FERS Disability Retirement & SSA Awards

When filing for FERS Disability Retirement, one is required to file for SSA disability at some point in the process. Some Human Resources offices have declared that it must be filed prior to OPM’s acceptance of a disability retirement application; this is not true. A receipt showing that SSA has been filed can be forwarded to OPM at any time — even after approval. In the unlikely event that the SSA filing is approved prior to the FERS disability retirement being approved, it is important for the applicant to send to OPM a copy of the award notice, because under Trevan v. OPM, the Office of Personnel Management is required to consider the award of SSA disability, together with other medical documentation, in reviewing a disability retirement application.

There are other steps that need to be taken, of course, to ensure that OPM considers such an SSA award properly and in accordance with the holding in Trevan; and, in most cases, of course, it will not be an issue, because the majority of disability retirement applicants will not qualify for SSA disability; rather, it is a formality that must be satsified, simply because the law requires it.

Sincerely,

Robert R. McGill, Esquire

0 thoughts on “FERS Disability Retirement & SSA Awards”

  1. Question for you. I was awared SSD but not yet receved my first check the amount is 1595.00 and my FERS Retirement is say about 1600.00 I would like to know how much I am expected to lose and what I am expected to live on. I ahve tried to figure this out but I am too confused. Can you help me figure this out?

  2. I was retied out under FERS after 19 1/2 years due to medical. I paid back my time of three years. I started my employment in March 1986 in July 2000 I lost my job due to my job going contract and in 2003 I was rehired by the same employing agency, during this time I had to buy back 3 years. I was not given this when I retired last year. So when I am 62 my SSD award turns into regular Social Security since I will retire out early, will I ever see this 3 years that I paid back or not?

  3. My husband retired under the FERS program in April 2008 due to a medical disability that left him unable to do his assigned duties. He origianlly got in his FERS check 1.610.00 per month. He retired out in April 2009 and in October 2009 he was approved for his SSDI benefit of 1.595.00 per month. After his first 12 months with OPM he was reduced from 1,610.00 a month to 1,073.00 On October 18, 2010 we were notified by OPM that his annunity was decreased again to now 523.00 (gross) his net will be a meagor 127.00 per month not a lot of money for sure. We do not know where we stand with his SSDI award, will it remain at the 1595.00 per month or will that to be reduced? I don’t know and it does get better because we have contacted OPM and Social Security about this very same question and well we get this for the answer.We don’t know how this will affect your SSDI Award well that is a lame excuse if you ask me. We do not quailfy for SSI becuase he makes too much money well I don’t call 1722.00 a lot of money for two people to live on and the amount two people can have in resources is 3,000 in the eyes of Social Security Administration so I don’t get it. We did cut back like way back and had to file a Chapter 7 Bankruptcy and no this should not happen to hard working Americans but again this is our Federal Government hard at not working for us. Sorry but someone needs to step into our pants, shoes or what ever to understand how this entire situation affected us and who knows how many more this will affect. So if your getting 3100.00 from FERS your going to lose a great deal not to mention the big payback that you will have to handle for overpayment of your FERS called the offset. We are paying back 127.00 per month for 81 months the over payment was over 10,000 So the way I see it they took another 51% away from his monthly annuity. I am not an attorney and I am no longer mad at the system I guess I am numb and so disappointed and also that we are SCARED if we get cut on the Social Security we will not be able to afford to live. We will not be able to afford the general bills, my husbands high perscription costs that we pay out of pocket and for groceries well eating is so over rated these days anyway.

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