Showing posts with label Retirement. Show all posts
Showing posts with label Retirement. Show all posts

Tuesday, November 29, 2011

Disability Retirement For Federal Workers - The Importance of a Coherent and Consistent Application

Federal and Postal employees either fall into one of two possible retirement systems: FERS (an acronym for Federal Employee Retirement System) or CSRS (Civil Service Retirement System). Whichever system the Federal or Postal employee falls under, the benefit of Federal Disability Retirement is an option which is available, in the event that a Federal Government worker is no longer able to perform at least one of the essential elements of one's job. Remember that, in order to qualify for Federal Disability Retirement benefits, the medical condition or injury does not have to be job-related. Indeed, one could have incurred a career-ending spinal injury while on a skiing trip, and still qualify for Federal Disability Retirement benefits under either FERS or CSRS.

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The Agency which determines that a Federal or Postal Employee is entitled to Federal Disability Retirement benefits is the Office of Personnel Management (OPM). They are empowered by statutory authority to scrutinize each application for approval or disapproval. In order to be eligible for the benefit of Federal Disability Retirement, one must prove, by a preponderance of the evidence, three basic components:

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(A) a Federal or Postal employee under FERS or CSRS has a medical condition;
(B) the medical condition prevents him or her from performing one or more of the essential elements of one's job; and
(C) that the Agency is unable to accommodate the individual or, alternatively, to reassign the individual to a position in the same pay or grade.

In order to successfully prepare and submit an application for Federal Disability Retirement benefits, two overarching elements should always be kept in mind: Coherence and Consistency. "Coherence" has to do with the form of the application, while "consistency" has to do with the content, or substance of the application. Both elements are important in preparing an effective Federal Disability Retirement application. Thus, an effective Federal Disability Retirement application will make logical sense and "fit together" with everything (coherence), as well as have an internal structure of information which agrees with one another (consistency).

How does one prove that he or she is eligible for Federal Disability Retirement benefits? Is there a table or schedule of accepted medical conditions? As to the latter question, the general answer is "No". Qualifying medical conditions have more to do with the symptoms of a medical condition, rather than the formal diagnosis. Thus, physical conditions can range from Cervical & Lumbar diseases, Degenerative Disc Disease, Spondylolisthesis, Ankylosing Spondylitis, Failed Back Syndrome, Chronic Pain; Fibromyalgia; to total hip replacements which limit and restrict flexion and mobility; cardiac issues; migraine headaches; Chronic Fatigue Syndrome; Chemical Sensitivity issues; Asthma; Hypothyroidism; Plantar Fasciitis; Carpal Tunnel Syndrome; shoulder problems, often referred to as bursitis or shoulder impingement syndrome; trochanteric bursitis; lupus, Multiple Sclerosis, as well as a great many other conditions which are not named here, and which are too numerous to catalogue. As for Psychiatric conditions, the list can be just as long: Major Depression, Anxiety, Panic Attacks, Bipolar Disorder, Agoraphobia, Obsessive-Compulsive Disorder, Generalized Anxiety Disorder, ADD & ADHD; Paranoia; Schizophrenia; Asperger's Syndrome; and multiple other psychiatric conditions. Whether attempting to file for Federal Disability Retirement benefits based upon a physical medical condition or a psychiatric medical condition, it is important to prove that one is eligible for the benefit.

Which brings us to the first question: How does one prove that he or she is eligible for Federal Disability Retirement benefits, either under FERS or CSRS? In any application for Federal or Postal Disability Retirement benefits, one must make sure that the application is both coherent, as well as consistent. Coherence of an application results when all of the various components of the application "fit" together. Thus, for example, in preparing the Applicant's Statement of Disability (SF 3112A), Block 4 asks the applicant to "Fully Describe Your Disease or Injury". If the disease or injury is a physical one, then the focus of the narrative should be to describe the pain, the physical restrictions and limitations, etc. Then, when one comes to Block 5, where it asks how your disease or injury interferes with the performance of "your duties, your attendance, or your conduct," the focus should have a coherence with the previous answer - meaning that, if the narrative described physical issues, the impact upon one's job should therefore focus upon the physical aspect of the job. Thus, by way of example, to say that you "cannot concentrate or focus" upon a certain aspect of the job, would only be coherent if either (A) the job required cognitive-intensive work and the severity of the pain impacted one's cognitive faculties, or (B) the medications prescribed to alleviate the physical condition impacts one's focus or concentration. Conversely, if the narrative concerning one's medical condition entails primarily psychiatric issues, then the impact upon one's job should encapsulate cognitive issues (i.e., focus, concentration, ability to analyze, evaluate, etc.). As you can see, coherence in an application for Federal Disability Retirement benefits is an important component.

