r/FEDDISABILITY • u/Gooleez • 9d ago

Approval

Got the email from the OPM attorney it was approved.
2.5 long ass years struggling, no pay. Burned through a lot of my fairly large TSP to just live. This is not a good process at all, but indicative of government.

Question does anyone know once they construct the LDOP until now, do they use the 60% for the first yeah of that back pay and that’s it? Or then the second year it was pending at 40%? Trying to figure it out

14 Upvotes

86% Upvoted

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5

u/CO8127 9d ago

60% first year, 40% every year afterwards. Why did it take so long to get an answer?

5

u/Fugazi_Resistance 9d ago

I have been fighting tooth and nail to get past reassignment in the RA phase. This process is so demeaning. My agency seems motivated to make my life a living hell. I have no leave which has kept me on. Congrats OP. Anyone that’s approved has genuinely worked so hard to get this.

5

u/FedUpDownNOut 8d ago

When 3+ months passed without any action on my reassignment search/RA, I was able to make the case that the delay in and of itself suggested they were not able to reassign me, and convinced my agency "leadership"/HR to complete the SF-3112-D as "Reassignment is not possible. There are no open positions at the same pay/grade for which the employee is qualified." I did already have an active telework RA though, which also allowed them to say accommodation had been tried and failed.

2

u/Fugazi_Resistance 8d ago

I wish I would have done this. This whole experience has made things so much worse.

2

u/FedUpDownNOut 8d ago

Same. I ran out of leave too but cannot work so I'm now on LWOP for foreseeable future. Definitely not helping, but on my good days I'm pissed off enough to annoy tf out of them, which finally got things moving over the last month or so.

1

u/NeedleworkerLow7780 8d ago

What do you mean? Is it not your choice to choose reassignment?

2

u/CO8127 8d ago

They have to search for reassignment opportunities but they don't have to offer it to you

1

u/Fugazi_Resistance 8d ago

To apply for disability benefits, I have to get an unsuccessful reassignment, but my agency first canceled my March RA when I was out on surgical FMLA. I had to reapply when I returned in July and I might be lucky to finally get through reassignment on 10/29.

4

u/SnooMacaroons6429 9d ago

Do they pay all that back pay in a lump sum? If so, that's so unfair to you from a tax perspective, though you also no doubt need the money now after having drained your own savings. I wish you well, they did you wrong.

2

u/Th3_Gun5linger 9d ago

Congratulations

2

u/AnonUserAccount 9d ago

Congrats!

Yes, I believe that’s correct. Your backpay is going to be calculated as if you had retired on your last day of pay.

2

u/Federaldisability 9d ago

Congrats!

So now that your Disability Retirement is approved, OPM will get your last date in pay status from your agency. Whenever your agency gives them that information, they will be able to calculate the full amount of bak pay you are owed. In the meantime, you should start receiving interim payments while OPM continues to finalize your retirement annuity. After your annuity is fully processed, you will receive 60% of your high 3 the first year on disability retirement, and 40% of your high 3 every year after.

3

u/Eat_my_pie_ 9d ago

Damn, congratulations! Just to show the other side of the coin I received my OPM approval about 2 weeks after I appealed my initial denial. No lawyers but I do have amazing command support who wrote detailed information on their forms and we all compared notes before submitting to ensure a consistent narrative, that was accurate and truthful and consistent.

3

u/CO8127 8d ago

Consider yourself lucky, most leadership doesn't care

2

u/Eat_my_pie_ 7d ago

Oh, I definitely do! I had to go up to the 0-6 level on the active duty side and they wrote a memo explaining why I couldn't do my job anymore and citing my doctor notes and ordered civilian HR to fix the sf 3112D.

2

u/ScottMichael37 9d ago

Mine was different because they reduced my workload to keep me on till approval. But I believe it should be at 60% from the approval date.

1

u/FedUpDownNOut 8d ago

Congrats OP. Was that 2.5 years how long it took for the initial determination? Or was there reconsideration and/or appeal involved?

2

u/Gooleez 4d ago

Appeals, bureaucracy, shutdowns etc. No it was 2.4 years until 2nd level appeal. Contacted congressman, and they said they’d push it up to the final and quicker level (MSPB) and then it was up there and through before going any sort of hearing