Serious Unable, I'm Disabled - Medical Retirement

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

In order to qualify for medical disability retirement, the underlying medical condition must prevent the employee from performing the essential duties of their position. The condition must be expected to last for at least 12 months.

For ATCSs, if the condition causes the loss of medical and is expected to last for 12 months or more, it would likely qualify.

I am not a trained physician therefore I cannot provide medical advice, however my layman's perception is that depression often lasts more than 12 months and at times may be lifelong.

Generally speaking, you must accept a position of the same/higher pay level and grade for which you qualify for if the Agency offers you one, unless you can provide medical evidence that the position you are being offered may exacerbate your existing condition.

Realistically, most positions of the same/higher pay level and grade in the AT Plan that do not require medical clearance are Support Specialist, OM, ATM, or possibly some 2152 positions at the Command Center. Those are usually hard-to-get, coveted positions, even with the priority placement that is part of a disability reassignment.

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.
Our posts crossed each other by a couple of minutes.

You do get Vision 100 at 62 courtesy of the legal challenge brought against OPM by the legendary James Adkins.

Another man worthy of our respect is
the late Larry Bruner, of "Bruner Presumption" fame (see my original post).

These laws are indeed complicated and difficult to navigate. I invested hours in educating myself, and I'm eager to share my knowledge, however please double check my facts with a competent attorney of your choice.
 
Our posts crossed each other by a couple of minutes.

You do get Vision 100 at 62 courtesy of the legal challenge brought against OPM by the legendary James Adkins.

Another man worthy of our respect is
the late Larry Bruner, of "Bruner Presumption" fame (see my original post).

These laws are indeed complicated and difficult to navigate. I invested hours in educating myself, and I'm eager to share my knowledge, however please double check my facts with a competent attorney of your choice.
Yes I see that. Thanks for all this information. One might think you're a lawyer looking for more work. 😛

Based on these numbers, I can't see any reason someone at the cap should continue working if there is any plausible reason to medically retire (and theoretically have some other income). Your high three calculation continues increasing by the COLA amount rather than relying on the federal cap to continue to increase? That will almost certainly be more. Insane.

If you're eligible to retire normally, however, you have to take that right? In which case you basically get screwed compared to this.
 
In order to qualify for medical disability retirement, the underlying medical condition must prevent the employee from performing the essential duties of their position. The condition must be expected to last for at least 12 months.

For ATCSs, if the condition causes the loss of medical and is expected to last for 12 months or more, it would likely qualify.

I am not a trained physician therefore I cannot provide medical advice, however my layman's perception is that depression often lasts more than 12 months and at times may be lifelong.

Generally speaking, you must accept a position of the same/higher pay level and grade for which you qualify for if the Agency offers you one, unless you can provide medical evidence that the position you are being offered may exacerbate your existing condition.

Realistically, most positions of the same/higher pay level and grade in the AT Plan that do not require medical clearance are Support Specialist, OM, ATM, or possibly some 2152 positions at the Command Center. Those are usually hard-to-get, coveted positions, even with the priority placement that is part of a disability reassignment.
Does the position they offer you have to be in the same general area or could it be across the country and you have to accept it?
 
If you're eligible to retire normally, however, you have to take that right? In which case you basically get screwed compared to this.

I would hardly characterize retiring with your health intact, a full annuity plus Social Security supplement, FEHB benefits, and immediate, unrestricted access to your TSP as “getting screwed.” Rather than viewing this outcome negatively, your ability to retire in good health is a circumstance that should be appreciated, not taken for granted.

With that being said, over the years I have seen a number of colleagues attempting to reach their minimum retirement age by the skin of their teeth while sweeping under the rug medical conditions that could have qualified them for disability retirement—addiction, major depression, ADHD, anxiety, head concussions with loss of consciousness—simply because they are intimidated by the perceived uncertainty surrounding the disability retirement process when, in reality, they would have been in a more favorable position had they had pursued disability retirement.

Thanks for all this information. One might think you're a lawyer looking for more work.

You are welcome. I am not a lawyer and I am certainly not looking for work. My posts contain general information that I have gathered over a long period of time. It is not intended to be legal advice, and may be potentially be incorrect and/or not apply to your specific situation.

