are re-employed in the Federal service in a position equivalent to what you held at retirement.  This is called, by  OPM, being “administratively recovered”

If your federal  disability retirement annuity was stopped because you were found recovered (either medically or administratively), your d disability retirement annuity can resume only if the disability recurs and you do not exceed the 80 percent earnings limitation.

If your federal  disability retirement annuity was stopped because you exceeded the earnings limitation, your benefit can resume effective the first of the year after you no longer exceed the 80 percent earnings limit.

If your federal  disability retirement annuity has been stopped by OPM, and you disagree with their reasoning, you can appeal the  OPM decision to the  MSPB.  It is always best to consult with a Federal Disability Retirement attorney when considering this step.

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

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

The biggest reason that you might receive different decisions – a grant of Social Security disability but not  FERS disability retirement (or [...]]]> I have heard from a lot of  disability retirement applicants that they have been approved for Social Security disability but later denied  disability retirement by  OPM. Many of the applicants that call us are confused how this can be, so this blog will attempt to explain how this might happen – and what you can do about it.

The biggest reason that you might receive different decisions – a grant of Social Security disability but not  FERS disability retirement (or vice versa) – is because the standards for the two claims are different.

A Social Security disability applicant need only prove that he or she is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

A FERS disability retirement applicant needs to prove that he or she is unable, because of disease or injury, to render useful and efficient service” in his current position and does not qualify for accommodation or reassignment.

It is hard to imagine a disability that qualifies for Social Security disability benefits but does not qualify for  FERS disability retirement. This is particularly true given the fact that the Social Security requirement is that you are unable to perform any gainful activity, and the FERS requirement is only that you are unable to perform useful and efficient service in just one position.

In a  disability retirement application under  FERS,  OPM and the MSPB must consider an award of Social Security disability benefits. However, either  OPM or the  MSPB may find that evidence of a Social Security disability award is outweighed by inconsistent and inadequate medical evidence, Contrary to some advice you may receive, an award of Social Security disability benefits does not require a similar finding regarding a disability retirement claim under  FERS.

Thus, in most situations where an applicant is awarded Social Security disability but denied  FERS disability retirement, the issue comes down to the objective nature of the medical evidence and what it says (or, more importantly, what the medical evidence doesn’t say).

If your medical evidence does not show your doctor’s objective reasoning as to how certain aspects of a particular medical condition render you unable to perform specific work requirements, then  OPM may be able to successfully argue that your medical evidence is inadequate to support a grant of  FERS disability retirement.

Another example occurs when the medical evidence shows that you did not comply with a doctor’s orders for treatment that might have controlled the medical condition and allowed you to keep working.

How do you fix this problem?

First, when you apply for  FERS disability retirement, you make sure that your doctor reviews your position description and explains how the condition you have prevents you from performing those duties (an explanation, not a statement, is essential).

Second, when  OPM denies your application for FERS disability retirement because your medical evidence doesn’t objectively reason how your condition prevents you from performing your duties, you supplement the record with a reasoned explanation from your doctor at the reconsideration stage.

Third, when you are appealing to the MSPB, you call the doctor to testify as to how your condition prevents you from performing your duties.

None of those three steps guarantees you will be granted  FERS disability retirement. However, it shows that there is a way to attack  OPM’s analysis throughout the process.

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

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

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

When an employee applies for disability retirement under CSRS or FERS, one of the elements that the employee must show is that the Agency is unable to accommodate him or her.

In order to prove this element, the agency must review all vacant positions under its jurisdiction at the same grade or pay level and tenure in the commuting area to determine if the employee meets the minimum qualification standards for any vacant position. [...]]]>

When an employee applies for disability retirement under CSRS or FERS, one of the elements that the employee must show is that the Agency is unable to accommodate him or her.

In order to prove this element, the agency must review all vacant positions under its jurisdiction at the same grade or pay level and tenure in the commuting area to determine if the employee meets the minimum qualification standards for any vacant position. If there is a vacant position available that the employee can perform with the medical condition, the employee cannot be granted disability retirement.