Furthermore, an effective application for Federal Disability Retirement benefits under FERS or CSRS should be consistent. Each element of the application should "agree", wherever possible, with all of the other components. Where inconsistencies occur - for example, between what the treating doctor says and what the applicant states in his or her explanation on SF 3112A - a red flag may arise, providing an opportunity for a denial from the Office of Personnel Management. Thus, don't try to "oversell" the description of the medical condition. Remember how, when you were deathly ill but your voice sounded perfectly normal over the telephone? You had to call in sick, and you had to "sound like" you were sick, even though you were in fact deathly ill. In preparing a Federal Disability Retirement application, this is not the time to "sound like" something more than what the treating doctor states.

Ultimately, the success or failure of a Federal Disability Retirement application under FERS or CSRS as submitted to the Office of Personnel Management will depend upon the coherence and consistency of the application. Preparation is the key to success, and it is important to always remember that coherence and consistency are two elements which must always guide the formulation, preparation and submission of a successful Federal Disability Retirement application.

Disability Retirement For Federal Workers - The Importance of a Coherent and Consistent Application

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Thursday, October 13, 2011

Application Guidelines for Social Security Retirement Benefits

If you are nearing retirement age, you are likely ready to take advantage of the benefits your career has earned you. If you live in America this of course includes Social Security. But in order to insure you receive maximum benefits from this government program you need to know how the application is scored before you apply. Following the guidelines listed in this article will assist you in making the best decisions for you and your spouse when it comes to the monthly benefits you receive.

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There are several decisions you need to make when before filling out your Social Security application. Are you going to apply early (age 62) or wait until your full retirement age (age 66)? If you are married, you must calculate if it is better to apply based on you or your spouse's earnings. When do you want your spouse to begin receiving benefits? How will your benefits be affected if you or your spouse dies? How does being divorced or widowed affect your Social Security payments? All of these questions need to be considered in advance.

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The first thing to understand is that your benefits will be based on your top 35 years of earnings. Recognizing that most people earn more in the last years of their career, it is quite beneficial to continue working if you can add more high earning years to your portfolio. Working just one or two more years with a high salary could substantially increase the amount of Social Security benefits you receive during retirement.

The simple answer for when to retire is to delay it as long as you can. For every year you retire early your Social Security benefit will be adjusted lower. If you retire at age 62 then you will get the maximum reduction of 25%. On the other hand, waiting until full retirement age will increase your monthly benefits by as much as 30%.

Married individuals have the option of collecting Social Security retirement benefits based on their own earnings, or they can collect half of the spouse's benefit. If both parties have worked most of their lives then this will take some planning and calculation. In short, if a spouse has earned significantly more over their career then it is likely the half benefit is more beneficial. However, it is essential to do the math before finalizing your application.

In cases of divorce, if you were married to your ex-spouse for 10 years or more and you are not currently married then you are eligible to receive up to 50% of your ex's benefits. Again you will need to calculate the advantages of this scenario, but if your spouse earned considerably more it is likely the best route to take. Note that using the ex-spouse benefit does not affect their benefits in any way.

The final topic we will discuss here is working during retirement. If you opt to collect Social Security early there is maximum earnings cap you must adhere to if you want to continue receiving benefits. However, once you reach full retirement age the earnings cap goes away. This is another reason to delay your application until full retirement. You will continue to pay Social Security taxes on your earnings, but if your earnings swell after retirement your benefits will be recalculated to include your latest contributions.

These are some simple guidelines to keep in mind when before submitting your Social Security application. The application process itself is not overly complicated, but your decisions about how you apply are very important. Those with complex histories are advised to speak with a professional before progressing with the application. Doing so could add hundreds of dollars to your monthly benefits.

Application Guidelines for Social Security Retirement Benefits

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