And on the topic of competent lawyers... I ran into one that knew nothing about the Adkins case or the different treatment of supervisory and nonsupervisory ATC employees (the 5 year rule), and insisted that a disabled ATCS would only get 1.7% for years spent as a controller, and then 1% until 62. After I emailed him the same documents I attached to my earlier post, with a similarly detailed narrative, he replied saying that my analysis appeared to be correct and backed up by case law. Needless to say, I lost confidence in his abilities after that exchange.

Be careful out there. Shop around and ask questions. One of the most knowledgeable FERS disability retirement attorneys I have spoken with is a solo practitioner not associated with a large law firm. He truly knows disability law and the inner workings of OPM. One of his disabled federal employee clients moved to a foreign country and he was able to get OPM to accept medical records from a foreign doctor, obviously properly translated into English. This something that other attorneys said would not be allowed because medical certificates had to come from a US doctor. Obviously, not true.

You pay for that level of knowledge and expertise, and his fees are nearly 3 times as expensive as some of the other firms. As with nearly everything in life, you get what you pay for.

I’m not advocating for expensive, boutique law firms—quite the opposite, in fact. There are several reputable firms that provide excellent service and effectively handle cases at reasonable flat fees. For a straightforward, “cookie-cutter” case with strong medical documentation, I would certainly recommend one of these firms. However, if things start to take a turn for the worse—if your initial application and reconsideration are denied, and you find yourself heading to the MSPB—it would be wise to consult with another experienced attorney for a case review and a second opinion.

Does the position they offer you have to be in the same general area or could it be across the country and you have to accept it?

Thank you for asking that question. I should have clarified that in order to be considered a "suitable reassignment," the offer must be for a position at the same or higher pay level/grade within the commuting area of the applicant's current facility.

Nothing would prohibit you from volunteering to be considered for a position in a different geographical area and/or at lower level and pay grade. If so interested, reach out to you HR Disability Coordinator during the reasonable accommodation process and communicate your preferences to that person.
 
Reminder to everyone that these are just chatgpt responses and you should verify the accuracy of any information it posts if you plan on actually attempting a medical retirement
 
Reminder to everyone that these are just chatgpt responses

Thank you for your contribution.

ChatGPT cannot replicate the depth of analysis that is supported by case law, official OPM documents, and other references contained in my posts. I challenge you to engage ChatGPT and see if it can match the information found in this thread. You will likely find it cannot, and in fact, it may provide inaccurate or potentially harmful responses.

The application of the 1.7% accrual for all years based on case law (the Adkins case), along with the nuances distinguishing non-supervisory and supervisory positions (such as the 5-year rule discussed earlier), points to a human behind this analysis—someone who has dedicated countless hours researching this process, including consulting with attorneys specializing in this area of law. Trusting ChatGPT with a career-altering decision would be ludicrously irresponsible on my part.

Feel free to ask me any questions, and I will respond personally like I have been. DM me, and I will provide personal responses. I encourage you to put me to the test by asking specific questions designed to trip AI up, I will gladly answer them to prove that I am a human—disabled, yes, but very much human nonetheless.


you should verify the accuracy of any information it posts if you plan on actually attempting a medical retirement

Absolutely! This holds true whether the information is AI-generated, sourced from a forum (like in this case), or provided by a so-called "professional" — as demonstrated by the attorney mentioned above who was unaware of the Adkins case.
 
Reminder to everyone that these are just chatgpt responses and you should verify the accuracy of any information it posts if you plan on actually attempting a medical retirement
Despite his suspicious use of the emdash and writing style, I went through both chatgpt and gemini and they were totally wrong. Not only that but sometimes contradicted themselves within their own conversation.
I would hardly characterize retiring with your health intact, a full annuity plus Social Security supplement, FEHB benefits, and immediate, unrestricted access to your TSP as “getting screwed.” Rather than viewing this outcome negatively, your ability to retire in good health is a circumstance that should be appreciated, not taken for granted.
What I mean is you could work for 18 years and end up with a pension that's WAY better (upon reaching 62) than someone who worked 25, or even 35 years. In fact, it will literally be better than anything other than physically working until 62. Maybe not even then because the cap goes up slower than inflation.

