Serious Unable, I'm Disabled - Medical Retirement

[Unable_IM_Disabled]

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.

Thank you for your valuable contribution to this conversation. I see you’ve just joined the forum, and this is your first post—similar to the person who posted before you. I’m glad to see lurkers who have something meaningful to add decide to jump in. Knowledge is power, and for years, there’s been a lack of reliable, comprehensive sources of information on these kinds of benefits. Try getting answers from the Agency, and you’re likely to get the runaround or, worse, inaccurate information. NATCA? They’ll treat you with disdain and label you a scammer just for asking specific, tough questions about disability retirement and related benefits.

I’ll defer to your expertise on SSDI benefits and the claim process. SSDI has never been my primary focus because my medical condition falls into a category that makes it particularly hard to get approved for SSDI. I filed for SSDI on my own (which, as you mentioned, is easy to do) mostly as a formality before applying for disability retirement, expecting a denial. However, after some further thought, I decided to consult with a firm that specializes in SSDI claims and appeals. They convinced me to retain their services on the grounds that I had nothing to lose. If they don’t win the claim/appeal, they don’t get paid; if they do, they take a cut and I get SSDI benefits—win-win. They did mention that, given the nature of my disability, a denial is quite likely, but they believe we have a decent chance of winning an appeal. My claim has been pending for longer than your spouse’s, but I understand that, although the SSA is a federal agency, processing times vary widely depending on the claimant's State of residence.

It was also my understanding—seemingly incorrect based on your post—that the outcome of the appeal process might result in a finding of partial disability with partial benefits.

Although I’m not a prime candidate for SSDI approval, my medical condition was essentially a slam dunk for disability retirement, and it’s undoubtedly linked to repeated professional exposures. Consequently, the high value of my FECA claim would reduce my SSDI benefits to a relatively trivial amount. I can’t say exactly how much because I never bothered to look into it. I was simply told that FECA offsets SSDI, although never to the extent that SSDI benefits would be reduced to zero. Assuming a starting benefit of $4,000, like your spouse’s, I could see my FECA payments potentially bringing the SSDI benefits down to just a few hundred dollars. Hence, my comment about "beer money." Each person’s situation is different, though. Perhaps your spouse wasn’t eligible for FECA, but their condition—along with the fact that they have children—easily qualified them for SSDI benefits. Maybe they were approved without needing to appeal, which would be fantastic. If I ever get approved for SSDI, I’m curious to see how much I’d receive.

As for FECA, I should’ve clarified in my previous post that the 66.6% or 75% benefit is calculated based on the total average wages over the 52 weeks preceding the injury, including overtime and shift differentials, capped to a maximum amount equal to the GS15, Step 10 salary before locality ($162,672 in 2025). It’s by far the most valuable benefit in the DR/SSDI/FECA triad, but due to the large payout, OWCP will constantly attempt to terminate those benefits and force you on disability retirement. I recently spoke with a forum member who was receiving FECA benefits and had an unannounced visit from an OWCP investigator to discuss his case. Needless to say, if that happens to you, politely but firmly refuse to discuss your case, hand the investigator your attorney’s card, and shut the door.

EDIT: CAP on FECA benefits and 2025 GS15, Step 10 amount

 

[Unable_IM_Disabled]

I feel the need to to address what seem to be some recurring questions that come up in private conversations with forum members.


ARE YOU AN ATTORNEY/PARALEGAL?

I am neither a member of the Bar nor employed in the legal profession, nor am I affiliated with any law firm. I do not receive compensation or incentives in any form. My role is to advocate for disabled controllers who, despite their medical conditions, continue working in the hopes of reaching retirement eligibility. If you are disabled and meet the criteria, you may be eligible to retire today.

Please note that I am not authorized to provide legal advice specific to your situation. The information I share is based on general laws and rules, as I understand them, but it may not be accurate. Do not make career decisions based solely on information from online forums.

Additionally, attorneys are prohibited from soliciting clients directly, either themselves or through intermediaries. Solicitation through online forums is likely impermissible, and "ambulance chasing" is illegal for the same reason.


ARE YOU AN AI ENGINE?

I believe I have unequivocally dispelled that myth through my posts, private messages, and phone conversations with some of you.


ARE YOU A REAL CURRENT/FORMER AIR TRAFFIC CONTROLLER?

Only a real controller who has survived nearly two decades in this failed Agency could have authored a post as raw as my first one. I spoke from the heart. The upvotes and private messages thanking me for having the courage to speak up show that many share my feelings. I like to think that for every thumb-up and private message I received, there are hundreds of silent supporters who share my vision and are reading this.

