| -- End Ad Box ---> | | | | compensation."). |
| The rabbit had been able to elude the fox, | | | | Thus, when OWCP terminates your payments |
| hopping safely into the arms of a briar patch and | | | | (and there is a very good chance that this will |
| out of the immediate reach of the hungry | | | | happen at some point in the near future), it is a |
| predator. Seeing that he would not be able to | | | | wise option to have your disability retirement |
| have the rabbit for a meal, he decided instead to | | | | benefits approved, but held in an inactive status. |
| show concern. Are you alright, my friend? | | | | You have every right to elect one benefit over |
| he asked, trying to put on an expression of | | | | the other. Indeed, if you wanted to, you are |
| empathy. | | | | allowed to go back and forth between OWCP and |
| Quite well, thank you, replied the rabbit, still | | | | FERS/CSRS disability retirement. |
| panting from the close call and looking to and | | | | As a secondary issue on this matter, take a close |
| from with suspicion. | | | | look at 5 U.S.C. Section 8106 on partial |
| Very well, then, said the fox, who began | | | | disability, and compare that definition with the |
| to walk away. He paused, turned around, and | | | | definition for disability retirement. In Section 8106 |
| added, I promise not to try and harm you | | | | (OWCP), the definition states in paragraph (c) (2) |
| anymore. | | | | that A partially disabled employee who refuses |
| Are you quite serious? asked the rabbit, | | | | or, neglects to work after suitable work is |
| surprised at this sudden announcement. | | | | offered to, procured by, or secured for him, is |
| Quite serious, the fox replied, then walked | | | | not entitled to compensation. This means that |
| away. As he walked, he uttered under his breath, | | | | if OWCP secures a job for you as a Walmart |
| At least -- not for today. | | | | greeter (you know, those individuals who smile |
| -- From More Fables, Ancient and New | | | | and say hello to you as you walk into the |
| At least once a month, I receive a call from an | | | | Walmart Superstore), and pay you the difference |
| individual who has been on total disability with | | | | between your salary and what Walmart pays -- |
| Federal Worker’s Comp for several years. | | | | and you decide to say no, OWCP has |
| The individual has been separated from service | | | | every right to cut off your payments. |
| from the Federal Government or the Postal | | | | On the other hand, under the laws concerning |
| Service for more than a year, and suddenly the | | | | FERS & CSRS disability retirement, 5 C.F.R.Sec. |
| Office of Workers Compensation Program sends | | | | 844.103 (a)(2) states that, in order to be eligible |
| the individual to a Second Opinion doctor, and | | | | for disability retirement, the individual "must, while |
| thereafter issues a declaratory finding that he or | | | | employed in a position subject to FERS, have |
| she is no longer disabled, and can return to work. | | | | become disabled because of a medical condition, |
| -- Not only has that individual lost his OWCP | | | | resulting in a deficiency in performance, conduct, |
| benefits, but he has also lost his right to file for | | | | or attendance, or if there is no such deficiency, |
| disability retirement under FERS or CSRS. | | | | the disabling medical condition must be |
| This is because, under the rules and regulations | | | | incompatible with either useful and efficient |
| for disability retirement, an individual must file with | | | | service or retention in the position." |
| the Office of Personnel Management within one | | | | The difference here is that, under OWCP, if you |
| year from the date he or she is separated from | | | | are 'partially disabled', if you are offered any job |
| Federal Service (See 5 C.F.R. Sec. 844.201(a)(1) , | | | | that OWCP believes you can do, you must |
| where it states that, "Except as provided in | | | | accept it. On the other hand, under FERS/CSRS |
| paragraphs (a)(3) and (a)(4) of this section, an | | | | disability retirement laws, if you are partially |
| application for disability retirement is timely only if | | | | disabled -- meaning that you simply cannot do at |
| it is filed with the employing agency before the | | | | least one or more of the essential elements of |
| employee or Member separates from service, or | | | | your job -- then you are entitled to disability |
| with the former employing agency or OPM within | | | | retirement benefits, and your agency or the |
| 1 year thereafter"). | | | | Postal Service cannot simply offer you any job; |
| Thus, a word of caution for those many | | | | they must offer you a job in the same pay or |
| individuals who receive the non-taxable payments | | | | grade, and one in which you are qualified or, if you |
| from OWCP -- continue to remain on OWCP for | | | | are in the Postal Service, then it must an |
| as long as possible, because it is certainly | | | | accommodation in the same craft. |
| financially advantageous over the taxable annuity | | | | Under the former (OWCP), you have no control |
| amount received from FERS/CSRS disability | | | | over your future (OWCP determines your |
| retirement -- but always remember that OWCP is | | | | future); under the latter (disability retirement), you |
| not a retirement system. If they don’t cut | | | | can obtain disability retirement benefits, and then |
| your payments off today, there is always | | | | take control of your future and work at another |
| tomorrow (refer to the fox in the fable, above). | | | | job of your choice, and make up to 80% of what |
| I always advise my disability retirement clients | | | | your (former) position pays, and still continue to |
| who are receiving OWCP benefits to remain on | | | | receive your disability annuity. |
| OWCP for as long as they can stand it (i.e., the | | | | Experiencing a medical disability is a traumatic, |
| persistent harassment, the constant oversight by | | | | life-changing event. Financial concerns are always |
| so-called "2nd opinion doctors", etc.) -- but to | | | | part of this life-changing event, and it is important |
| always have the FERS/CSRS disability retirement | | | | to secure one's financial future to the greatest |
| annuity approved as a back-up source of income. | | | | extent possible. Obtaining disability retirement -- |
| Individuals may file for disability retirement | | | | both the annuity as well as the health insurance |
| concurrently while on OWCP -- but you simply | | | | benefits -- is often the difference between a |
| cannot collect from both at the same time (See 5 | | | | secure future and financial poverty. It is therefore |
| C.F.R. Sec. 844.105, "Relationship to workers' | | | | extremely important to look upon disability |
| compensation. (a) Except as provided in paragraph | | | | retirement as a lifetime investment -- one which |
| (b) of this section, an individual who is eligible for | | | | must be obtained with an aggressive plan and |
| both an annuity under part 842 or 844 of this | | | | approach. |
| chapter and compensation for injury or disability | | | | I am an Attorney who represents Federal and |
| under subchapter I of chapter 81 of title 5, United | | | | Postal workers from all across the United States, |
| States Code (other than a scheduled award under | | | | including Alaska, Hawaii and Puerto Rico. I do not |
| 5 U.S.C. 8107(c)), covering the same period of | | | | charge for telephone consultations. |
| time must elect to receive either the annuity or | | | | |