I do find it strange that you have to retire as an actual controller and not a supe to get 1.7 for every year. That seems like a misinterpretation by the courts, since supes are included in the 1.7% MRA30 calculation in the Vision100 language (whether or not it's a different subparagraph).
 
I would hardly characterize retiring with your health intact,
To be fair, I highly suspect that a large portion of the workforce doesn't have their health intact anyways, and simply pushes through without seeking help.

I semi-joke at work that we're all just a therapy appointment away from medical retirement. It's a joke... but not a joke without a little truth behind it.
 
To be fair, I highly suspect that a large portion of the workforce doesn't have their health intact anyways, and simply pushes through without seeking help.

I semi-joke at work that we're all just a therapy appointment away from medical retirement. It's a joke... but not a joke without a little truth behind it.

I wholeheartedly agree with you. Many ATCSs may be eligible for disability retirement, yet they are often hesitant to consider this option due to the limited information available on the subject. The purpose of this thread is to educate and empower the workforce by providing clear, accurate, and accessible information.


If you're eligible to retire normally, however, you have to take that right?

Nothing prevents a disabled employee who is eligible for an immediate regular FERS retirement to opt for a disability retirement instead.

I do find it strange that you have to retire as an actual controller and not a supe to get 1.7 for every year. That seems like a misinterpretation by the courts, since supes are included in the 1.7% MRA30 calculation in the Vision100 language (whether or not it's a different subparagraph).

I see your point. However, at least for now, OPM is unequivocally operating under that interpretation, as set forth in the following an excerpt from the 47-page OPM Benefits Administration Letter that I attached in one of my earlier posts:

There is no limit on how many years of front-line air traffic controller service can be applied to the 1.7 percent annuity accrual rate under § 8415(e). Other air traffic controller service that is not front-line service (for example, service as an immediate supervisor to a front-line air traffic controller) is subject to the 1.7 percent annuity accrual rate
under § 8415(d), subject to the 20 year limit on service that can be applied to the 1.7 percent annuity accrual rate under § 8415(d).


Document #3 in post #19 also confirms that a supervisory ATCS will not get 1.7% credit for all years on disability retirement.

The importance of the 5-year requirement as a front-line ATCS in order to receive the 1.7% credit for all years on disability retirement cannot be stressed enough. This crucial requirement is not widely publicized. While most sources cite 18 months as the minimum period of creditable civilian service needed to qualify for FERS disability retirement—and this is accurate—an ATCS applicant must complete at least 5 years to secure the best possible benefit.
 
Despite his suspicious use of the emdash and writing style, I went through both chatgpt and gemini and they were totally wrong. Not only that but sometimes contradicted themselves within their own conversation.

he could be using AI and guiding it, providing his own information that he has vetted and researched, having AI rewrite to make it more professional looking.

it doesn't have to be all or nothing. that being said, seems like very informative and overall good posts
 
In order to qualify for medical disability retirement, the underlying medical condition must prevent the employee from performing the essential duties of their position. The condition must be expected to last for at least 12 months.

For ATCSs, if the condition causes the loss of medical and is expected to last for 12 months or more, it would likely qualify.

I am not a trained physician therefore I cannot provide medical advice, however my layman's perception is that depression often lasts more than 12 months and at times may be lifelong.

Generally speaking, you must accept a position of the same/higher pay level and grade for which you qualify for if the Agency offers you one, unless you can provide medical evidence that the position you are being offered may exacerbate your existing condition.

If the condition would last for 12 months, but there are ways to cure/treat them with medicine/surgery, are you required to do so? Or would you be able to say no and still be eligible for a medical retirement?

In a similar vein, for those with "Special Consideration" medical clearances where it's contingent on yearly exams/medicine, if you opted to not take those exams or medicine, are you eligible for medical retirement?

My assumption would be you'd have to opt for those procedures, medicine, or exams since if we go for the low-hanging fruit, people without 20/20 vision could just opt to not wear glasses and lose their medical that way.

