Are you FERS or CSRS? I was on FERS. I know a guy that was a tech and is on disability retirement since 09, and no job has been offered to him. I was aviation so I can’t tell if your HRO could have another place for you to work in the agency. You should ask your HRO, there the ones who will tell OPM that there is no position for you
Title 32 Technician Medical Retirement Scenarios (Please limit posts to "Technician Medical Retirements")
- Thread starter justamarty
- Start date
it has to be same job correct? at same pay?
also, what happens if I move out of the commuting area after disability retirement?
From what I was told close to what your job was and around the same pay.
Idk this one, HR should know.
Huh they never told me about that. I've never talked with anyone who medically retired and they found a different position for them. I was told every few years on normal medical retirement they may require medical records showing the condition has not improved. The process for me was completed end of last September and back paid to January 2022, no one from the federal government has offered me a job though PPP.
After the denial they sent this letter had I fought this denial and went for the disability retirement I wouldn't have gotten the special provisions retirement. Special provisions you only need to show OPM the military let you go for not being retained due to medical conditions. Disability retirement you have to prove you can't do your job due to medical conditions. That makes it more difficult to obtain and in my opinion not as good. Disability retirement they are supposed to show they tried to accommodate due to the illness.
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thanks for that Jmc81.....so you need to send the signed statement for PL-97-253 with the Normal Disability application?
Yup....I just sent letter to Attorney letting her know that more than likely, I will be turned down and I want my PL 97-253 waiver of reconsideration and appeal rights memo to go with my normal disability package. I do not want to give up on this to go and sit at the MSPB for a 5 year backlog of claims.....
OPM and army benefits center needed the military orders stating I was being retired from the military due to not meeting medical retention status which is the driving factor for the special provisions. Along with the other forms that HR has you fill out that document medical conditions.
Do you have a sample form for the pl 97-253?
The PL 97-253 is regulations that guide OPM on what to do. As far as I know there is no form. But something to think about is you might be eligible for the FERS annuity supplement. That supplement pay a percentage of what you would get from social security. That is if you don't go the disability route. It might actually pay you more I'm not sure.
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I don't qualify fore the MRT early retirement, they are trying to give me regular DSR since I have 20 years with military buy back, but I'm submitting for disability (which they will deny because of the qualification for DSR) but that is when I plan to submit for the special guard technician disability. I will make way more on disability than DSR with annuity...when I hit 56 and 8 months...
So is there a "Use It or Lose It" time frame for Public Law 97-253? I talked to my case manager from Harris Law firm and they stated that there is one appeal at OPM after the first rejection of a normal Disability Retirement and after the second rejection we could use the PL 97-253 route....only problem I told them is that if I'm in a bad situation, that I wanted to apply for 97-253 right after the first rejection and that I could not wait another 6 month to get a decision.
When I went the public law route it was with HR. They had me sign a form waiving my right to appeal disability retirement to go straight to the public law after the DR denial. I had a hard time doing that but I just praying that HR was right. I don't know that you should do that in your circumstance you may have to go for DR.
I'm trying to determine if its worth pursing a medical retirement vs the non-duty related PEB i am being referred. I am a dual status that will qualify for the 60/40. I could probably appeal the non-duty status since I have 90% through VA. However, is it worth fighting for a retirement over a separation if I already have 90% VA and will incur a 60/40?
Not appealing will expedite things. I'm trying to identify the benefits of duty related at this point.
Not appealing will expedite things. I'm trying to identify the benefits of duty related at this point.
There are a lot of variables but 99% of the time a military medical retirement is worth fighting for. Getting the tricare will save you so much money. I got military medical separation with severance and since my injuries were combat related I didn't have to pay taxes and there isn't any VA offset. It ended up being around $70,000. The medical unit originally tried to give me nothing.
Like Josh said it probably worth it to try to get the medical retirement. I also had 90 % VA and they still denied that it was linked to service. I was in a bad situation and it was literally taking me years to get out so I just took non duty medical because didn't get much of a choice. Dual status means you will be medically retired from you tech side and you get health insurance. So you lose few thousand a year from that. Overall still I a good position. I'm trying to do the board of military records correction to change it to medical but when I email my paperwork I never receive confirmation. So you could always do it that way although it's not working for me.
It's 100% worth going for the medical retirement. Knowing that you will always have Tricare for you and your family for the rest of your life is enough. You may not think it's worth it now but you never know what the future may hold. I was 100%P&T VA and all I got was 30% PDRL but that was all I needed so I didn't fight any of the other disabilities that they denied me. It may take a little longer and possibly be more of a fight but in my opinion it's completely worth it in the long run. Fight for what you have earned, don't just settle to get it over with. Good luck to you...
Also, if 30% PDRL or higher that is your compensation floor. Lets say the VA changed your rating to 0%. You wouldn't get any VA compensation but you will ALWAYS get your chapter 61 pension. So even though your entire pension is offset by VA compensation at least there is a minimum guaranteed amount you will get for the rest of your life.