Serious Unable, I'm Disabled - Medical Retirement

[Unable_IM_Disabled]

Let’s stop pretending.

This job is breaking people.

The FAA and the current Administration have stretched this workforce to its limits — understaffed, overworked, pushed until our bodies fail and our minds fracture — and most recently had the gall to brand those of us who took time off for medical reasons "unpatriotic." They demand perfection while giving us scraps. They preach “safety culture” while fueling the very conditions that destroy it.

And now we’re seeing the consequences in the most horrifying way possible. Across the country, controllers are sinking into burnout, depression, and exhaustion. We’re seeing colleagues crumble under the pressure — and far too many never come back from it. Very recently, we lost a controller in Seattle, another life pushed past the breaking point by a system that refuses to acknowledge the damage it causes.

These aren’t “incidents.”
These aren’t “regrettable outcomes.”
These are the failures of an Agency that refuses to care for the people who hold up the entire National Airspace System.

And here’s the bitter truth the FAA will never say out loud: They will drain you until you’re empty, and then they will replace you without a moment’s hesitation with someone willing to do your job for less money. To those of us hoping for raises... the harsh reality is that the chance of that happening is almost nonexistent.

So stop sacrificing yourself for an Agency that treats you as disposable. Protecting your life and your future is not selfish. It is the smartest, strongest move you can make, and it might be the decision that keeps you from becoming one more tragedy in a profession already carrying far too many.

The winning move that prioritizes your health is Medical Retirement.

Choosing to leave this career on medical grounds can mean:

• Finally reclaiming your peace after years of unrelenting stress
• Freeing yourself from forced overtime and unhealthy shift work
• Moving somewhere you WANT to live, not where you were ordered to stay
• Rebuilding the parts of yourself this career has eroded
• Sending the FAA the only message they understand: "If you don’t value controllers, you won’t have controllers.”

If your health is deteriorating — mentally, physically, or both— then stop letting this job grind you into dust. Medical retirement exists for a reason, and it’s there for people who have been harmed by the nonstop pressure, fatigue, and abuse baked into this career. Remember: stepping away is self-preservation, the one act of resistance this system can’t ignore.

Too many controllers suffer in silence because the medical retirement process looks deliberately murky, confusing, and intimidating — almost as if it’s designed to scare you off. But with the right guidance, the path is far more straightforward than they want you to believe. Yes, it takes time, but it is absolutely doable. There are law firms that offer free consultations, charge reasonable fees, and actually know how to navigate this beast. You owe it to yourself to talk to them, ask questions, and find out exactly what your options are.

When you finally reach that moment —when your body or mind says “enough is enough"— and this failed Agency continues to demand more from you, let this be your answer:

“Unable, I am disabled."

Not because you’re defeated, but because you refuse to be the clown in the circus they created.

On this day of celebration, be thankful for the health you still have and do what you must to preserve it. You owe the FAA nothing. You owe your health everything.

Medical retirement is not surrender: it is a refusal to be destroyed.

 

[GroundClutter]

I just don't want to hose my chances of flying after this either for funsies or for employment since it's the only thing I'd want to realistically do.

 

[GulfBravoPapa]

Or use EAP before you get to this point and take care of yourself from the get go.

 

[Dolan]

I just don't want to hose my chances of flying after this either for funsies or for employment since it's the only thing I'd want to realistically do.

There are certain types of flying you can do without a medical. Not a lot though

Anyone have experience getting disability retirement under the current admin? I've read they will fight any and all applications tooth and nail.

 

[GulfBravoPapa]

There are certain types of flying you can do without a medical. Not a lot though

Anyone have experience getting disability retirement under the current admin? I've read they will fight any and all applications tooth and nail.

My friend medically retired last week.

 

[Shikaka]

There are certain types of flying you can do without a medical. Not a lot though

Anyone have experience getting disability retirement under the current admin? I've read they will fight any and all applications tooth and nail.

Dude got his dick stuck in a toaster at work, they still denied it.

 

[Billybob]

Let’s stop pretending.

This job is breaking people.

The FAA and the current Administration have stretched this workforce to its limits — understaffed, overworked, pushed until our bodies fail and our minds fracture — and most recently had the gall to brand those of us who took time off for medical reasons "unpatriotic." They demand perfection while giving us scraps. They preach “safety culture” while fueling the very conditions that destroy it.

