FERS and SSDI

F

Fleigerhorse

PEB Forum Regular Member
I have an appointment with my HRO office on the 4TH of Aug to start my FERS disability paper work. I have alot of trust in this person and believe she would not intentionally steer me in the wrong direction. With that being said my HRO rep told me that she would give me paper work to take to the SS office and told me that I need to request that they deny me for benefits and bring the paper work back. The reasoning she has is that the first year you get FERS, SSDI is 100% subtracted. So get the SS paper work back denided and that will speed up the payment from FERS. Then during the first year of getting FERS I can reapply for SSDI.
Any thought?
Thank you
Chuck
 
I just went through the Tec retirement process and can't understand why you would would be told that. Yes SS is off set I get a check from both SS and OPM, no big deal. If you are getting a Tec disability because of a injury while on AD the thing that will slow it down is that OPM will fist deny the claim as they will say that you can still work but then your HRO has to use the reg that states OPM must retire you becouse you can no longer be in the Guard. Nothing that I did with SS slowed the process down. In fact I went to SS mid Dec adn got my first benifit in Feb. If your injury was due to AD remember to tell SS and your claim is handled differently. My Tec retirement wnet very well adn very fast. Good Luck
 
Just got my letter of denial from Social Security. (I'm an ANG tec)

My claim was "automatically denied" due to the fact I still manage to go to work most days. The letter states that I can reapply AFTER I stop going to work. MY HRO specialist did tell me that everyone has a different experience when dealing with SSI, because of all the different possibilities in work history and earnings.
 
"automatically denied" due to the fact I still manage to go to work- I also was going to work but was not able to do my job and had not for quite some time. It does seem that each person gets a different experience.
 
jim1960,

do you happen to know that reg. that states that OPM must retire you because you can no longer be in the guard?

golden-ang,

i went through through the same thing w/SS and got denied the 1'st time. i appealed which i suggest you do. i was denied again. then i got a SS lawyer in my state. wish i did that sooner. now i'm waiting for my hearing w/an admin. law judge. i would try to continue your claim and keep it going. the whole process take a long time so that's why i suggest to keep it open. once they finally approve you they will back pay you from the day of your initial claim. the lawyer gets paid directly from SS once your case is won. most states it 25% or it's capped out @ around $5-6 thousand dollars. as far as chossing a lawyer i would suggest doing your research locally to find someone that specializes in SS. i got my hearing date rather fast. my lawyer told me that 99% of his clients have been getting their hearing dates over a year after they appeal to the admin law judge. it took me 2 months to get my date (sept 2009). he was blown away. if you have any questions feel free to contact me @ any time. good luck!
 
Remember this applies to dual status Civil Service Technicians


the reg is
[FONT=&quot]TITLE 5 > PART III > Subpart G > CHAPTER 83 > SUBCHAPTER III > § 8337[/FONT]
(h) (2) (B)



[FONT=&quot]PUBLIC LAW 97 [/FONT][FONT=&quot]-[/FONT][FONT=&quot]253-SEPT. 8, 1982 DISABILITY RETIREMENT Sec 302 - Has some update [/FONT]


PL 110-181 SEC. 511 has the info to allow tec wounded in combat to stay in there tec job but I have not herd of this happening.
 
Robs,
Thanks! I do intend to appeal, but not until my FERS disability is complete. I expect that to happen in the next 2 to 4 weeks, well okay, maybe 6 weeks. I'm moving south to Washington State soon after my last day of employment. I'll take up the fight from there.

Besides the Cornell link provided by jim1960, you can also look for the Dual Status rule in the OPM regs:
CSRS/FERS Handbook
got straight to: Chapter 46; Special Retirement Provisions for Law Enforcement Officers, Firefighters, Air Traffic Controllers, and Military Reserve Technicians
Page 56.

jim1960,
how does receiving SSDI benefits affect counting your additional years of longevity until you turn 62?

Chuck,
are we helping you any at all?

-C
 
As far as I was told adn everything I have read SSDI benefits do not affect counting your additional years of longevity at all the two have nothing to do with each other.
 
jim1960,
Thanks, that was a question I forgot to ask my HRO retirement guy and it's been bugging me ever since I applied for SSDI.
-C
 
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