Last Updated on September 1, 2008 by FERS Disability Attorney
I keep getting the same feedback that tells me that people are still receiving erroneous information: SSA disability benefits do NOT have to be applied for first before you file for OPM Disability retirement benefits. In fact, the Office of Personnel Management only needs the receipt showing that a disability retirement annuitant filed for SSA disability benefits at the time of approval. Further, OPM would actually prefer that the SSA denial was based upon reasons other than the fact that the Applicant is still working, because the coordinating off-set between SSA & FERS disability benefits would come into play; however, if an applicant files for SSA benefits & files for disability retirement benefits while still working (and, for most individuals, it is an economic necessity that one continue to work for as long as possible during the process of obtaining disability retirement benefits), then that individual will summarily be denied by the Social Security Administration based not on the medical disability claimed, but rather, upon the fact that the applicant’s current income exceeds the maximum allowed by the Social Security Administration rules governing income and eligibility for benefits based upon income. Thus, for the 50th time: a FERS disability retirement applicant does NOT need to file for SSA disability benefits before filing for OPM disability retirement benefits. At some point in the process, prior to, or at the time of approval by OPM, the individual should file, obtain a receipt of filing, and fax it to OPM.
I hope this clarifies the issue.
Sincerely,
Robert R. McGill, Esquire
Can I collect the following Military Retirment, VA disability, social security disability, and OPM (Disability Retirement) from the post office?? I was told by one person i could not and another person i could. Please let me know. Thanks
I did just that because I was told by HRM that I had to apply. I was denied because I was still in temporary position, but after being approved for OPM medical retirement. I was sent a letter from opm to reapply with SSD. I just received my later that I was denied, Should I file an appeal or is the denial all I need. This really gets confusing. Thank You!