And now we’re seeing the consequences in the most horrifying way possible. Across the country, controllers are sinking into burnout, depression, and exhaustion. We’re seeing colleagues crumble under the pressure — and far too many never come back from it. Very recently, we lost a controller in Seattle, another life pushed past the breaking point by a system that refuses to acknowledge the damage it causes.

These aren’t “incidents.”
These aren’t “regrettable outcomes.”
These are the failures of an Agency that refuses to care for the people who hold up the entire National Airspace System.

And here’s the bitter truth the FAA will never say out loud: They will drain you until you’re empty, and then they will replace you without a moment’s hesitation with someone willing to do your job for less money. To those of us hoping for raises... the harsh reality is that the chance of that happening is almost nonexistent.

So stop sacrificing yourself for an Agency that treats you as disposable. Protecting your life and your future is not selfish. It is the smartest, strongest move you can make, and it might be the decision that keeps you from becoming one more tragedy in a profession already carrying far too many.

The winning move that prioritizes your health is Medical Retirement.

Choosing to leave this career on medical grounds can mean:

• Finally reclaiming your peace after years of unrelenting stress
• Freeing yourself from forced overtime and unhealthy shift work
• Moving somewhere you WANT to live, not where you were ordered to stay
• Rebuilding the parts of yourself this career has eroded
• Sending the FAA the only message they understand: "If you don’t value controllers, you won’t have controllers.”

If your health is deteriorating — mentally, physically, or both— then stop letting this job grind you into dust. Medical retirement exists for a reason, and it’s there for people who have been harmed by the nonstop pressure, fatigue, and abuse baked into this career. Remember: stepping away is self-preservation, the one act of resistance this system can’t ignore.

Too many controllers suffer in silence because the medical retirement process looks deliberately murky, confusing, and intimidating — almost as if it’s designed to scare you off. But with the right guidance, the path is far more straightforward than they want you to believe. Yes, it takes time, but it is absolutely doable. There are law firms that offer free consultations, charge reasonable fees, and actually know how to navigate this beast. You owe it to yourself to talk to them, ask questions, and find out exactly what your options are.

When you finally reach that moment —when your body or mind says “enough is enough"— and this failed Agency continues to demand more from you, let this be your answer:

“Unable, I am disabled."

Not because you’re defeated, but because you refuse to be the clown in the circus they created.

On this day of celebration, be thankful for the health you still have and do what you must to preserve it. You owe the FAA nothing. You owe your health everything.

Medical retirement is not surrender: it is a refusal to be destroyed.

 

[GulfCharlie]

I encourage people to check out other jobs in the Agency... A lot more are open than you think.

 

[Dogbirddingo]

I encourage people to check out other jobs in the Agency... A lot more are open than you think.

Can you show me? I’m assuming it’s from the shutdown, but I see very little open in the agency right now.

 

[Bandit117]

Can you show me? I’m assuming it’s from the shutdown, but I see very little open in the agency right now.

Right now is not the best time, since there’s a lot of departments and orgs that are hurting bad, but everything except 2152 and tech ops are on a hiring freeze. Orgs can’t advertise vacancies since they aren’t allowed to hire BUT if you have to get placed into something bc you lose your medical, they are supposed to take those jobs into consideration and you can be placed in one of them there, reassignment overrides the hiring freeze.

 

[Unable_IM_Disabled]

[...] if you have to get placed into something bc you lose your medical, they are supposed to take those jobs into consideration and you can be placed in one of them there, reassignment overrides the hiring freeze.

Employees who apply for disability retirement cannot be involuntarily placed into a different position (series or pay grade) without their consent—and in many cases, it is not in their best interest to agree. For example, consider a senior controller in a high cost-of-living area earning the federal pay cap ($225,700 base). If the agency offered an administrative job at $85,000—assuming the employee even meets the qualifications—why would anyone accept such a drastic pay cut when disability retirement would pay more?

Under disability retirement, the employee would receive 60% of their high-three for the first year and 40% thereafter. On top of that, they could work in the private sector and earn up to 80% of their salary at the time of retirement (adjusted yearly for inflation)—currently $180,560—without impacting their annuity. They also retain FEHB coverage and continue accruing service time until age 62, making them eligible for Vision 100 retirement rules.

