CONTINUATION OF YOUR FERS DISABILITY ANNUITY
Federal employees, here’s something you should be aware of. Even after your disability claim has been approved, and after you have been receiving your disability retirement annuity, the Office of Personnel Management (OPM) still may require additional medical reviews from you to determine whether or not you have recovered from your disabling condition. This means that you may need to provide the OPM with updated medical documentation from your treating physician, or OPM may require you to have an annual physical examination, or both. Additionally, you will be responsible for all of the expenses related to your medical reviews.
Just as disability filing deadlines can affect the outcome of your claim, so too can your response or lack of it to the OPM’s request affect your benefits. You must respond. Failure to do so may result in a suspension of your disability annuity. Your disability payments will cease until it is proven that you continue to be disabled, creating a great deal of stress in your personal life. It’s best to avoid this and pay attention to any and all requests from the OPM.
Based upon the results and analysis of your medical review, the OPM may find that you have recovered from your disability. In that event, your disability annuity will be discontinued one (1) year from the date of your medical exam or review, or your annuity will discontinue when and if you return to the federal work-force – which ever comes first.
If and when you recover from your disability, you may be eligible for priority referral under the Interagency Career Transition Assistance Plan for Displaced Employees. Of course, there is no guarantee that you will be able to return to your former job position or that there will be another job position available for you. It simply means that all Federal agencies will consider you for positions you are qualified for. However, to benefit from this policy, you must apply directly to the agency (or agencies) with the specific job vacancy you are interested in. It is important to remain proactive through this entire process.
It also is wise to seek the advice of an attorney who focuses on FERS/CSRS disability law. He or she can help you to file a claim, obtain your annuity, and respond to the OPM when you need to. As with most government programs, the FERS/CSRS disability claims process can be cumbersome. An attorney knowledgeable in FERS/CSRS disability law knows the deadlines, the procedures, and can help to alleviate the stress so that you can concentrate on recovering.
SHINSEKI EXPANDS VETERANS APPEALS BOARD
As everyone who has ever had to file for VA benefits knows, the VA has a current backlog of nearly 600,000 claims. In an effort to move these claims along and help Veterans obtain their benefits in a more timely manner, Secretary of Veterans’ Affairs, Eric K. Shinseki announced the addition of four (4) new Veterans’ Law Judges to the Board of Veterans’ Appeals. This will allow the Board to increase the number of cases being decided.
“Veterans have earned the right to prompt, exhaustive and professional review of their claims for benefits,” says Shinseki. “This expansion of BVA (Board of Veterans’ Appeals) will enable Veterans to receive more expeditious decisions on their appeals . . . We must foster a responsive approach when we consider Veterans. Reducing the backlog of benefits and waiting times are essential to providing our Veterans and their families with the service they deserve.”
What Is The BVA?
The Board of Veterans’ Appeals is where Veterans go when they are dissatisfied with the decisions made by the Department of Veterans’ Affairs. Currently made up of 60 Veterans’ Law Judges, the Board of Veterans’ Appeals reviews decisions on claims made by the VA offices, and issues decisions on appeals. The judges are highly experienced specifically in VA law and benefits claims. Last year, the BVA decided 43,757 appeals. In fiscal 2009, they handled 48,804 cases.
VA ADVANCED FUNDING IS NOW LAW
Last month, President Obama signed the Veterans’ Health Care Budget Reform and Transparency Act (Advance Funding) into law. Says President Obama, “In short, this is common sense reform. It promotes accountability at the VA. It ensures oversight by Congress. It is fiscally responsible by not adding a dime to the deficit. And, it ensures that Veterans’ health care will longer be held to the annual budget battles in Washington.”
The intent of this new law is to allow the VA to continue to provide much-needed services to military personnel and their families despite probable budget approval delays from Congress. This is particularly meaningful to those Veterans returning from the Iraq and Afghanistan wars who often require continuing medical care.
From now on, the VA budget will be passed one year in advance, ending the over 20-year cycle of delays.
OBAMA SIGNS FERS SICK LEAVE CREDIT INTO LAW
After some obstacles in the Senate, the 2010 Defense Authorization Bill that includes a provision for FERS Sick Leave Credit, is now law. That means that retiring federal employees will receive credit for their sick leave, an advantage already enjoyed by workers in the Civil Service Retirement System.
The new law, phased in over four years, will allow federal employees 50 percent credit for unused sick leave through December 31, 2013. This changes on January 1, 2014, when they will receive full credit. Senator Daniel Akaka (D-HI) was the main sponsor of this amendment.
This new law contains several other provisions Senator Akaka strongly supported:
- Repeal of the National Security Personnel System (NSPS). This provision allows DoD and the Office of Personnel Management flexibility for performance management and hiring of DoD civilian employees;
- Part-time Service Correction, corresponding to S.469, which Senator Akaka co-sponsored. This corrects the calculation of part-time service for Civil Service Retirement System annuities; and,
- FERS Redeposit which allows former Federal employees who paid into the FERS system but withdrew their contributions upon leaving Federal service, to redeposit those contributions with interest upon reemployment with the Federal Government, and to receive service credit toward their annuities.
Source: akaka.senate.gov
A WORD ABOUT FEDERAL CIVILIAN EMPLOYEES & ACTIVE MILITARY DUTY . . .
Federal employees and Civil Service employees called to active military duty need to review their Employment Rights as stated by the Office of Personnel Management before deployment. A complete list of Employment Rights can be found at www.opm.gov. However, here are some basic benefits relating to FERS and CSRS retirement.
If you are a Federal or Civil Service employee called to active military duty and placed on Leave Without Pay (LWOP) status, you will continue to be covered by the Federal Employee Retirement System (FERS) or the Civil Service Retirement System (CSRS). If during your LWOP, you become disabled for your civilian position and have at least 18 months of civilian service under FERS or five years civilian service under CSRS, you then will be eligible for disability benefits under retirement law.
When you eventually retire from your civilian job, your military service may be creditable under either FERS or CSRS.
If you leave your civilian job to join active duty military, you may receive retirement credit for your active duty period when you return to your civilian position.