Last Updated on October 12, 2013 by FERS Disability Attorney
Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, face a formidable task both in terms of legal hurdles and administrative, bureaucratic glitches — not the least of which is in facing the daily battle with the medical condition itself.
Aside from requesting an accommodation from the agency, then being granted some cosmetic work refinements which probably do not constitute a legally viable (or even practically defensible) responsiveness; or of being offered an alternative part-time position which, if taken, will have dire calculation consequences in determining the average of one’s highest-3 consecutive years of service for annuity computation purposes; or more to the point — remaining in the full-time position but working only part-time and taking LWOP the remainder of the time, such decisions can be pragmatic ones which may be arrived at by the Federal Disability Retirement applicant as merely a choice which cannot be avoided, but one which should be embraced with full knowledge of the consequences.
For example, the problem with working one day a week is that such work constitutes only 20% of pay for the Federal or Postal employee who has filed for Federal Disability Retirement benefits. Yet, at the time of an approval of a Federal Disability Retirement application by the U.S. Office of Personnel Management, OPM will pay back-pay for the first year of annuity, at 60%. But if one has been working part-time during the entire process, no back-pay will be forthcoming precisely because such back-pay is paid only to the “last day of pay” — which would have been the previous week for that part-timer.
Further, the difference between what was part-time work-paid (20%) and what Federal Disability Retirement back-pay will give (60% for the first year) is one of 40% lost forever.
In practical terms, it may well be that working part-time throughout the Federal Disability Retirement process and the long bureaucratic wait was a necessity which could not be avoided; but it is nevertheless something which should be done with full disclosure and knowledge, so that there are no surprises in the end.
Sincerely,
Robert R. McGill, Esquire