At age 62, disability payments stop and are replaced with a recalculated FERS annuity. The high-three used at the time of initial disability retirement is recalculated by adding yearly increases for all the years between disability retirement and age 62. The final annuity is then calculated using a 1.7% multiplier for all years of service between EOD and age 62 (including disability retirement years). This typically results in a higher annuity than a comparable employee under a standard FERS retirement, though there are tradeoffs as discussed below.

EDIT:
Please be aware of the difference between earned and unearned income. Wages, tips, income deriving from a business venture, self employment, etc. is considered earned income and will count towards the 80% limit discussed above.

On the other hand unearned income does not count towards that limit. Rental properties with long-term tenants (as opposed to those, such as AirBnbs, where hotel-like services are actively provided), earned interest, gambling and/or, lottery winnings, capital gains of any kind (stocks, cryptocurrency, real estate, etc.) do not count towards that limit.

Pros & Cons of Disability Retirement​

Cons​

Loss of the FERS Supplement:
A disability retiree does not receive the FERS supplemental payment that a regular retiree (special provision) would receive between their regular retirement date and age 62. This can amount to hundreds of thousands of dollars over time. However, this may be offset by the higher annuity after age 62 and the stronger income position during the initial disability period (60% during the first year on disability vs 40% during the first year on regular retirement).

Restricted TSP Access:
Disability retirees generally cannot access TSP funds without a 10% early withdrawal penalty until age 59½. There is an exception for those deemed totally and permanently disabled under strict IRS criteria, but this is difficult to qualify for. On the positive side, leaving TSP untouched gives the account more time to grow before withdrawal.

Pros​

Significant post-retirement earning potential:
Unlike regular retirees, disability annuitants can work in the private sector and earn up to 80% of their pre-retirement salary (inflation-adjusted) without any reduction in benefits. This can be a major financial advantage.

Higher Income and Improved Quality of Life
The potential for a higher combined income, a significant improvement in quality of life and work-life balance, the ability to relocate closer to family, the flexibility to pursue more fulfilling job opportunities in the private sector, or even simply move to a more desirable location—without being constrained by your current facility or continually frustrated by the absurd NCEPT process.

Anyone have experience getting disability retirement under the current admin? I've read they will fight any and all applications tooth and nail.

Yes, under the current administration a higher-than-usual number of disability retirement applications are being denied upon initial submission, and also after the initial appeal. These two initial steps are handled by OPM. After the second denial, an appeal can be filed with the Merits System Protection Board, followed by a petition for review to the full Board, and finally an appeal to the U.S. Court of Appeals for the Federal Circuit.

Realistically, once the case progresses beyond OPM and enters judicial review, however, applicants are nearly guaranteed approval. One highly-regarded law firm specializing in FERS disability retirement has reported an overall success rate of over 99%, but occasionally that requires an appeal to the MSPB (which is included in their flat-fee rate). There have been a number of cases where OPM doesn't even attempt to defend the case before the MSPB, and ends up just approving it shortly before the MSPB hearing.

Of course all these appeals take time, and employees will often find themselves in a position where they don't have any income for months. This is very stressful and a big hurdle, however once approved the disability annuity will be retroactive to the first day the employee started using LWOP after exhausting all paid leave. One year after an employee loses their medical certification, the agency will typically initiate a removal action based on medical inability to perform the essential duties of their position. This triggers the Bruner Presumption, a legal principle that applies in disability retirement cases. While the Bruner Presumption does not automatically guarantee approval, it massively strengthens the applicant's case by effectively shifting the burden of proof. Under this presumption, it is presumed that the employee is unable to continue working due to a medical condition, unless OPM can provide compelling evidence to the contrary.

As a result, the chances of approval are substantially high, which helps explain the reported 99% success rate of the law firm specializing in FERS disability retirement cases. This illustrates that the trend you characterize as fighting any and all applications tooth and nail is primarily a strategy to delay the process and frustrate the applicant, with the hope that they will abandon the pursuit of their disability claim and not proceed with an appeal to the MSPB.

There are certain types of flying you can do without a medical. Not a lot though

To exercise sport pilot privileges using a current and valid U.S. driver’s license as evidence of qualification, sport pilots must:

Not have been denied the issuance of at least a third-class airman medical certificate (if they have applied for an airman medical certificate) Not have had their most recent airman medical certificate revoked or suspended (if they have held an airman medical certificate)

An ATC medical certificate is essentially equivalent to a Class 2 airman medical certificate. Once the ATC medical is revoked as part of a disability retirement, the individual will likely no longer be eligible to fly, even with just a driver's license.