Only a real controller could coin the moniker "Unable, I am disabled," which is a nod to one of the most widely used words in our profession -or at least it should be. As one of my early instructors used to bark —rigorously while slapping my chair: "Stop approving shit if you're not sure if it's gonna work. Unable it and protect yourself."

Wise words. I urge fellow controllers to take that advice to heart: protect yourselves. Don't let this career permanently damage your health or your life. It’s not worth it. You already know it's "not gonna work." Unable it. And —like the 7110.65 mandates— provide a reason if time allows: 'Unable, I am disabled.

 

[Unable is a full sentence]

I'm a fan.

 

[Unable_IM_Disabled]

Forum members continue to ask questions via private messaging. Internet forums are intended to disseminate information to the widest possible audience. Private messaging defies this purpose. As a result, I am no longer going to answer individual questions in private. Please either post them as part of the main thread or send them to me privately and I will re-post them here —keeping your identity private— and try to answer them to the best of my knowledge. Thank you for your cooperation.


QUESTION FROM A MEMBER:

At what point are you required to tell the flight surgeon about your conditions? When you are officially diagnosed, when you are prescribed meds....just wait until your annual physical lol. I'm pretty sure it's when officially diagnosed right?


NOTE: The following general guidance assumes that the goal is to obtain approval for disability retirement as quickly as possible, rather than seeking medical reinstatement, Special Issuance, requesting Article 45 duties, or pursuing a reassignment.

You are required to notify the FS immediately after receiving an official potentially disqualifying diagnosis and/or prescription medication. Certainly do NOT wait until your next regularly scheduled physical, which depending on your age may be nearly two years away. Doing so is asking for trouble.

A good practice is to immediately notify the FS by telephone as soon as you are diagnosed, and advise of any medications you were prescribed by your doctor. Depending on the condition, they may inform you that you are incapacitated right then and there. After that conversation, follow up with an email.

Flight Surgeons are usually extremely fast at notifying your facility of your incapacitation: wait a few hours and give your facility a call. Tell the manager on duty that you have been incapacitated. Chances are they have already received a call from the FS. Tell the manager that you are requesting to be placed on SL and AL, then when the balance is depleted to switch you to LWOP (preferably) or AWOL. Follow up with an email to your immediate supervisor and Cc your second level supervisor. In some smaller facilities that may be your ATM.

Whether you decide to engage with the Flight Surgeon's office, respond to their inquiries, send them 30-day status reports, etc. at this point is up to you. If you have an attorney, discuss your strategy with them before making any decisions. The role of the FS is to oversee the potential reinstatement of your medical clearance or determine whether you are permanently disqualified from ATC duties based on your condition. That's it. The FS is not directly involved in the disability retirement application or adjudication. You do not need a permanent disqualification from the FS before you can apply for disability retirement. This is an often misunderstood point.

If you have already determined —in consultation with your doctor and attorney— that you qualify for disability retirement, go ahead and file ASAP. After you apply, HR must do a job search as part of the reasonable accommodation process. Once that is done and other administrative tasks are completed (usually it takes a total of approximately 2-4 months), your application will be forwarded to OPM to be adjudicated.

The FS will likely continue to request your medical records and status reports while your application for disability retirement is pending. The decision to respond to or ignore these requests is something you have to discuss with your attorney. Some attorneys suggest to ignore the requests in order to not overburden your treating physician(s) with monthly medical records request or letters for something that you already know you are not interested in pursuing, i.e. a reinstatement of your medical. Those same attorneys will recommend to save those requests to your doctors for when they are REALLY needed: OPM reconsideration, MSPB appeal, FECA benefits, SSDI benefits, etc.

The other school of thought is that obtaining a letter of permanent disqualification from the FS will strengthen your application, and forwarding that letter to OPM to be included with your file is in your best interest.

An important consideration is that willfully ignoring the FS's repeated requests "may" expose you to potential disciplinary action, although this risk would likely carry limited consequences since you are going to be retiring anyway.

Again, these are legal strategies that you should discuss with a lawyer who will provide you with the best advice based on your particular situation. The information provided in this post is general in nature.

 

[Unable_IM_Disabled]

QUESTION FROM A MEMBER:

I've been controlling for almost 20 years now. I don't expect you define anything specific. That said, can you articulate any general conditions that may qualify an individual for a medical retirement?