Some Agencies will assign disabled employees to light duty or limited duty positions. The Merit Systems Protection Board (MSPB) has ruled, following Federal Circuit case law, that light duty positions are not vacant positions for the purposes of a disability retirement application. The leading case on this point is Bracy v. Office of Personnel Management, 236 F.3d 1356, 1360-1363 (Fed. Cir. 2001). In Bracy, the Federal Circuit found that holding that a “vacant position” cannot consist of a set of ungraded, unclassified duties that has been assigned on an ad hoc basis.

So, just because an Agency sticks you in a set of ad hoc duties without a position description does not disqualify you from disability retirement, although many uninformed Agency supervisors and HR Reps will advise you that it does disqualify you.

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.

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

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

1) Consultation Fee: This is a fee that most Firms charge to determine, initially, if your case is one that the Firm is interested in. Some firms do not charge consultation fees, some firms [...]]]> In an earlier post, I suggested that the best way to be sure you are comfortable working with an attorney is to talk to as many as you can about your case. In doing this, it will be helpful to understand how attorneys charge fees.

1) Consultation Fee: This is a fee that most Firms charge to determine, initially, if your case is one that the Firm is interested in. Some firms do not charge consultation fees, some firms do. I have seen consultation fees ranging from nominal ($25-$50) all the way up to the attorney’s regular hourly rate ($250-$450 per hour). Law Firms charge this fee for a couple reasons, but primarily to defray the overhead involved in previewing your case, collecting the documents to do a reasonable review of your case, and the Firm and attorney’s time in preparing to give you good guidance during an initial consultation.

2) Contingency Fee: This type of fee arrangement occurs where the law firm agrees to represent you, in exchange for a percentage of any recovery. Usually, that percentage will range from 20% to 45%. If it is any lower, you should be suspicious: this amount would usually not be enough to fairly compensate an attorney for his or her time on a case, so you should be wary of the old adage that you get what you pay for. If it is any higher than 45%, you should be extremely suspicious – I have only heard of contingency arrangements higher than 45% of the award in a select few cases. Read the language on a contingency fee contract carefully. While not having to pay costs up front, you will likely have to pay costs out of your share of the award.

3) Fixed Fees: Some attorneys will agree to represent you in your MSPB appeal or application to OPM for a fixed fee. This type of fee is a one-time fee that you pay for representation over an agreed period of time. The fixed fee can be a monthly fee for each month that your case goes on, or one fee for the application and another for the MSPB appeal, etc. In an event, it fixes your legal costs to a known dollar amount. The down side? Fixed fees can often be fairly high, as the attorney or law firm does not want to run the risk that they will put more time and costs into the case than the fixed fee will allow them to cover.

4) Retainers and Hourly Fees: This is the most traditional method for attorney fees. You pay a sum to the attorney, it is held in a Trust Account, and periodically, the attorney takes payment out of the trust account for hours worked and fees expended. The plus side of an hourly fee arrangment is that if the attorney doesn’t spend all of the retainer, you will receive a refund of the unused portion. The down side is that these types of fees are usually unpredictable, and can get quite expensive, particularly when an attorney has a higher hourly rate.

A word about hourly rates. The attorneys hourly rate is set by each attorney and each firm based on its own internal decision making process. Typically, the hourly rate includes the cost of running the firm (hiring secretarial staff, equipment, office space, storage space, copiers, computers, fax machines, etc.). This is why the hourly rate can vary widely from city to city. The average hourly rate of an attorney in Washington, D.C., is going to be higher than the hourly rate of an attorney in Dallas, Texas, just because it is more expensive to own and operate a firm in Washington, D.C. Many attorneys are maligned for high hourly fees – the greater public thinks we get rich off our hourly rates – not true. I agree that some of the big firms tend to have unusually high or exorbitant hourly rates; for most small law firms, boutique or niche practices, or solo practitioners, the hourly rate is barely enough to keep the power on and the phones ringing.

5) Engagement Retainers: More and more attorneys are charging engagement retainers. This type of retainer, also called a True Retainer, is a one-time payment to a firm or attorney which enables them to make time available to represent you (and not some other client).

6) Blended Arrangements: This is where any one of the two above-arrangements are blended together. In some situations, an attorney will charge a fixed fee for the first stage of the FERS or CSRS disability retirement application process, and work the second stage on another fee basis. Blended arrangements are more and more common – attorneys as a community are striving to find a better balance between affordable legal representation and paying the costs associate with a law practice.

