Will My OPM Disability Retirement Benefit Payment Ever Change?
Are you currently trying to determine your eligibility for Office of Personnel Management (OPM) disability retirement benefits? Or, if you are already in the process of seeking benefits or have been approved, do you have questions or concerns about continued eligibility as time passes? One question that is common among federal employees who receive disability retirement benefits is whether they can expect for the benefit to remain the same amount as long as they are eligible, or whether there are circumstances in which the benefit may change.
If you are considering OPM disability retirement benefits, you likely already know that these benefits are specifically for employees who are in a federal civilian position that is creditable under the Federal Employees Retirement System (FERS) and have been in that position for at least 18 months. In general, your OPM disability retirement benefit is based on your earnings while in that position, but there are a couple of scenarios in which your benefit amount could change. Our OPM disability retirement benefit lawyers can explain in more detail.
Recalculation of Your Disability Benefit in the Second Year
Your disability retirement benefit may be recalculated in the second year. As the OPM explains, in the first year, many individuals receive a disability retirement benefit that is 60 percent of their high-3 average salary (i.e., “the highest average basic pay you earned during any 3 consecutive years of service,” according to the OPM) minus 100 percent of their Social Security benefit.
When this is a relevant circumstance during the first year, the recipient’s annuity “will be recalculated at 40 percent of your high-3 average salary beginning the second year minus 60 percent of your monthly Social Security benefit or your earned benefit, whichever is higher, if applicable,” the OPM explains.
Recalculation at Age 62
You should also anticipate that your disability benefit will be recalculated once you reach the age of 62. At this age, your total benefit will be recalculated as if you had worked until you were 62 years old.
You should expect this recalculation to occur once you turn 62. If you have any questions about this recalculation, a lawyer can provide you with more information.
Cost of Living Adjustments (COLAs)
Finally, in addition to the two statutory situations above that can result in a disability benefit changing, federal benefits are often subject to cost of living adjustments, or COLAs, which involve an increase in the benefit amount to account for the increase in the cost of living. When COLAs occur, you may see your benefit increase.
Contact Our National OPM Eligibility Attorneys for Assistance with Your Disability Retirement Benefits
Whether you are in the early process of seeking OPM disability retirement or you have questions or concerns about your continued eligibility and benefit amount, a lawyer with experience handling OPM disability retirement cases can help. Our firm can discuss issues of initial and continued eligibility with you, and we can answer any questions you have about the eligibility process more generally. Do not hesitate to reach out to an experienced national OPM eligibility lawyer at the Law Offices of Stephen Barszcz. Contact us today for assistance.
Source:
opm.gov/support/retirement/faq/disability-benefits/