Like many, I might have one or more conditions that might be approved for a medical retirement. We're too afraid to discuss this with our physicians or have them do discussions "off the record". I just don't have general knowledge of what afflictions would result in a successful medical retirement.

I might be dying slowly here and looking for a lifeline via information on how or if I should pursue this further.

Thank you for your input and response to me and others.



I completely understand your reluctance to have such conversations with your doctors. Many of us have spent our careers fearing being medically disqualified by the Flight Surgeon, often downplaying symptoms and pushing through illnesses in a self-destructive attempt to make it to retirement eligibility. But at what cost? We've all known or heard of someone who retired only to pass away from a heart attack, alcohol poisoning, suicide, or other tragic outcomes tied to untreated conditions, sometimes within months of leaving the job. That must change. This career — any career, really — is not worth sacrificing your health. If you're dealing with medical issues (and meet a few other basic requirements), you're eligible to retire today.

One of the core requirements for disability retirement is having a medical condition, expected to last at least 12 months, that impedes you from performing "useful and efficient service" in your current position. Additionally, your agency must certify that there is no reasonable accommodation or reassignment available at the same or higher pay grade. You must also provide medical documentation that establishes a clear link between your condition and your inability to perform key job functions. Finally, you must have held your position for a minimum of at least 18 month prior to the date you apply for disability retirement. You do not need to be fully disabled to qualify.


While the list of qualifying conditions can vary, some common issues that could potentially qualify air traffic controllers for disability retirement include, but are not limited to:

• Chronic fatigue, exhaustion, sleep disorders, insomnia, and excessive reliance on caffeine or stimulants to manage the demands of long shifts (six-day weeks, 10-hour days) due to staffing shortages.
• Health issues caused or aggravated by deteriorating facilities and equipment.
• Mental health conditions such as depression, generalized anxiety disorder, PTSD linked to fatal accidents, near mid-air collisions, and/or operational errors.
• Mental health challenges resulting from physical or verbal assaults by colleagues, also overstressed and overworked.
• Alcoholism, chest pain (angina), memory loss, and panic attacks.
• Late-onset genetic diseases affecting sensory or cognitive abilities.
• Neurological conditions like microseizures, epilepsy, or other neurological disorders.
• Partial or complete hearing or vision loss.
• Pulmonary conditions (e.g., obstructive or non-obstructive diseases that cause excessive coughing, shortness of breath, etc.), including sleep apnea.
• Conditions requiring continuous use of opiates to manage chronic pain.
• Migraines, concussions, and other cerebral conditions that affect cognitive function.

This list is by no means exhaustive. Many other conditions could qualify air traffic controllers for disability retirement. After 20 years of front-line ATC experience, I can say with confidence that most of us probably have one or more of these issues.

However, do not start the disability retirement process with your doctor. Most doctors are unfamiliar with the specific requirements for qualifying for federal disability retirement. Mention the word "disability" to the average physician, and they often assume it means complete and permanent inability to work.

Instead, begin with a consultation with one or more attorneys who specialize in FERS disability retirement and ask them about the conditions under which their former ATC clients have retired. That will give you a clearer picture.

That said, don’t discount the importance of your doctor’s role in the disability retirement process. From my experience, the most important factor is having a medical team that fully supports your decision to pursue retirement on medical grounds. The years-long relationship I built with my primary physician was invaluable. I would encourage others to foster a similar relationship with their doctors.

When it came time to pull the trigger on disability retirement, I basically had the most authentic, genuine, and honest conversation that a patient could have with his doctor. It was a cry for help that he could not ignore. He basically said "So what do you need from me?" "A letter," I said. "But there are specific requirements, the condition must be expected to last for at least 12 months. Here, my attorney gave me this list...."

He stopped me right there and said "I've never prepared a letter in support of federal disability retirement and I don't know what and how to say it. All I know is that this job is doing more harm than good and I will back you up 100%. Have your attorney draft whatever it is that you guys need, and email it to me, OK?"

Three days later I had the most compelling letter in support of medical retirement that I could hope for. The doctor sent me a signed copy and wrote "If you ever need anything else, if the FAA gives you a hard time, you need me to testify... I am here for you."

He is not a doctor. He is an angel in a white coat. He is my savior. God bless that man.

My attorney then recommended seeing a specialist for the specific condition I had. The specialist, too, was supportive. I shared with with the letter that my primary care physician had prepared. He said, "Thank you for that. It makes it so much easier for me. I’ll write my letter using this as a baseline."