It’s important to understand that if you proceed with disability retirement, your flying days may come to an end. Make sure you are at peace with that possibility before moving forward.

View attachment 10197

While I appreciate the humor, it’s important to emphasize that the content of my initial post is highly relevant—especially given the current challenges in our profession and the recent tragedy involving one of our colleagues.

My goal is to educate, provide thoughtful insights, and demystify a frequently overlooked option: medical retirement. The latter is often surrounded by confusion within the workforce, and I hope to bring clarity.

I respectfully invite you to challenge or disprove any of the claims or findings I’ve presented on this subject. I welcome your -and others'- contribution to this important topic.

My understanding comes from conversations with a number of attorneys specializing in this area of the law. I am simply sharing the knowledge I have gathered through that process. However, I strongly encourage everyone to never rely solely on information found on forums—whether from individuals, bots, or AI-generated content. Pick up the phone, schedule a free consultation, and verify your facts thoroughly.

 

[Cpt_munky]

Dude got his dick stuck in a toaster at work, they still denied it.

How the fuck you gonna type some shit like that and not elaborate?

 

[Shikaka]

How the fuck you gonna type some shit like that and not elaborate?

Sorry, it's because it was his toaster that he brought, so it wasn't technically work related.

 

[Move78]

Employees who apply for disability retirement cannot be involuntarily placed into a different position (series or pay grade) without their consent—and in many cases, it is not in their best interest to agree. For example, consider a senior controller in a high cost-of-living area earning the federal pay cap ($225,700 base). If the agency offered an administrative job at $85,000—assuming the employee even meets the qualifications—why would anyone accept such a drastic pay cut when disability retirement would pay more?

Under disability retirement, the employee would receive 60% of their high-three for the first year and 40% thereafter. On top of that, they could work in the private sector and earn up to 80% of their salary at the time of retirement (adjusted yearly for inflation)—currently $180,560—without impacting their annuity. They also retain FEHB coverage and continue accruing service time until age 62, making them eligible for Vision 100 retirement rules.

At age 62, disability payments stop and are replaced with a recalculated FERS annuity. The high-three used at the time of initial disability retirement is recalculated by adding yearly increases for all the years between disability retirement and age 62. The final annuity is then calculated using a 1.7% multiplier for all years of service between EOD and age 62 (including disability retirement years). This typically results in a higher annuity than a comparable employee under a standard FERS retirement, though there are tradeoffs as discussed below.

​

Pros & Cons of Disability Retirement​

Cons​

Loss of the FERS Supplement:
A disability retiree does not receive the FERS supplemental payment that a regular retiree (special provision) would receive between their regular retirement date and age 62. This can amount to hundreds of thousands of dollars over time. However, this may be offset by the higher annuity after age 62 and the stronger income position during the initial disability period (60% during the first year on disability vs 40% during the first year on regular retirement).

Restricted TSP Access:
Disability retirees generally cannot access TSP funds without a 10% early withdrawal penalty until age 59½. There is an exception for those deemed totally and permanently disabled under strict IRS criteria, but this is difficult to qualify for. On the positive side, leaving TSP untouched gives the account more time to grow before withdrawal.

Pros​

Significant post-retirement earning potential:
Unlike regular retirees, disability annuitants can work in the private sector and earn up to 80% of their pre-retirement salary (inflation-adjusted) without any reduction in benefits. This can be a major financial advantage.

Higher Income and Improved Quality of Life
The potential for a higher combined income, a significant improvement in quality of life and work-life balance, the ability to relocate closer to family, the flexibility to pursue more fulfilling job opportunities in the private sector, or even simply move to a more desirable location—without being constrained by your current facility or continually frustrated by the absurd NCEPT process.




Yes, under the current administration a higher-than-usual number of disability retirement applications are being denied upon initial submission, and also after the initial appeal. These two initial steps are handled by OPM. After the second denial, an appeal can be filed with the Merits System Protection Board, followed by a petition for review to the full Board, a lawsuit in Federal court, and potentially an appeal with the Federal appeals court.

