National Guard Dual Status Civilian Technicians

JefeP

PEB Forum Veteran
Registered Member
Hi All,

I noticed lately that there are several Dual Status technicians on this board. Apart from having to go through the normal process of MEB/PEB, we also have to go through the Technician Medical Retirement Process which at times can be just as frustrating as I have seen with co-workers. I figured we could use this thread as a means to share information on the process of medical retirement due to loss of Dual Status.

My time line begins this Tuesday, with a retirement Briefing and Application for immediate retirement.

If there is anyone further in the process, please shed some light on it, otherwise I will post as I receive information.

Regards,

JefeP
 

danieldresen

PEB Forum Veteran
Registered Member
If you are not in a board and NGB screwed you over, all you need is the medical separation order and in 90 days you will have a public law disability retirement. That's what happened to me.
 

danieldresen

PEB Forum Veteran
Registered Member
My timeline, filled out my packet august 15th, opm screwed up and forgot the public law waiver, December hits and OPM contacts me and after 5 days of chasing around separation orders, my ngb22, and my public law waiver after the medical side already approved regular disability retirement... I was retired. Sept 5th to Dec 9th... not too long
 

Vetinneed

Registered Member
Is there any issue with you receiving both a disability retirement from the military (since your condition is line of duty related) and a disability retirement from civil service (due to public law for lost of military affiliation for medical reasons)?

I have been searching and I cannot find anything that says you cannot receive both simultaneously. I would think you are entitled to both since these are two different entities from whom you work and each have their own separate and distinct disability retirement entitlements.
 

danieldresen

PEB Forum Veteran
Registered Member
There is no issue. You can receive both. The issue comes from earning more than 80% of your high 3 salary as a technician. In my case, I can work as long as I don't earn over 38,500 once my stuff is in remission. Well, C reactive test shows my inflammation is higher now than it was when I started on remicade... fun stuff. But no issues on the 2 retirements which is why I am fighting so hard for both. I will settle for IU or 100% from VA just so I can save money at the Commissary. Hate having to deal with the people at walmart. I live too close to the ghetto so walmart is just... bleh. The whole technician retirement process, besides the paperwork, is pretty simple. OPM does most of it so... make sure to keep in touch with them and ABC-C.
 

JefeP

PEB Forum Veteran
Registered Member
So, I can work and collect my tech retirement as long as I don't make 80% of my high 3 calculation? For me that would be quite a bit, I am a WS 10. Did you have to file a resume for PPP? Another employee at my facility had to put his resume out there for consideration for other fed jobs, he was told that there was almost no chance of finding him work at his rate in the geographical Area. I got a look at the application, it is a long form, I expect to be at HRO most of the day Tuesday.
 

danieldresen

PEB Forum Veteran
Registered Member
PPP wasn't even offered due to the review and complexity of the medical issues. They just said "medical has approved you, file is at DFAS and will take 9-12 months" that is when I flipped, found out my separation order was not even in the packet, and within 3 days, I was retired. Got paid a week later. Medical and admin already approved everything. I was just waiting on interim pay. PL disability retirements are processed faster because OPM and DFAS assumes you are on workers comp or some other income for the regular disability retirement. I spent days on hold with OPM... call bright and early. Its better. And yes, you can work and collect.

Restoration of Earning Capacity—
If you are a disability retiree under age 60, there is a limit on the amount you can earn from wages and self-employment and still be entitled to your annuity. Each year, OPM will send you a questionnaire in order to determine your earnings for the previous calendar year. If your earnings in any calendar year equal or exceed 80 percent of the current salary rate of the position from which you retired, your earning capacity will be considered restored. Even if there is no change in your medical condition, your disability annuity payments will stop six months from the end of the calendar year in which your earning capacity is restored or on the date you are reemployed in the Federal service, whichever occurs first. After you turn age 60, there is no restriction on the amount of wages or earnings from self-employment you may receive.

http://www.opm.gov/forms/pdfimage/sf3112-2.pdf
 

JefeP

PEB Forum Veteran
Registered Member
That's great info, thanks. I am heading in for my first meeting with HRO this morning. Hope to get a good idea of the
whole process.
 

Vetinneed

Registered Member
That's great info, thanks. I am heading in for my first meeting with HRO this morning. Hope to get a good idea of the
whole process.
Jeff. Please keep me informed on how things go on both the military side and the civilian HRO side. I'm just curious. Also are you ARNG or ANG or Reserves? How was it working through the MEB process? My understanding is that you must have an LOD in order for the MEB or VA to consider any claim. My problem is that my issues are related to back problems that I feel are due to many years of physical training, running, etc. It is hard to link that to a single event where I can say "this is when I got hurt." It is more of conditions that is caused over time (on and off of active duty, annual training, and in-active training orders). Also have hearing loss - again prolonged exposure working around aircraft for two decades. And again, I'm not sure about the LOD process because it isn't really due to one specific event. So I've never had a LOD. As you know Military Technicians often tend to keep quiet about our injuries or illnesses because we know it will cost us both our military position and our full-time civil service job. I'm not saying that is right, I'm just saying that is the reality.