The specialist's letter was as good. Fully supportive, well-articulated professional opinion based on solid medical grounds. Bulletproof. That's the day I realized I basically had the approval in my pocket.

I share my experience because I sense the desperation in your closing words— a cry for help, much like the one I made to the white coat-wearing angel. I hope my story inspires you and others to prioritize your health and consider retiring on medical grounds if you’re eligible.

You put in nearly 20 years of hard, industrious work. Over that period of time You’ve helped guide millions of travelers safely, facilitated the movement of goods, and supported military flight operations to keep our Country safe. Your contributions have been immense, and your health has paid the price. You earned your retirement fair and square. You don't owe the FAA anything. You owe the person in the mirror everything.

We are not working the system; it’s the system that has worked us to exhaustion. We are making the only choice that makes sense—the one rooted in self-preservation. We are leaving this profession on our own terms. The flying public is no longer our responsibility. Our well-being—and that of our loved ones—is.

We are not scammers. The real scammers are those who continue working under medical clearances they shouldn’t hold because of medical conditions they decide to ignore.

 

[blarg]

Do your high three salary increases between retirement and 62 just get the yearly COLA, or also the 1.6% contract raises in June (so long as contractual increases exist)? Do the yearly increases get the full federal increase or is it like a regular FERS pension where between 2-3% they get nothing?

If it does last more than 12 months and you medically retire, but eventually recover, is it possible to regain medical and work again?

 

[Unable_IM_Disabled]

Do your high three salary increases between retirement and 62 just get the yearly COLA, or also the 1.6% contract raises in June (so long as contractual increases exist)? Do the yearly increases get the full federal increase or is it like a regular FERS pension where between 2-3% they get nothing?

Immediately upon retirement, you cease to be a member of the bargaining unit and therefore no longer covered by the FAA/NATCA Collective Bargaining Agreement. As a result, you will no longer qualify for the 1.6% raise in June.

Another member posted really good information about COLA with a link to the OPM website.

If it does last more than 12 months and you medically retire, but eventually recover, is it possible to regain medical and work again?

This question has two components:

1) Can you be re-hired as a federal employee after having medically retired?
2) Would the Flight Surgeon grant you a medical clearance?

1) There is no prohibition to be rehired as a federal employee after a disability retirement. Doing so would terminate your disability annuity, however.

2) This is the bigger issue that I see. Would someone who was permanently disqualified by the Flight Surgeon be eligible for a medical clearance? I would say no, but I am not entirely sure. It may possibly be dependent on the medical condition.

On a side note, reapplying for Federal service (either as an ATCS or in another capacity) while receiving a disability annuity seems like a questionable decision. Practically speaking, your new salary would be the difference between the salary of your new position and your disability retirement annuity. Why would anyone opt for that?

EXAMPLE: If you are receiving $50K in disability retirement and you accept a federal job with a $100K salary, in reality you are only earning $50K at your new job. A better option would be to work in the private sector and earn up to 80% of your last position's current salary on top of the $50K disability retirement annuity.


***IMPORTANT!*** CONSEQUENCES OF EARNING MORE THAN 80%:

If you earn more than 80% of your last position's current salary in a given year, your disability retirement annuity will stop in June of the following year. If your earnings in the year in which your disability retirement stops fall below the 80% threshold, your disability annuity will be reinstated beginning July of the following year.

The most devastating consequence of going over the 80% limit, however, is that all years of creditable service (1.7% for ATCSs) accumulated while of disability retirement will be zeroed out. This could be disastrous if it happened to an annuitant with many years of creditable service. Use caution. A small misstep may cost you hundreds of thousands of dollars in lost benefits.

The 80% limit is lifted in the month following the annuitant's 60th birthday. So, for 2 years before the disability annuity is converted to regular FERS retirement at age 62, an annuitant would be allowed to earn an unrestricted amount.

 

[Unable_IM_Disabled]

QUESTION FROM A MEMBER:


Can you elaborate more on reasonable accommodations/reassignment? I feel like that is important because some wouldn't want to be placed into a staff support or any other desk job. And I've read people say that if your offered one and you turn it down your not Eligible for retirement. But then I've heard there isn't no acceptable RA because you were hired under the 6C provisions of early retirement and admin jobs don't qualify the same.


Avoiding being forced into a support specialist position or similar job is indeed a very important consideration for some. Generally speaking, you must accept an offer for suitable position at the same pay grade or higher than your current position, for which you are otherwise qualified and meet the qualifications. There is an exception that enables you to reject a reassignment to a position that would aggravate your medical condition.