Realistically, once the case progresses beyond OPM and enters judicial review, however, applicants are nearly guaranteed approval. One highly-regarded law firm specializing in FERS disability retirement has reported an overall success rate of over 99%, but occasionally that requires an appeal to the MSPB (which is included in their flat-fee rate). There have been a number of cases where OPM doesn't even attempt to defend the case before the MSPB, and ends up just approving it shortly before the MSPB hearing.

Of course all these appeals take time, and employees will often find themselves in a position where they don't have any income for months. This is very stressful and a big hurdle, however once approved the disability annuity will be retroactive to the first day the employee started using LWOP after exhausting all paid leave. One year after an employee loses their medical certification, the agency will typically initiate a removal action based on medical inability to perform the essential duties of their position. This triggers the Bruner Presumption, a legal principle that applies in disability retirement cases. While the Bruner Presumption does not automatically guarantee approval, it massively strengthens the applicant's case by effectively shifting the burden of proof. Under this presumption, it is presumed that the employee is unable to continue working due to a medical condition, unless OPM can provide compelling evidence to the contrary.

As a result, the chances of approval are substantially high, which helps explain the reported 99% success rate of the law firm specializing in FERS disability retirement cases. This illustrates that the trend you characterize as fighting any and all applications tooth and nail is primarily a strategy to delay the process and frustrate the applicant, with the hope that they will abandon the pursuit of their disability claim and not proceed with an appeal to the MSPB.



To exercise sport pilot privileges using a current and valid U.S. driver’s license as evidence of qualification, sport pilots must:

Not have been denied the issuance of at least a third-class airman medical certificate (if they have applied for an airman medical certificate) Not have had their most recent airman medical certificate revoked or suspended (if they have held an airman medical certificate)

An ATC medical certificate is essentially equivalent to a Class 2 airman medical certificate. Once the ATC medical is revoked as part of a disability retirement, the individual will likely no longer be eligible to fly, even with just a driver's license.

It’s important to understand that if you proceed with disability retirement, your flying days may come to an end. Make sure you are at peace with that possibility before moving forward.





While I appreciate the humor, it’s important to emphasize that the content of my initial post is highly relevant—especially given the current challenges in our profession and the recent tragedy involving one of our colleagues.

My goal is to educate, provide thoughtful insights, and demystify a frequently overlooked option: medical retirement. The latter is often surrounded by confusion within the workforce, and I hope to bring clarity.

I respectfully invite you to challenge or disprove any of the claims or findings I’ve presented on this subject. I welcome your -and others'- contribution to this important topic.

My understanding comes from conversations with a number of attorneys specializing in this area of the law. I am simply sharing the knowledge I have gathered through that process. However, I strongly encourage everyone to never rely solely on information found on forums—whether from individuals, bots, or AI-generated content. Pick up the phone, schedule a free consultation, and verify your facts thoroughly.

This is best post in the history of this board.

 

[blarg]

At age 62, disability payments stop and are replaced with a recalculated FERS annuity. The high-three used at the time of initial disability retirement is recalculated by adding yearly increases for all the years between disability retirement and age 62. The final annuity is then calculated using a 1.7% multiplier for all years of service between EOD and age 62 (including disability retirement years). This typically results in a higher annuity than a comparable employee under a standard FERS retirement, though there are tradeoffs as discussed below.

Wow, this is impressive. I knew the annuity was recalculated at 62, but didn't realize they took your high three at retirement and scaled it up as if it had continued to increase over the years from retirement-> 62 as if you had kept working that whole time. I thought they just kept the initial amount. That will absolutely give you a higher pension. Is there documentation on how they do this? Do they use the FERS COLAs from all those years?

With a higher pension it's easier to not take social security immediately at 62 also increasing the amount you eventually get when you do claim it. Assuming you can survive or earn enough additionally until that point.

To clarify - the 40% you're earning until 62 is a flat amount and does not get scaled up correct?

edit- I think your social security would be lower from earning less over the medical retirement years, unless you earn enough additional income over that time frame. How much is the question. Lots of variables.

 

[Shikaka]

This is best post in the history of this board.

I'm not pretending like I'm offended at how you didn't like my toaster post.

 

[Spoony90]

I'm not pretending like I'm offended at how you didn't like my toaster post.

Is toaster code name for a female co worker?
Y’all call her toaster cause once you stick it in, it burns?