Just to be clear on the 80% cap, is the 40% you earn from the retirement counted against the 80%? For example, let's say you previously made $100k/yr. Medical retirement gives you $40k/year. If I take a job that makes $70k/yr, would I be penalized since 40k+70k > 80%?

Definitely appreciate the information on this topic. Would be nice if you could recommend some firms since you said you had a bad experience with one.
 
If the condition would last for 12 months, but there are ways to cure/treat them with medicine/surgery, are you required to do so? Or would you be able to say no and still be eligible for a medical retirement?

In a similar vein, for those with "Special Consideration" medical clearances where it's contingent on yearly exams/medicine, if you opted to not take those exams or medicine, are you eligible for medical retirement?

My assumption would be you'd have to opt for those procedures, medicine, or exams since if we go for the low-hanging fruit, people without 20/20 vision could just opt to not wear glasses and lose their medical that way.

Just to be clear on the 80% cap, is the 40% you earn from the retirement counted against the 80%? For example, let's say you previously made $100k/yr. Medical retirement gives you $40k/year. If I take a job that makes $70k/yr, would I be penalized since 40k+70k > 80%?

Definitely appreciate the information on this topic. Would be nice if you could recommend some firms since you said you had a bad experience with one.
ALLEGEDLY, someone, who I worked with at my first facility, had a wife that got DQd for sleep apnea. And they refused to use a CPAP so couldn't keep a medical and was able to medically retire.

But at the same time too, I think you have to be able to submit that you still have x condition when the government wants proof
 
If the condition would last for 12 months, but there are ways to cure/treat them with medicine/surgery, are you required to do so? Or would you be able to say no and still be eligible for a medical retirement?

In a similar vein, for those with "Special Consideration" medical clearances where it's contingent on yearly exams/medicine, if you opted to not take those exams or medicine, are you eligible for medical retirement?

Excellent questions. While I can’t provide legal advice tailored to your specific situation, I can say that it’s generally possible to opt out of certain medical treatments without affecting your eligibility for disability retirement. I recommend scheduling a free consultation (or two) with attorneys who specialize in FERS disability retirement.

You might be surprised by what you learn—speaking from personal experience as a former holder of special-consideration medical clearance, I certainly was.

Just to be clear on the 80% cap, is the 40% you earn from the retirement counted against the 80%? For example, let's say you previously made $100k/yr. Medical retirement gives you $40k/year. If I take a job that makes $70k/yr, would I be penalized since 40k+70k > 80%?
The disability annuity is considered unearned income and thus not not factored into the maximum allowable earnings. This also applies to other forms of unearned income, such as interest and dividends, capital gains, lottery and gambling winnings, income from long-term rental properties (i.e., non-Airbnb), royalties, and similar passive sources of income.

Additionally, unlike the 40%, the 80% is calculated based on your final salary at separation, rather than your high-three average. Your final salary at separation will be adjusted annually, meaning your maximum allowable earnings limit will also increase each year.

ALLEGEDLY, someone, who I worked with at my first facility, had a wife that got DQd for sleep apnea. And they refused to use a CPAP so couldn't keep a medical and was able to medically retire.

Thank you very much for sharing a real-life scenario, albeit alleged.

While I’m not familiar with the specifics of her case, I can only speculate that she must have had legitimate reasons for declining the use of a CPAP machine. Although the latter is an effective treatment for sleep apnea, it can cause undesirable side effects, such as sleep disturbances or insomnia, which are also medically disqualifying conditions in their own right.

It appears she acted under the guidance of a knowledgeable attorney. Well played, madam.


I think you have to be able to submit that you still have x condition when the government wants proof

OPM will request routine status reports while an annuitant is on active disability retirement. Initially, these reports are required annually, with intervals becoming longer as time progresses.

The annuitant must provide proof that the original condition (or a new condition that may have developed) continues to prevent them from returning to the position held prior to disability retirement. Since returning to front-line ATC duties requires qualifying for a medical clearance, and permanent medical disqualification would preclude the annuitant from obtaining a medical clearance in the future, returning to the last position of record is often not feasible. In such cases, the annuity will continue until the annuitant reaches age 62, at which point it will be recalculated and converted to a regular FERS annuity.

Would be nice if you could recommend some firms

I would be happy to provide a referral. Please see the attached document.
 