I am unsure whether being hired under the 6(c) provisions (early retirement) would prevent you for being forced to accept a position at the same pay grade but not covered by the early retirement provision, such as a Support Specialist position at the same salary and in the same job series (2152), but without early retirement.

In an abundance of caution, my doctor agreed to specifically state that any aviation-related position may exacerbate the symptoms of my conditions, and would therefore be "unsuitable" for purposes of reassignment. Your own medical condition, however, may or may not justify such a broad restriction.

Realistically, the odds of being offered a reassignment to a desk job are minimal, as the source below confirms.

I am going to link to an excellent podcast on FERS disability retirement featuring Eric Pines, a nationally acclaimed federal employment attorney.

The only point I would add, which Mr. Pines did not mention in the podcast, is the exception that allows you to reject a reassignment offer if the new position would exacerbate your existing medical condition. However, there are several caveats to raising this argument successfully, so, as always, I recommend consulting with an attorney to discuss your specific situation

DISCLAIMER: I am not affiliated with Mr. Pines's law firm, nor have I had the opportunity to speak with him directly. However, I have consulted with an attorney who previously worked at his firm and who has since established his own private federal employment practice.

 

[kernel]

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.




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



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.

Interesting to note about the 5 year rule, example 16 of the OPM letter shows that if you retire as a frontline controller, the rest of your time on disability pension will count towards satisfying that 5 year requirement

 

[Unable_IM_Disabled]

Interesting to note about the 5 year rule, example 16 of the OPM letter shows that if you retire as a frontline controller, the rest of your time on disability pension will count towards satisfying that 5 year requirement

Good catch! Thank you for joining the forum and for contributing to the discussion.

 

[faa_slave]

Disability retirement was the best decision I made. My health is actually getting better now that I'm not pushed to the breaking point. Shortly after my Federal Disability approval, I was approved for 100pct P&T disability from the VA.

I lost my medical due to some mental stuff. The FAA cannot force you to get treatment. However, the FAA can absolutely deny you staff/admin work for that 12 months. Be prepared for that. I was given 3 days a week, most of which were just mingling in the facility.

From the time my package was submitted by HR to my first payment was about 3 months.

 

[Unable_IM_Disabled]

Disability retirement was the best decision I made. My health is actually getting better now that I'm not pushed to the breaking point. Shortly after my Federal Disability approval, I was approved for 100pct P&T disability from the VA.

I lost my medical due to some mental stuff. The FAA cannot force you to get treatment. However, the FAA can absolutely deny you staff/admin work for that 12 months. Be prepared for that. I was given 3 days a week, most of which were just mingling in the facility.

From the time my package was submitted by HR to my first payment was about 3 months.

Sorry to hear about your health issues and the loss of your medical, but congratulations on being approved for disability retirement!

You’re right that the Agency can deny Article 45 duties. However, in my opinion, disabled employees should rarely request Article 45 duties, but instead ask to be placed on paid leave and subsequently LWOP. Here's why:

1. Avoid exposure to hazardous working conditions. The Agency's asbestos-laden, mold-contaminated, rat-infested buildings are often also plagued by poor ventilation and inadequate temperature control. The attached report (check out the pictures!) was released around the time I was hired, so it’s a bit old, but its contents still seem relevant in that very little has been done over the years to address these issues.
2. Leverage the true value of your disability retirement annuity. Continuing to work in the FAA after you become eligible for disability retirement (or even regular retirement, for that matter) invariably triggers an immediate pay cut of your current rate of pay. The amount of the pay cut is inversely proportional to the number of hours you work —the fewer the hours, the larger the reduction in pay for work performed.

Let’s dive into the details of #2 with a scenario that incorporates your 3-day workweek on Article 45 duties.

---

Example:​

Joe is an air traffic controller with a basic adjusted salary of $104,350, or $50.00/hour. His basic (before locality) salary is $84,175, and he works at a facility that gets a 5% CIP differential. He earns a total of 10 hours of combined AL/SL leave every pay period. His current total balance of AL and SL is zero.

The hourly CIP rate for all hours in paid status (including AL/SL) is $2.00 ($84,175 * 0.05 / 2,087 hours). The average per-hour value of 10 hours of AL/SL is $6.50 ($52 * 10 / 80 hours), while the per-hour value of the 5% TSP match is $2.50 ($50 * 0.05).