 

[blarg]

Wow, this is impressive. I knew the annuity was recalculated at 62, but didn't realize they took your high three at retirement and scaled it up as if it had continued to increase over the years from retirement-> 62 as if you had kept working that whole time. I thought they just kept the initial amount. That will absolutely give you a higher pension. Is there documentation on how they do this? Do they use the FERS COLAs from all those years?

With a higher pension it's easier to not take social security immediately at 62 also increasing the amount you eventually get when you do claim it. Assuming you can survive or earn enough additionally until that point.

To clarify - the 40% you're earning until 62 is a flat amount and does not get scaled up correct?

edit- I think your social security would be lower from earning less over the medical retirement years, unless you earn enough additional income over that time frame. How much is the question. Lots of variables.

following up myself, I don't think you get recalculated at 62 under vision100. I think you have to retire as a controller and get the 1.7% for only years worked as a controller, not on medical retirement. but these laws are complicated so I'm not entirely sure.

 

[Unable_IM_Disabled]

I knew the annuity was recalculated at 62, but didn't realize they took your high three at retirement and scaled it up as if it had continued to increase over the years from retirement-> 62 as if you had kept working that whole time.

Not only will the high-three continue to increase each year during the period spent on disability retirement, but when the disability annuity is recalculated at age 62, all years—both service years and years spent on disability retirement—will be credited at 1.7%. This contrasts with the regular FERS retirement system, where the first 20 years are credited at 1.7%, but each subsequent year is credited at just 1%, unless you continue working until your Minimum Retirement Age (MRA). For most, that’s age 57, which is not easily attainable unless you either receive an age waiver or take on an OM job… but I won’t complicate things by diving into that for now.

This means that for an ATC hire at age 21 and who hypothetically qualifies for disability retirement at age 30, their annuity will be calculated as if they had accrued 41 years of service—thanks to the “good time” credit they receive from their EOD to age 62. This creates a situation that would never occur in the field, given the mandatory retirement age of 56.

To qualify for the full 1.7% credit for all years of service, an employee must also have completed at least 5 years of non-supervisory ATCS service. Time spent in supervisory roles, such as FLM or OS, does not count. Therefore, those "one-year wonders" who worked as controllers for 52 weeks and then immediately transitioned into a supervisory role would need to step down, return to the boards for at least another 4 years, and then apply for disability retirement with their last position being a non-supervisory ATCS in order to receive the 1.7% credit. The key is to have at least 5 years of non-supervisory ATCS time and be in a non-supervisory position when filing for disability retirement. If both conditions are met, any interim time spent as FLM/OS will be credited at 1.7%.

Given that the onset of disability and the resulting loss of medical clearance is often sudden, it can prevent one-year-wonder supervisors from returning to the boards. Therefore, careful consideration should be given prior to accepting a supervisory position, as such roles can negatively impact the amount of your annuity in the event one may ever become disabled.

At this point you might be thinking, "1.7% for all years until age 62?? That cannot be right!" The truth is, for decades OPM calculated disability annuities in a manner similar to the standard calculation for Special Provision positions (ATC, LEO, FF, etc.), crediting the first 20 years at 1.7%, and subsequent years at just 1%, until age 62.

This changed when James Adkins, a disabled federal firefighter, filed a petition for review to the full MSPB Board challenging OPM's calculations, and prevailed. He argued that, under disability retirement law, FERS employees must be treated as if they remain employed in their last position of record until age 62 for the purpose of recalculating their final annuity. As such, Special Provision FERS employees are entitled to the enhanced 1.7% until age 62, i.e. as if they had continued to work in their last position of record until then. Remarkably, Mr. Adkins pursued the initial appeal, and subsequent petition for review to the full Board, pro-se without the help of an attorney.

OPM, unable to accept its defeat, appealed the full Board's decision to the U.S. Court of Appeals for the Federal Circuit. But Mr. Adkins, now with legal representation, won the final appeal, delivering a final blow to OPM. As a result, disabled special provision employees owe this two-time hero (first for his service as a firefighter, and second for establishing this landmark case) an immense debt of gratitude.

After the case was resolved, OPM issued Benefits Administration Letter No. 10-105 acknowledging the ruling in Springer v. Adkins and instructing retirement specialists to calculate annuities as set forth in the document. The letter is 47 pages long. Below I am attaching the calculations applicable to ATCSs as well as the provision covering time spent in supervisory (FLM/OS) roles, in addition to the legal documents for the MSPB Petition for Review and Federal Court appeal.