Attachments

ALLEGEDLY, someone, who I worked with at my first facility, had a wife that got DQd for sleep apnea. And they refused to use a CPAP so couldn't keep a medical and was able to medically retire.
the official reasoning was the cpap caused anxiety and anxiey medication was disqualifying. so not simply a 'refusal' to treat to get around it.
 
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.
There is some nuance lost here. If you go to ssa.gov and check your earnings record, you’ll also see what your disability payment would be. It is not the same as your SS payment at Full Retirement Age (FRA). Assuming you keep your SSDI payments through FRA, then that payment continues, with COLA adjustments, until you hit FRA when it converts to regular SS payments. The payment amount is unchanged after conversion. You are not penalized for not working if you maintain SSDI.

There are periodic reviews for maintaining benefits, called Continuing Benefits Reviews (CBR), and the amount of time between reviews depends on your age and likelihood of recovery.

Additionally, while SSDI + pension yields a higher overall annual payout, SSDI recipients have extremely strict earned income limits. You cannot earn more than $1,620/month pre-tax and maintain SSDI benefits so this restriction is significantly stricter than the 80% of your top 3 for the pension. You will also receive SSDI benefits for your minor children but the benefits for the full family cannot be more than 150% of your SSDI payment. Federal taxes are reduced on SSDI payments and state taxes are reduced or eliminated depending on the state.

Disability Digest on YouTube has a ton of excellent, free resources on the best ways to claim and keep your SSDI benefits. My Gov Expert’s website is also extremely helpful for getting your arms around the SSDI process. Disability

Circling back to COLA, retirement COLA is not applied to the first 12 months of retirement. COLA increases are also rounded down based on a formula. This year’s CPI is ~2.9% and retirees will see a 2% increase. There will still be inflation erosion over a long medical retirement, although it will still be much better than being a non-special provision employee that doesn’t get COLA at all during medical retirement.

OPM says:
“For Federal Employees Retirement System (FERS) or FERS Special benefits, if the increase in the CPI is 2 percent or less, the Cost-of-Living Adjustment (COLA) is equal to the CPI increase. If the CPI increase is more than 2 percent but no more than 3 percent, the Cost-of-Living Adjustment is 2 percent. If the CPI increase is more than 3 percent, the adjustment is 1 percent less than the CPI increase. The new amount is rounded down to the next whole dollar.

To get the full COLA, a retiree or survivor annuitant must have been in receipt of payment for a full year. If not, the increase is prorated under both plans. Prorated accounts receive one-twelfth of the increase for each month they received benefits.”

 
There is some nuance lost here. If you go to ssa.gov and check your earnings record, you’ll also see what your disability payment would be. It is not the same as your SS payment at Full Retirement Age (FRA). Assuming you keep your SSDI payments through FRA, then that payment continues, with COLA adjustments, until you hit FRA when it converts to regular SS payments. The payment amount is unchanged after conversion. You are not penalized for not working if you maintain SSDI.

There are periodic reviews for maintaining benefits, called Continuing Benefits Reviews (CBR), and the amount of time between reviews depends on your age and likelihood of recovery.

Additionally, while SSDI + pension yields a higher overall annual payout, SSDI recipients have extremely strict earned income limits. You cannot earn more than $1,620/month pre-tax and maintain SSDI benefits so this restriction is significantly stricter than the 80% of your top 3 for the pension. You will also receive SSDI benefits for your minor children but the benefits for the full family cannot be more than 150% of your SSDI payment. Federal taxes are reduced on SSDI payments and state taxes are reduced or eliminated depending on the state.

Disability Digest on YouTube has a ton of excellent, free resources on the best ways to claim and keep your SSDI benefits. My Gov Expert’s website is also extremely helpful for getting your arms around the SSDI process. Disability

Circling back to COLA, retirement COLA is not applied to the first 12 months of retirement. COLA increases are also rounded down based on a formula. This year’s CPI is ~2.9% and retirees will see a 2% increase. There will still be inflation erosion over a long medical retirement, although it will still be much better than being a non-special provision employee that doesn’t get COLA at all during medical retirement.

