public law 97-253, 60/40 disability retirement.

surfnut19

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I was a dual status technician in the Florida Air National Guard -FANG-. My pay grade was a WG10 step 5. I was medically injured on the military side of the house, durning the time of injury. The civilian side forced me to take a chance to lower pay grade. From a WG10 step 5 to WG5 step 5 due to the injuries. I received a medical separation from service, over 14 of service. Then I was disability retired under public law 97-253 AKA 60/40 retirement. Durning the out processing for this retirement HQ processed me out as a WG5 step 5 not a WG10 step 5. the WG10 step 5 pay grade is what is was, complying with conditions of employment at the time of injury. Has anyone ever been able to there pay grade return back the pay grade at the time of injury.
Steps taken
1- talked to OPM - Office of Personal Management - they told me to have to correction done with the Florida National Guard.
2- Florida national guard did a management review and said they will not return me back to my pay grade that I had at the time of injury.
 

chaplaincharlie

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Based on #2 above, I recommend you hire an attorney. It sounds like you may have to sue to get your WG10 reinstated. An attorney would be able to provide an asseesment of your complete situation.

www.peblawyer.com
 

AnAmericanAirman

PEB Forum Regular Member
PEB Forum Veteran
Are you questioning the final pay or the final grade when you retired for disability from the civilian side?

i was an AF Reservist that was retired as a result of an IDES MEB. I was also a GS civilian employee for the AF, but not a technician. At the conclusion of the MEB I had to apply for an OPM disability retirement because I could no longer perform my civilian job.

I was approved for the disability retirement. There was no other job that was available on the base or commuting area that was comparable to my grade/pay.

I was retired at the current grade and at the high 3 average.
 

MTNroads

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I am also a long time federal technician and medically retiring under the same circumstances as you. It is very unusual that your state was able to reduce your pay grade from WG-10 to WG-05 permanently. Even if you were just moved temporarily into a WG-05 light duty position you still should have been in a safe pay/ safe grade status for up to two years. I encourage you to contact your state Human Resource Officer to have it fixed and to get an explanation. If you run into problems getting it fixed you should contact JAG or your AFGE union rep as they will be interested in this as well.
 

surfnut19

PEB Forum Regular Member
Registered Member
I am also a long time federal technician and medically retiring under the same circumstances as you. It is very unusual that your state was able to reduce your pay grade from WG-10 to WG-05 permanently. Even if you were just moved temporarily into a WG-05 light duty position you still should have been in a safe pay/ safe grade status for up to two years. I encourage you to contact your state Human Resource Officer to have it fixed and to get an explanation. If you run into problems getting it fixed you should contact JAG or your AFGE union rep as they will be interested in this as well.
durning my time of injury. I was management moved out of my shop/the job I was hired for and placed into a different section with job duties. With this move, later i was a force to choose either 1- change to lower grade 2- leave without pay 3. to resign from employment. if I did not choose I will be terminated. the 125TH Fight Wing Jacksonville Fl told me "they would not be offering to keep me in my same pay grade, no option for that".
 

surfnut19

PEB Forum Regular Member
Registered Member
I am also a long time federal technician and medically retiring under the same circumstances as you. It is very unusual that your state was able to reduce your pay grade from WG-10 to WG-05 permanently. Even if you were just moved temporarily into a WG-05 light duty position you still should have been in a safe pay/ safe grade status for up to two years. I encourage you to contact your state Human Resource Officer to have it fixed and to get an explanation. If you run into problems getting it fixed you should contact JAG or your AFGE union rep as they will be interested in this as well.
The sad thing is i was moved to a different shop with a new duties but all the physical requirement for the new job where the same as my old one for the most part and all line out -as in does not apply- but my physical position in my old shop was still slotted for me they could not fill it until I returned or released from employment.
 

surfnut19

PEB Forum Regular Member
Registered Member
Based on #2 above, I recommend you hire an attorney. It sounds like you may have to sue to get your WG10 reinstated. An attorney would be able to provide an asseesment of your complete situation.

www.peblawyer.com
i have tried calling around for one. no one specialize in this area. only 1 attorney said he could try and i would need 20 thousand up front. and i was told that it would have to go to federal court and the upfront
 

surfnut19

PEB Forum Regular Member
Registered Member
Are you questioning the final pay or the final grade when you retired for disability from the civilian side?

i was an AF Reservist that was retired as a result of an IDES MEB. I was also a GS civilian employee for the AF, but not a technician. At the conclusion of the MEB I had to apply for an OPM disability retirement because I could no longer perform my civilian job.

I was approved for the disability retirement. There was no other job that was available on the base or commuting area that was comparable to my grade/pay.

I was retired at the current grade and at the high 3 average.
there was nothing for me to transfer too. i am asking if anyone knows of someone that has been able to get there pay grade back.
 

Goonie

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i have tried calling around for one. no one specialize in this area. only 1 attorney said he could try and i would need 20 thousand up front. and i was told that it would have to go to federal court and the upfront

Did you try Harris Federal or Tully Rincky? I'm planning to apply for FERS disability and they are national firms. I'm leaning towards Harris Federal right now.
 

FTP

PEB Forum Regular Member
Registered Member
If you received Federal Technician disability and then get approved for SSDI can you still keep your FEHB?
 

Dodger70

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As a federal employee myself I would tell you to find an Attorney who specializes in Federal Employee issues. The law on federal employees is complex and to do a grade reduction like that it is quite possible that they failed to follow the law. In my experience with people who have worked for me went out on disability/injury nobody was ever reduced in grade in fact all they had to do was a request a Reasonable Accommodation and we adjusted their work to fit their restrictions. Just like when you have MEB issues you want an attorney practices in this area exclusively.
 
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