tdiu Federal Disability /100% Va

[sbrewer]

My husband is currently 100% TDIU and receives disability retirement from Federal Service. He applied for SS and was turned down. He called OPM, and was told that if he is turned down for SS then his federal disability retirement would not change. It was suppose to be as follows...First yr. Federal Disability keeps 100% SS and after the first yr., the federal would be reduced and also keep 60% of the SS...

Question..If he does not receive SS disability, does the federal retirement, after the first yr., stay as it is currently or is it still reduced?

Thanks,

sbrewer

[jessejames]

Is his federal Disability under Civil Service or FERS?

[sbrewer]

This is under FERS.

sbrewer

[stevedenesha]

60% average high 3 years pay first year and

40% average high 3 years pay 2nd year until 62nd birthday

I already answered this on another board. Why not give some time before asking the same question in multiple places?

Steve

Edited June 29, 2007 by stevedenesha

[jessejames]

I was approved for Civil Service Disability, OWCP, and Social Security Disability at the same time, so I had to choose between the Civil Service and OWCP. I could NOT draw any Social Security Disabilty because even though I had sufficient Quarters under Social Security, they were not enough current Quarters. I only applied to get the free Medicare Part A. So........I don't know much about FERS, but maybe this will help.

I did not pay attention to the FACT that you said he had been turned down for Social Security! I don't know the rules on this...but I thought FERS and Social Security were somehow put together in the plan when the government changed in 83 or 84 from Civil Service to FERS???

http://www.opm.gov/fers_election/fersh/h_dis61.htm

During your first year of disability, FERS will pay you 60% of your high-3 average salary minus 100% of an approximation of any Social Security benefit for which you qualify. No COLA's will be paid during this year.

(Note that Social Security disability payments and the reduction in your FERS benefit will not begin until 5 months after you qualify for Social Security disability. You will receive full FERS benefits during this period.)

During your second and any future years until age 62, your basic FERS benefit will amount to 40% of your high-3 salary. If you are entitled to Social Security disability benefits, your FERS annuity will be reduced by 60% of the approximate amount of your Social Security benefit. COLA's match the inflation rate if it is 2% or less. If the inflation rate is more than 3%, the COLA will be 1% less than the inflation rate.

The total FERS and Social Security benefit you receive will be equal to at least 40% of your high-3 salary plus 40% of your Social Security disability benefits. You may also get your Thrift Savings Plan account when you become disabled.

Your basic FERS disability benefit will be recomputed at age 62. At that time, you will receive your accrued FERS retirement benefit. In this case your accrued FERS benefit would be based on years of service that include the time you were receiving disability benefits. Also, the average salary used would be based on what you were earning at the time you became disabled, increased by all cost-of-living adjustments under FERS during that period.

Edited June 29, 2007 by jessejames

[sbrewer]

Thanks Jesse. I knew the 60/40 rule, but the lady on the phone today at OPM said there would be no change. So, this was what through us.

Steve,

I ask the question in two different forums, because not everyone visits both forums. I asked in two forums, because I know there are federal retired people in both forums and I wanted to hear if anyone knew if this lady knew what she was talking about!

Furthermore, you did not have to answer in both forums!

sbrewer

[Pete53]

It is ok to ask any question that pertains to disability in this forum. A lot of people including myself do not go to other forums. If the question helps one Veteran it is a good question. If you go to more than one forum you can expect to see some carryover.