Thanks.
 

danieldresen

PEB Forum Veteran
Registered Member
As of August last year, the NDR board can rule a condition duty related even without the LOD. An LOD would help though. As for the VA... you don't need an LOD. The one condition I do have an approved LOD for, the VA denied me compensation. Sleep apnea and chronic tonsillitis. I am rated 70% and retired civil service. NGB screwed me.
 

JefeP

PEB Forum Veteran
Registered Member
Vetinneed,


I am an ARNG Tech, I too kept quiet for years about my conditions even though I probably could have been collecting
VA comp all that time.. Didn't want to loose my job. Thank god I had medical documentation to back up my delayed claims.

I was on the other side of the coin, the PEB ruled my condition EPTS but Permanently aggravated by Service and gave me 30% for it since the VA had service connected it. It is easier to get a VA service connection then an approved LOD in most cases. But anything is possible as Daniel stated, the VA can deny something that has an LOD if the C&P examiner opines that it is not service connected. I filled out my SF3107 and SF3112 yesterday and sent it back for a good review by HRO. Also sent in other necessary Medical Documents and Marriage Certificate, have to go and have my wife sign the Spouse Consent form as I am not going to take the SBP on the Tech side, too expensive and not enough pay out. I was also told by the HRO Tech that I could apply for unemployment when I get my tech separation date, at this point they expect I should be done Technician by end of August or Beginning of September. Daniel, were you able to file for Unemployment? Not thinking it's for full benefit. I am sure the Technician will offset it some how.

Will try to keep this updated as I go.
 

JefeP

PEB Forum Veteran
Registered Member
danieldresden,

When did you file for SSA, It is required to have the submission number to submit your Tech Application. Did you do it before your military separation date of after? My HRO told me I should wait and do it the day I hit the PDRL. Just wondering if this is accurate?
 

danieldresen

PEB Forum Veteran
Registered Member
TECHNICALLY, according to the rules of SSA you are to file it once you fall below working substantive hours... Me, I was only working 15 hours a week with all my medical appointments, no leave left, no advanced leave, no donated leave, and a negative balance that would have left me (and did) no pay for my last 2 months. I filed in July. I technically could have filed in March when I was eligible for medi-cal and food stamps but it would have been that much harder of a battle. I would file once you have the 199 that says you are unfit or have an order if they are continuing you as a civilian for a brief period because... social security takes FOREVER and they WILL deny you first time around if you are younger than 50.
 

JefeP

PEB Forum Veteran
Registered Member
Daniel,

I am not expecting them to approve it, I am fit enough to do something. My HRO Is telling me I need to apply as part of the Disability Retirement under public law. I will get the 60/40% un-reduced because I will not qualify for social security. I take it you did qualify. I am going to apply later today online. I have my USAPDA Order in hand, I guess that is good enough.

Thanks for the info.
 

danieldresen

PEB Forum Veteran
Registered Member
No offense, but your HRO is stupid. You ONLY have to apply for social security for a regular disability retirement. Because I filed for social security, my disability packet was submitted as a regular disability which... would have been approved either way, but under regular disability you can return back to civil service and if you end up not being able to work, go right back on disability retirement. With a public law disability retirement you are prohibited from returning to the same agency that you were employed with so... you could work for the Navy, VA, or some other agency (not sure on those workings). If HRO wants it though, go through the motions but also call ABC-C and OPM once your packet leaves HRO. Make sure it is being processed as a public law disability retirement.
 

danieldresen

PEB Forum Veteran
Registered Member
The PDA order is good. That is what your state order will be generated from or... they will just code the PDA order.
 

JefeP

PEB Forum Veteran
Registered Member
Daniel,

Good info, that's what they told me. I have to apply for Immediate retirement and SSA but will be denied. They will then request the public law disability. Which will be approved. They gave me a 2 month timeline to hear back from OPM. I will make sure that anything that goes through is done proper.

Thanks,
 

danieldresen

PEB Forum Veteran
Registered Member
Yeah, mine got approved but I opted for the public law... something about needing money to pay for a mortgage...
 

Vetinneed

Registered Member
As of August last year, the NDR board can rule a condition duty related even without the LOD. An LOD would help though. As for the VA... you don't need an LOD. The one condition I do have an approved LOD for, the VA denied me compensation. Sleep apnea and chronic tonsillitis. I am rated 70% and retired civil service. NGB screwed me.
So let me get this straight. You had an LOD that stated you have medical conditions in the "line of duty." Those medical conditions led to you being found "unfit" for continued military service in the Reserve Component. Those same medical conditions were rated at 70% by the VA....and yet you were not medically retired with retired pay from the Army? How on earth can they justify that? Sounds against the law to me according to 10 USC, Chapter 61 ss 1401. Also you said that NGB screwed you. What did NGB have to do with any of this? I thought the DES process was entirely an Active Duty process. If you were on some form of Active Duty (title 10 or 32) when you became injured, ill, sick, or diseased, then I don't see how NGB has any dog in the fight.
 
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