The federal government offers numerous programs to support disabled veterans who have transitioned into civilian life after serving their country.
When this civilian life includes employment in a federal agency, understanding the extent of your rights and benefits can be complicated.
Many veterans with service-related disabilities know that they can receive financial support for their condition from the VA.
However, they often wonder: Can a veteran receive both federal disability and retirement benefits in addition to VA disability?
This blog post will break down the basic relationship between OPM disability retirement and VA disability benefits for federal employees who are veterans.
We’ll also answer some common questions, such as:
- Does VA disability affect my federal retirement pay?
- Can I collect benefits simultaneously?
- How do I apply for federal disability benefits?
Remember that this is a general overview of how these different federal benefits interact. It’s best to consult with one of our OPM disability retirement attorneys for detailed information about your situation.
Get started by calling (800) 801-0598 or reaching us online today.
“Pines Federal handled my disability retirement with such a professional manner… I felt as if I was more than just a client to them, that they cared about the outcome as much as I did… I would HIGHLY recommend that if you are needing answers to questions that you allow Pines Federal a chance to work with you.
What Is the Difference Between OPM Disability Retirement and VA Disability Benefits?
Although both programs support disabled employees, they work in different ways.
The Veterans Affairs (VA) disability program provides monthly financial compensation to veterans with service-connected medical conditions. To qualify for VA disability, a veteran’s injury or illness must have come from their active duty service or training. A pre-existing injury or illness that got worse during time in service can also qualify someone for VA disability.
The VA evaluates qualifying servicemembers and assigns them a disability rating based on the severity of their condition. This rating will determine how much financial assistance you can receive every month.
For example, imagine a servicemember suffered a herniated disk in their back during a deployment. They receive treatment, but the VA gives this person a disability rating of 20% because they still suffer prolonged and incapacitating episodes several times a year.
After discharge, the veteran takes a new job at the TSA. They still receive monthly benefits checks from the VA, even though their disability doesn’t prevent them from working in a federal civilian role.
By contrast, OPM disability retirement is for federal employees who cannot work due to a debilitating medical condition. In essence, the program allows disabled federal employees to retire from work and receive monthly financial support through federal benefits.
To be eligible, federal employees must have:
- 18 months of credited civilian service,
- A role covered by the Federal Employees Retirement System (FERS),
- A medical condition that prevents them from receiving accommodations or a qualified reassignment, and
- A diagnosis expected to last at least 12 months.
Put simply, OPM disability benefits are for people who are incapacitated for the long term. OPM disability payments are also monthly. The amount an employee can receive is calculated based on the average of the three highest income rates they received in their time with their agency.
Can a Veteran Collect OPM Disability Retirement and VA Disability as a Federal Employee?
Yes, veterans employed by the federal government can receive OPM disability benefits and VA disability simultaneously. They must apply for the two sets of benefits separately through the respective agencies. However, the order in which they apply generally doesn’t matter.
For example, consider the veteran with the herniated disk working at the TSA. If complications in their condition leave them unable to work after five years in federal service, they can now apply to receive OPM disability in addition to VA disability benefits.
A qualified veteran in federal service can also apply for VA disability and OPM disability retirement simultaneously.
Does VA Disability Affect FERS Retirement for Disability?
Good news for veterans. Generally, your VA disability compensation doesn’t impact the amount of federal disability benefits you can receive. If you’re an eligible FERS employee approved for OPM disability, your ongoing VA payments shouldn’t affect it. All other federal benefits—e.g., life insurance and survivor payments—will also remain unaffected.
How Do Veterans Apply for OPM Disability Retirement?
Applying for OPM disability benefits as a federal employee involves many steps and can be time-consuming.
The following is an overview of the basic stages:
- Confirm eligibility. To qualify for OPM disability, you must be unable to work even with employer accommodations or job reassignment. Ensure you’ve discussed your situation with your employer and ensure no suitable accommodations or alternate positions are possible.
- Gather evidence of disability. You’ll need documentation from a medical professional verifying the extent of your disability and its impact on your life. This documentation often includes medical records, diagnostic tests, and a letter from your doctor.
- Apply for SSDI. Federal employees must file for Social Security Disability (SSDI) as part of their application for OPM disability retirement.
- Submit federal disability retirement forms. You’ll also need to complete several forms to finalize your retirement application with OPM.
Because the federal disability application process is so detailed, you should seek help from a professional who understands the complexities of federal employment benefits.
If you’re a veteran currently working for a federal agency, the attorneys at Pines Federal can help ease the burden of applying for OPM disability. Our attorneys can demystify the application process and provide advice and support at each step of the way.
Where Can I Get Help Applying for OPM Disability?
Applying for any federal program requires detailed knowledge and understanding; especially when other factors, such as eligibility for multiple benefits, come into play.
In these situations, it is doubly important to make sure that you have engaged the services of an experienced law firm to ensure that you are not sabotaging your chance to be approved for all potential benefits.
Contact us online or call (800) 801-0598 for expert advice on applying for OPM Disability Retirement along with other Federal programs.
[DOWNLOAD] OPM Disability Retirement for Federal Employees