So, Joe’s total hourly compensation value is $61.00, but let’s adjust for FICA tax (-7.65%) to make a fair comparison, since the FERS disability retirement annuity is not subject to FICA deductions. We’ll also assume Joe was hired on or after 01/01/2014 with a FERS-FRAE rate of 4.9%. That’s another $2.99 to deduct from his hourly compensation value.

Joe, disenchanted with the direction the union was heading, had already resigned from NATCA a few years ago, so there's no need to make a 1.4% adjustment between Article 45 pay and the disability retirement annuity.

Thus, Joe’s final adjusted hourly wage is $53.34—this is the value of the compensation he would receive for every hour worked on Article 45 duties.

---

Immediate Disability Retirement vs. Article 45:​

Assuming Joe’s high-three salary is $97,000, his disability retirement annuity at 40% would be $38,800 annually, or about $18.59 per equivalent work-hour ($38,800 / 2,087). While the annuity is 60% during the first year, we’ll use 40% because using 60% would result in incorrect, inflated values.

Joe can be placed on LWOP (Leave Without Pay) as soon as he becomes incapacitated. The effective date of his disability retirement would start immediately. This means Joe would beging to earn $18.59 per hour without doing any work.

---

Comparison:​

Instead of LWOP, Joe could request Article 45 duties. His hourly compensation for this would be $53.34, but the effective value after subtracting the disability retirement annuity ($18.59) is just $34.75 per hour—a significant pay cut. This is assuming joe is approved for full-time (40 hrs/week) of Article 45 duties.

Part-time Article 45 duties skew this even further. If Joe worked only 3 days a week (24 hours of paid status, plus 1.5 hours of unpaid meal breaks, totaling 25.5 hours spent at the workplace), he would earn a total weekly amount of $1,204.80. But the value of his disability retirement annuity (at 40 hours per week without any waste due to unpaid meal breaks) would be $743.60.

The difference between the two weekly amounts is $461.20. This means that for each of the 25.5 hours Joe spends working part-time on Article 45 duties, he’s effectively earning just $18.09/hour—a 34% pay cut from his original hourly rate of $53.34.

In order to not overcomplicate things, I will leave other considerations out of the equation, such as transportation expenses and time spent commuting to/from the workplace when on Article 45 duties. However, keep in mind that these costs are virtually zero when it comes to disability retirement.

---

Conclusion:​

I don’t know how others feel about this, but if I were in Joe’s position, I wouldn’t want to deal with the FAA for a measly $18.09 per hour. I’d rather take $743.60 a week in disability retirement and supplement that income with additional work in the private sector, either part-time or full-time.

Highly compensated federal employees, particularly those at the federal pay cap with high CIP differentials earning over $115/hour in combined base pay and CIP, may find that their time spent on Article 45 duties is still worth more than what they could earn in the private sector, even after accounting for the pay reduction described above.

For the average Joe —no pun intended— whose pay aligns more closely with the example above, the decision to opt out of Article 45 duties should be much clearer.

 

[Unable_IM_Disabled]

QUESTION FROM A MEMBER:


Great posts you've made about the early retirement route. I've been doing research on the topic in the past since flight service only exists in Alaska now and the Agency and NATCA have done nothing to incorporate our career path to have any movement outside of Alaska. We also don't have the 31-year maximum entry age so some of us are up there in age. For example, I'm almost 45 and only have 5 years of 2152 time, but have 13 years total time in service with other FAA time and buyback of military time.

One potential hiccup is that the Vision 100 language referencing USC2109(1)(A)(i) seems to only add language entitling the 1.7% retirement for "at least 5 years of service" for controllers not including Flight Service because we are 2109(1)(A)(ii). I believe this is what people are talking about when they say we need to complete the entire 20 years in order to receive the 1.7% or all of our retirement will be the lower 1.1%. Working in Alaska until I'm nearly 60 years old and maintaining excellent health seems challenging.

In your opinion does it look like Flight Service would get a lower percentage with a medical retirement?

Thanks for all the great info. And I know you're not AI. Actually, I have discussed this topic with AI and it gave me incorrect information. It was telling me that the difference in Flight Service and the rest of air traffic was a rumor, but unfortunately the difference is spelled out in Vision 100 and CFR2109.
________________________________________________________________________________________________________________________________________________________________________________



All federal employees who qualify for FERS disability retirement continue to accrue years of service in their last position of record while on disability retirement until they reach age 62, at which point the disability retirement converts to a regular FERS retirement.