EDIT: I am also including the full 47-page Benefits Administration Letter from OPM.

1. MSPB's Opinon and Order in Adkins v. OPM
2. Order in Springer v. Adkins
3. Portion from OPM's Benefits Administration Letter (ATCS Example)
4. Portion from OPM's Benefits Administration Letter (Supervisory FLM/OS Example)

To clarify - the 40% you're earning until 62 is a flat amount and does not get scaled up correct?

It absolutely does. If it didn't, over a period of 2-3 decades inflation would practically annihilate the value of your high-threes, and subsequent annuity. This would be a disastrous predicament for a disabled person.

When turning 62, the high-three amount from when you first began disability retirement gets adjusted by the yearly COLA adjustments from the time your disability application is approved (or the time when the agency removes you for medical inability to perform, whichever is earlier) and the month in which you turn 62. This is significant, as the compounding increases are massive.

Once your high three is readjusted, that number is multiplied by the total number of years of ATCS service + number of years spent on disability retirement, and then multiplied by 1.7%. See below.

Is there documentation on how they do this? Do they use the FERS COLAs from all those years?

Real life example:

An ATCS without prior military experience or federal service, hired at age 25, becomes disabled at age 40, with a final salary at the federal cap (currently $225,700)

High-Three: $215,000 (approx.)

Initial Disability calculation: $129,000 first year, then $86,000 in subsequent years (+ COLA increases every January... therefore the hypothetical $86K will be closer to $88-89K by the second year, depending on COLA amount, and will continue to adjust every year thereafter)

Recomputation at age 62:

High-Three gets adjusted by COLA (COLA's average during the last 10 years was 3%, so I am going to use that figure. Final percentage may vary, either up or down): $388,000

Total years of ATCS service: 37

$388,000 x 37 x 0.017 = $237,456

Annuity at age 62: $237,456

I think your social security would be lower from earning less over the medical retirement years, unless you earn enough additional income over that time frame. How much is the question. Lots of variables.

Excellent point. I didn't want to touch on Social Security in order not to overcomplicate things. But since you brought it up....

Before applying for disability retirement, an employee must apply for Social Security disability benefits. The requirements to qualify for SSDI benefits are much more stringent then FERS disability Retirement, and applications are routinely denied at the first stage. The denial does not in any way affect the outcome of the underlying disability retirement application, however.

Law firms specializing in SSDI appeals abound, and they all take cases on contingency fees. The maximum amount of legal fees they can charge is actually capped by federal law. An applicant for SSDI may want to engage the services of one of these firms to increase the chances of a better outcome. They may be successful in getting at least partial disability benefits.

If a disability applicant were to have their SSDI benefits approved, it means that they will get SS benefits concurrently with their disability retirement annuity, which will be reduced by a portion of the SSDI payment. Nevertheless, even taking into account the reduction in benefits, the total monthly payment of annuity + SSDI will always be greater than the annuity alone.

In conclusion, as you mention, reduced social security benefits at age 62 as a result of lower/nonexistent earnings during the medical retirement years are a consideration, however then may be more than offset by the possibility of receiving partial or full SSDI benefits concurrently with the annuity.

This is best post in the history of this board.

I’m flattered—thank you.

A post of this magnitude has been long overdue, in my opinion. For years, we've all heard break-room and water-cooler chatter about colleagues retiring due to medical disabilities, often dismissively labeled as “scammers,” without ever fully appreciating how medical retirement can truly save lives, families, and marriages.

This post is the product of how the Agency has been treating its workforce. After giving this Agency many years of dedicated service—working tirelessly day and night, paying the toll in terms of deteriorating health and quality of life—only to have our pay withheld for 43 days, being branded “unpatriotic” by the current Administration for taking medically necessary leave, and being excluded from a $10K bonus given to "controllers" with no operational qualification (no disrespect—we all were academy graduates once too), and with the recent tragedy of our brother in Seattle who took his life, we are being pushed past the breaking point. Enough is enough.

If my words resonate with you—if your health has declined, and so has your quality of life—please stand tall and let these powerful words become your battle cry as you begin to rebuild your tattered life: "Unable, I am disabled."

 

[Phillytroll69]

What about depression or something with disqualifying medication? All you have to do is say no to another option?