FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Collateral Impact - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Collateral Impact

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there is the question of whether collateral or parallel venues of disability benefits can be applied for; whether there is a conflict between such "other" filings; and further, what impact each of the alternative sources have on each other.  Such other venues of applied benefits could include the Office of Worker’s Compensation, under the Federal Employees Compensation Act/Department of Labor (OWCP/FECA/DOL); Social Security Disability; Unemployment compensation; VA Disability benefits, private disability policies, etc. As a general rule, there is no reason why all of such benefits should not be applied for concurrently.  Is there a conflict between each?  By the term, "conflict", would imply something negative or improper in the mere filing.  To that superficial question (and by "superficial" is merely meant an initial, fundamental question, and not as to the depth of any complexity), the answer is a simple "no".  There is nothing improper in filing for multiple and concurrent benefits, so long as the questions asked by each benefit/entity is answered honestly and truthfully.  As for "impact" between one or the other, some benefits have exclusive compensation (OWCP & FERS or CSRS disability annuities cannot be paid at the same time), some have offsetting benefits (FERS & SSDI offset each other); some have no impact on each other at all (VA benefits & Federal Disability Retirement benefits can be received concurrently, for example), while still others depend upon the language of the contract (e.g., private disability policies).  A still further question concerns whether or not medical reports and benefit determinations from one source can impact, and in what way, another source.  That subject will be discussed in another blog.

Sincerely, Robert R. McGill, Esquire

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there is the question of whether collateral or parallel venues of disability benefits can be applied for; whether there is a conflict between such

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Robert R. McGill

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Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Lost Causes
    Posted on August 17, 2019

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