Based on this premise, the argument in the Adkins case was that Special Provision employees —of which both Air Traffic Control Specialists and Flight Service Station Specialists are members— are entitled to continue receiving creditable service (“good time”) as if they had continued working in their last position of record while on disability retirement. As we know, the U.S. Court of Appeals for the Federal Circuit agreed with this interpretation.

FSS Specialists (5 U.S.C. § 2109(1)(A)(ii)) are not covered under the Century of Aviation Reauthorization Act. As a result, FSS Specialists are never eligible to receive credit at the 1.7% rate beyond the 20-year cap because they retire under 5 U.S.C. § 8412(e), with their annuity calculated pursuant to 5 U.S.C. § 8415(e).

ATCSs (5 U.S.C. § 2109(1)(A)(i)) with more than five years of air traffic control service, on the other hand, have their annuities calculated under the formula set forth in 5 U.S.C. § 8415(f). When they retire under 5 U.S.C. § 8412(a) with more than 30 years of service and have reached their Minimum Retirement Age (MRA), their annuities are not subject to the 20-year cap. For most current employees, the MRA is age 57—an age that is comfortably met when a disability retirement converts to a regular FERS retirement at age 62.

Based on the foregoing, FSS Specialists who become disabled will continue to accrue creditable service at the 1.7% rate while on disability retirement, subject to the 20-year cap, because they are treated as if they remained employed in their last position of record until age 62 when their disability retirement converts to regular FERS.

After enactment of the Vision 100 bill in 2003, OPM required the DOT and DOD to certify the type of air traffic control service performed by each retiring employee so that retirement calculations could be completed correctly. These service types included ATCS, FSS, first-level supervisor, and second-level supervisor positions.

Excerpt — OPM Benefits Administration Letter #10-105 (The full document can be found in post #19)​

After Public Law 108-176, the Vision 100—Century of Aviation Reauthorization Act, was enacted on December 12, 2003, OPM required the Departments of Transportation and Defense to certify all air traffic controller service, broken down by the type of service performed. For purposes of this certification, there were four categories of ATC service:

• “Frontline” service, in which the ATC was actively engaged in the separation and control of air traffic (5 U.S.C. § 2109(1)(a)(i));
• Preflight/Inflight/Airport Advisor service (5 U.S.C. § 2109(1)(a)(ii));
• First-level supervisor service (5 U.S.C. § 2109(1)(B)); and
• Second-level supervisor service (5 U.S.C. §§ 8331(29) and 8401(35)).

OPM required these agencies to certify the applicable service whenever an employee separated after performing any such service and to forward the certification to OPM if the separation was for retirement or death.

---

NOTE: All references to the U.S. Code in this analysis are from the 2025 edition. There are minor discrepancies in subsection and paragraph numbering between the current U.S. Code, the Vision 100 bill, and the OPM Benefits Administration Letter, as the latter two date from 2003 and 2010, respectively. These discrepancies are not substantive and do not affect the analysis. Those of you who prefer exact alignment may consult the historical 2010 version of the U.S. Code. I personally used the 2010 as a cross-reference document while preparing this analysis but ultimately opted to cite from the most recent version of the U.S. Code.

---

DISCLAIMER: None of the information provided herein should be construed as legal advice. I am attempting to answer general questions to the best of my knowledge, based on my—possibly incorrect—understanding of the applicable rules and regulations. I cannot be held liable for any inaccuracies. Always seek competent legal advice before making career-altering decisions.

 

[MoingoBoingo]

Sorry to hear about your health issues and the loss of your medical, but congratulations on being approved for disability retirement!

You’re right that the Agency can deny Article 45 duties. However, in my opinion, disabled employees should rarely request Article 45 duties, but instead ask to be placed on paid leave and subsequently LWOP. Here's why:

1. Avoid exposure to hazardous working conditions. The Agency's asbestos-laden, mold-contaminated, rat-infested buildings are often also plagued by poor ventilation and inadequate temperature control. The attached report (check out the pictures!) was released around the time I was hired, so it’s a bit old, but its contents still seem relevant in that very little has been done over the years to address these issues.
2. Leverage the true value of your disability retirement annuity. Continuing to work in the FAA after you become eligible for disability retirement (or even regular retirement, for that matter) invariably triggers an immediate pay cut of your current rate of pay. The amount of the pay cut is inversely proportional to the number of hours you work —the fewer the hours, the larger the reduction in pay for work performed.