Click here to learn more about the specific types of  fees that the Attig Law Firm charges for Federal Disability retirement applications.

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 retirement applications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and 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 Federal Disability Retirement Lawyer at the Attig Law Firm to schedule a telephone consultation.

You receive the letter from OPM, open it, and find that OPM denied your application for disability retirement benefits under FERS/CSRS. Chances are, you’ll read the letter over and over, and the more you read it, the less sense it will make. What do you do?

At this point, your choices depend on what stage of the application you are at. If this is the first indication you have received that OPM [...]]]>

You receive the letter from OPM, open it, and find that OPM denied your application for disability retirement benefits under FERS/CSRS. Chances are, you’ll read the letter over and over, and the more you read it, the less sense it will make. What do you do?

At this point, your choices depend on what stage of the application you are at. If this is the first indication you have received that OPM has denied your FERS or CSRS disability retirement benefits, you have to request reconsideration. Without a reconsideration request, there is no appealable decision. Now, I can count on one hand the number of times that a decision of OPM is changed after a reconsideration, so this step is usually, from your perspective, a waste of time.

One idea as to how to use this time to consider whether or not you want to retain an attorney to represent you. There are a number of skilled attorneys out there with experience representing employees before the MSPB on denials of disability retirement benefits under FERS or CSRS. There are also a lot of not-so-good businesses out there. The way to figure out which are good and which are not is to use your time between the denial and the reconsideration to consult with a number of attorneys and find the one you are most comfortable working with. You can also check this website, where you will find a number of federal attorneys who post frequently about such topics: www.federalsoup.com

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.

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

Earlier, I posted about the process to seek waiver (or reduction of repayment schedule) of an overpayment of retirement benefits.

To give you an idea how this works in reality, I thought I’d break down a recent MSPB Initial Decision (San Francisco Regional Office, October 2008).

In that case, the Appellant received an overpayment of retirement benefits. She had applied, and was granted, disability retirement from OPM in 2004. It took until 2007 for her to receive [...]]]>

Earlier, I posted about the process to seek waiver (or reduction of repayment schedule) of an overpayment of retirement benefits.

To give you an idea how this works in reality, I thought I’d break down a recent MSPB Initial Decision (San Francisco Regional Office, October 2008).

In that case, the Appellant received an overpayment of retirement benefits. She had applied, and was granted, disability retirement from OPM in 2004. It took until 2007 for her to receive Social Security Disability payments. In the interim, OPM continued to pay her disability retirement annuity without the mandatory reduction for Social Security disability payments received. When the Appellant received a lump sum payment from Social Security, she failed to hold-back the portion that was owed to OPM for overpayment of her annuity.

In her appeal, the Administrative Judge found, correctly, that the Appellant should have held back the over-payment. However, the Administrative Judge also found that the Appellant was entitled to reduction in the OPM proposed repayment schedule.

The Judge reduced the Appellant’s monthly income of $4,407by her expenses – OPM did not dispute $3,159 in expenses. (Shockingly, OPM did dispute her monthly grocery bill of $691 and a monthly clothing allotment of $155 – someone at OPM needs to leave work early and go to the supermarket or the mall – those expenses seem pretty darned reasonable to me). The AJ found that the Appellant’s expenses were reasonable, and therefore, she was entitled to a reduction in OPM’s proposed repayment plan.

In any event, the AJ found that the Appellant had only liquid assets to support monthly payments of $10 – rather than OPM’s proposed monthly payments of $158.68 per month.

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.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case.

If you find yourself in a situation where OPM is claiming that you were overpaid retirement benefits, and would like to challenge OPM’s calculations of the overpayment or the waiver amount to the MSPB, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.

How much will my disability retirement annuity be?

Generally speaking, your FERS disability retirement annuity will be 60% of your high-3 average salary minus 100% of your Social security benefit for the first 12 months. After 12 months, the FERS disability retirement annuity is reduced to 40% of your high-3 average salary minus 60% of your Social Security benefit. Please see the OPM Website for a chart that explains when this general computation [...]]]>

How much will my disability retirement annuity be?