OPM says:
“For Federal Employees Retirement System (FERS) or FERS Special benefits, if the increase in the CPI is 2 percent or less, the Cost-of-Living Adjustment (COLA) is equal to the CPI increase. If the CPI increase is more than 2 percent but no more than 3 percent, the Cost-of-Living Adjustment is 2 percent. If the CPI increase is more than 3 percent, the adjustment is 1 percent less than the CPI increase. The new amount is rounded down to the next whole dollar.

To get the full COLA, a retiree or survivor annuitant must have been in receipt of payment for a full year. If not, the increase is prorated under both plans. Prorated accounts receive one-twelfth of the increase for each month they received benefits.”



Thank you for your valuable contribution and for providing additional information regarding Social Security Disability Benefits and the COLA calculations.

Filing for SSDI is a mandatory requirement for FERS disability retirement, but it is much harder to qualify for and typically takes longer to process. SSDI attorneys work on a contingency basis, with legal fees capped by federal law, so there’s little reason not to retain an SSDI attorney to explore the possibility of securing additional benefits. While success isn’t guaranteed, many attorneys are able to secure at least some partial benefits. Personally, I view SSDI benefits as "beer money," figuratively speaking — it's nice to have, but I wouldn't rely on them for a primary income. My advice is not to depend too heavily on SSDI; instead, treat it as a bonus in the event you are approved. A denial of SSDI benefits will not preclude the disability retirement from being approved.

The driving force behind this tread was to provide general information about disability retirement, but it has expanded far beyond that. After receiving several private messages from forum members — and even having a phone conversation with one — I realized I should at least mention the process of filing a FECA claim for medical conditions caused or aggravated by occupational exposures. For example, in our profession, a controller involved in an aviation accident or near-midair collision who develops PTSD or anxiety as a result might be eligible for FECA benefits due to the occupational exposures.

FECA benefits provide 66.6% of an employee's salary, which increases to 75% if the employee is married, has children under 18, or supports a dependent parent. These benefits are exempt from federal and state income taxes. While FECA benefits are intended to be temporary, a number of attorneys have reported instances of clients who have received FECA benefits for years — even decades. While I don’t want to dive too deeply into the details, the general advice is to apply for both disability retirement and FECA benefits (if your condition is work-related) at the same time.

If you are approved for disability retirement, you can keep that approval as a backup while continuing to receive FECA benefits for as long as possible. Should you eventually lose FECA benefits, you will automatically transition back to FERS disability retirement, though keep in mind that the years spent on FECA won’t count toward COLA or the 1.7% credit for FERS. However, the tax-exempt 66.6% or 75% of your salary from FECA can more than offset the reduction in your FERS payments in the long run. Another important consideration is that the percentage is not set in stone and can be adjusted if certain life changes occur. For example, if you are receiving 66.6% and get married or have a child, your benefits will increase to 75%. Conversely, if your child turns 19, you divorce, or your dependent parent passes away, your benefits will be reduced back to 66.6%.

If you’re interested in learning more about the FECA claims process, I strongly recommend consulting an attorney who specializes in FECA claims, as most FERS disability retirement attorneys do not handle these cases. However, attorneys who focus on FECA claims typically also handle FERS disability retirement, making their firms a convenient one-stop shop if you're considering pursuing both avenues.
 
While success isn’t guaranteed, many attorneys are able to secure at least some partial benefits. Personally, I view SSDI benefits as "beer money," figuratively speaking — it's nice to have, but I wouldn't rely on them for a primary income.
Just a note that it’s not possible to receive partial SSDI payments. You either are or are not eligible for SSDI. My family receives just shy of $6k/month in SSDI ($4k for the recipient and $2k for the kids’ benefits) so I’d consider it more than beer money.

You are right that SSDI approval is hard to come by and can be a longer process. Decisions are usually 6-8 months in the making unless you have a condition on the compassionate allowance list in which case it’s usually a few days.

I applied for my ATC spouse as part of jumping through hoops for their medical retirement and it was not hard and only took a few hours of my time from watching YouTube videos and gathering info to filling out the forms. I, personally, wouldn’t pay an attorney to do it especially if you expect to be denied and only need to check the box for medical retirement.
 
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