Let’s dive into the details of #2 with a scenario that incorporates your 3-day workweek on Article 45 duties.

---

Example:​

Joe is an air traffic controller with a basic adjusted salary of $104,350, or $50.00/hour. His basic (before locality) salary is $84,175, and he works at a facility that gets a 5% CIP differential. He earns a total of 10 hours of combined AL/SL leave every pay period. His current total balance of AL and SL is zero.

The hourly CIP rate for all hours in paid status (including AL/SL) is $2.00 ($84,175 * 0.05 / 2,087 hours). The average per-hour value of 10 hours of AL/SL is $6.50 ($52 * 10 / 80 hours), while the per-hour value of the 5% TSP match is $2.50 ($50 * 0.05).

So, Joe’s total hourly compensation value is $61.00, but let’s adjust for FICA tax (-7.65%) to make a fair comparison, since the FERS disability retirement annuity is not subject to FICA deductions. We’ll also assume Joe was hired on or after 01/01/2014 with a FERS-FRAE rate of 4.9%. That’s another $2.99 to deduct from his hourly compensation value.

Joe, disenchanted with the direction the union was heading, had already resigned from NATCA a few years ago, so there's no need to make a 1.4% adjustment between Article 45 pay and the disability retirement annuity.

Thus, Joe’s final adjusted hourly wage is $53.34—this is the value of the compensation he would receive for every hour worked on Article 45 duties.

---

Immediate Disability Retirement vs. Article 45:​

Assuming Joe’s high-three salary is $97,000, his disability retirement annuity at 40% would be $38,800 annually, or about $18.59 per equivalent work-hour ($38,800 / 2,087). While the annuity is 60% during the first year, we’ll use 40% because using 60% would result in incorrect, inflated values.

Joe can be placed on LWOP (Leave Without Pay) as soon as he becomes incapacitated. The effective date of his disability retirement would start immediately. This means Joe would beging to earn $18.59 per hour without doing any work.

---

Comparison:​

Instead of LWOP, Joe could request Article 45 duties. His hourly compensation for this would be $53.34, but the effective value after subtracting the disability retirement annuity ($18.59) is just $34.75 per hour—a significant pay cut. This is assuming joe is approved for full-time (40 hrs/week) of Article 45 duties.

Part-time Article 45 duties skew this even further. If Joe worked only 3 days a week (24 hours of paid status, plus 1.5 hours of unpaid meal breaks, totaling 25.5 hours spent at the workplace), he would earn a total weekly amount of $1,204.80. But the value of his disability retirement annuity (at 40 hours per week without any waste due to unpaid meal breaks) would be $743.60.

The difference between the two weekly amounts is $461.20. This means that for each of the 25.5 hours Joe spends working part-time on Article 45 duties, he’s effectively earning just $18.09/hour—a 34% pay cut from his original hourly rate of $53.34.

In order to not overcomplicate things, I will leave other considerations out of the equation, such as transportation expenses and time spent commuting to/from the workplace when on Article 45 duties. However, keep in mind that these costs are virtually zero when it comes to disability retirement.

---

Conclusion:​

I don’t know how others feel about this, but if I were in Joe’s position, I wouldn’t want to deal with the FAA for a measly $18.09 per hour. I’d rather take $743.60 a week in disability retirement and supplement that income with additional work in the private sector, either part-time or full-time.

Highly compensated federal employees, particularly those at the federal pay cap with high CIP differentials earning over $115/hour in combined base pay and CIP, may find that their time spent on Article 45 duties is still worth more than what they could earn in the private sector, even after accounting for the pay reduction described above.

For the average Joe —no pun intended— whose pay aligns more closely with the example above, the decision to opt out of Article 45 duties should be much clearer.

Can they fire you if you don’t accept article 45 duties that they find? How do you deny it without backlash from the faa?

 

[Move78]

Can they fire you if you don’t accept article 45 duties that they find? How do you deny it without backlash from the faa?

They won’t let you take leave?

 

[Unable_IM_Disabled]

Can they fire you if you don’t accept article 45 duties that they find? How do you deny it without backlash from the faa?

ARTICLE 45
TEMPORARILY DISABLED EMPLOYEES/ASSIGNMENTS

Section 1.
At his/her request, an employee who is temporarily medically
or physically unable to perform active air traffic control duties, shall be
assigned other facility duties, to the extent such duties are available.


If you do not wish to be considered for other available facility duties under Article 45, simply do not make the request.

The choice is yours, not the Agency's.