Generally speaking, your FERS disability retirement annuity will be 60% of your high-3 average salary minus 100% of your Social security benefit for the first 12 months. After 12 months, the FERS disability retirement annuity is reduced to 40% of your high-3 average salary minus 60% of your Social Security benefit. Please see the OPM Website for a chart that explains when this general computation might be different based on your specific scenario.

However, your FERS disability retirement annuity can be recomputed at two times:

1) If you were less than 62 years old when you began receiving your disability retirement benefits; and,

2) If you were less than 62 years old when you began receiving your disability retirement benefits, and were not eligible at that time for your optional retirement benefit, your annuity will be recomputed after you have been retired fro 12 months and when you reach age 62.

In the first scenario, your annuity will be recomputed to be 40% of your high-3 minus 60% of your monthly Social Security benefits. You will also be entitled to elect your earned annuity (optional retirement) if it is larger than your disability annuity.

In the second scenario, please read the OPM website for more information about how your annuity will be recomputed.

If you believe that OPM has improperly computed or reduced your disability annuity, your optional retirement annuity, or any survivor annuity, you may have an MSPB appeal right. Please contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case.

Often times, Agencies persuade employees to settle their removal appeal by agreeing to alter the removal grounds so that the employee is removed for medical inability to perform the functions of their job.

Read more about this by clicking here.

In other situations, federal employees are advised that such a removal is almost a guaranteed basis for securing disability retirement. Generally, it is true that a Federal employee who [...]]]>

Often times, Agencies persuade employees to settle their removal appeal by agreeing to alter the removal grounds so that the employee is removed for medical inability to perform the functions of their job.

Read more about this by clicking here.

In other situations, federal employees are advised that such a removal is almost a guaranteed basis for securing disability retirement. Generally, it is true that a Federal employee who is removed for medical inability to perform the functions of their job will have an easier time proving that they are entitled to disability retirement. Employees in this situation have the benefit of what is called the “Bruner presumption”.

The “Bruner presumption” is based on the Bruner case, and here’s how it works. Generally, an applicant for disability retirement (under FERS and CSRS) has the burden of proving the necessary elements by a “preponderance of the evidence”. However, when the employee is removed on “medical inability” type grounds, the burden of proof shifts – to OPM – to prove that the applicant is not entitled to disability retirement.

We tell our clients to be wary of Agencies that try to offer you some benefit in settlement that will “guarantee” your eligibility for disability retirement. We also tell our potential clients that, most times, the Bruner presumption favors the disability retirement applicant.

Sometimes, however, the Bruner presumption doesn’t help the applicant – in July 2008, however, the Board issued a decision where the Bruner presumption was applied, but still found in favor of OPM’s denial of disability retirement. (Note of caution: the Board decision was an intial decision of the Administrative Judge, and thus cannot be cited in briefs, and has no precedential value).

In this particular case (the applicant was pro-se, and did not have an attorney or lawyer represent her before the Board), what bothered the MSPB Administrative Judge was that there was a lack of “objective medical evidence” showing that the applicant’s medical condition actually had an impact on her ability to do the work she was assigned. There were some doctor’s notes, but they appear to be mostly generic statements that really didn’t explain, in medical terms, how the condition prevents the applicant from doing her work.

This is what happens quite often in removal-settlement scenarios, particularly when a medical condition is involved. The Agency agrees to replace the removal letter with a “removal for medical inability” type letter. They’re happy because you give up your appeal, and they have no liability in the future. The Judge is happy, because it’s one less case to hear and decision to write. You’re happy, because you’ve been told you’re almost guaranteed to get disability retirement.

Who’s not happy – OPM. Why? Because the Agency’s action is often not based on any real medical evidence or, in some situations, it is based on medical evidence but they don’t state that in their letter. OPM is concerned that the Agency is trying to encroach on their authority to make dispensations from the disability retirement fund, and the employee is the one caught in the middle.

How do you prevent this from happening? A few things can be done.

First, make sure that if an Agency agrees to remove you based on medical inability that they state the condition and the inabilities, and the doctor’s notes on which they relied on in the removal letter.

Second, make sure that the Agency agrees – in the settlement agreement – to provide a supervisory statement in support of your application for disability retirement. We often attach such a supervisory statement as “Exhibit A” to the settlement agreement.

