Ask The Experts: Retirement

By Reg Jones

Social Security Disability penalty and OWCP benefits

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Q. I am a former federal employee of the Pennsylvania Air National Guard. I had 10 years of service when I sustained a work-related injury on federal status. This injury caused me to lose my military membership and then I was involuntarily separated from my federal job as well.

I was in the CSR retirement program when I was terminated and elected Office of Workers’ Compensation Program benefits although I was accepted for CSRS disability retirement. I accepted OWCP because I would receive military loss pay as well.  I was then put in a loss of wage earning capacity program on a permanent partial disability with OWCP.

I have worked in the private sector for the past 22 years and I was recently accepted for Social Security Disability. When my benefits were calculated, they were reduced 80 percent. SSDI stated I can not be enrolled in OWCP benefits without taking a reduction from SSDI.

Is there some type of provision which will allow me to collect SSDI full benefits, as they are basing my income on a job I lost in the federal sector 23 years ago?  I feel this is unfair and I was told by SSDI it’s the law whether they agree with it or not.

A. Unfortunately for you, it is the law.

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Comments

  1. SSDAdvocate Says:
    March 25th, 2012 at 9:15 pm

    You may be able to answer this question, and others like it at the website that I run in order to help people navigate the complicated and often difficult Social Security Disability application practice. Check out Social Security Disability Help at http://www.socialsecuirty-disability.org today.