Third, make sure that your doctor has observed a nexus between your medical condition and your inability to perform certain tasks, and that your doctor can articulate why your medical condition prevents you from rendering useful and efficient government service – in other words, can your doctor explain how your particular medical condition prevents you from doing particular tasks in your job. If your doctor cannot articulate this “nexus”, the Bruner presumption cannot help you. I have found it helpful to have clients take their position description to their doctor, and have the doctor explain exactly what tasks on that PD the employee cannot do because of the medical condition and why.

Fourth, always have an attorney or lawyer experienced before the Merit Systems Protection Board (MSPB) or with FERS or CSRS disability retirement claims look over any settlement agreement and/or disability retirement application.

Those of us that practice regularly before the Board can spot a problem a mile away. Agency attorneys, who come and go from the Agency, often don’t have sufficient know-how to properly advise you on whether and how the Bruner presumption might work in your situation.

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.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case.If you believe that an OPM denial of disability retirement is improper, and would like to challenge the OPM decision on disability retirement to the MSPB, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.

Often we see letters from OPM denying an employee’s request for disability retirement based on the fact that there is no evidence that the disability resulted in any performance, conduct or attendance deficiencies. Usually, OPM’s analysis stops there.

However, this is not the only element that OPM must consider. When there is no performance. conduct or attendance deficiency, the relevant question is whether the appellant’s medical condition is incompatible with either useful and efficient service [...]]]>

Often we see letters from OPM denying an employee’s request for disability retirement based on the fact that there is no evidence that the disability resulted in any performance, conduct or attendance deficiencies. Usually, OPM’s analysis stops there.

However, this is not the only element that OPM must consider. When there is no performance. conduct or attendance deficiency, the relevant question is whether the appellant’s medical condition is incompatible with either useful and efficient service or retention in the employee’s former position.

If OPM fails to consider both of these elements, then you may have grounds to appeal OPM’s decision to the Merit Systems Protection Board (MSPB).

Before the MSPB, you will need to show evidence of a disability (click here to link to our series of posts on disability retirement under FERS.

Most importantly, a determination of disability must be based on the probative value of all of the evidence, including: (1) Objective clinical findings; (2) diagnoses and medical opinions; (3) subjective evidence of pain and disability; and (4) all evidence relating to the effect of the employee’s condition on his ability to perform in the position he last occupied.

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.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you believe that an OPM denial of disability retirement is improper, and would like to challenge the OPM decision on disability retirement to the MSPB, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.

The quick answer is “Yes, you should apply for both if you believe you are entitled to both”.  When I say “both”, I am referring to wage loss compensation benefits from  OWCP and federal disability retirement from  OPM.  If you are eligible for  federal disability retirement through  OPM, then apply for it. At the same time, if you are eligible for disability compensation from OWCP, apply for it.

However, you will not [...]]]> By far, this is the most common question that is asked during consultations.

The quick answer is “Yes, you should apply for both if you believe you are entitled to both”.  When I say “both”, I am referring to wage loss compensation benefits from  OWCP and federal disability retirement from  OPM.  If you are eligible for  federal disability retirement through  OPM, then apply for it. At the same time, if you are eligible for disability compensation from OWCP, apply for it.

However, you will not be able to receive both wage loss compensation from OWCP and federal disability retirement from  OPM at the same time.  If you are granted both you will have to make an election between the two. If you accept both, and the mistake isn’t caught, it is highly likely that sometime down the road you will get hit with a huge bill from Uncle Sam seeking recoupment of overpaid benefits.

One word of caution – if the Agency removes you from the rolls, you have only one (1) year from the date of separation to apply for  federal disability retirement through  OPM.

Do not miss this deadline – the government loves their deadlines, and they stick to them ferociously. Unless you have legal “good cause” for missing the one-year deadline to apply for federal disability retirement, you will have forever lost your ability to apply for that benefit.

There are reasons why you may or may not want to accept one or the other. The biggest advantage of  OWCP disability compensation payments is that they are currently not taxed – at least as of the date of this post (December 27, 2007).

The biggest advantage of  federal disability retirement is that, with few exceptions, the grant of benefits is permanent and cannot be revoked at the whim of the Agency.

There are other advantages and disadvantages you should consider – every federal employee or postal worker’s situation is a little bit different.

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 retirement applications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and 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.