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Attorney Robert R. McGill will be answering questions about Federal Disability Retirement in a new forum at Martindale-Hubbell's Lawyers.com.

Latest Articles:

Federal and Postal Disability Retirement: The Frustrating Process 07/29/2010 by Federal Lawyer As with most administrative dealings with the government (Federal, State or local), the process itself is a frustrating one. Filing for Federal Disability Retirement benefits under FERS or CSRS [...]   Early Retirement for Disabled Federal Workers: The Percentage Language Game 07/28/2010 by Federal Lawyer To the question: "What medical disabilities do you have," is often the response in terms of a percentage language game: "The VA has given me a ____"; "My doctor rated me at____". [...]   OPM Disability Retirement: A Different Language Game 07/27/2010 by Federal Lawyer Wittgenstein was a philosopher who is well-known for his discussion about different "language games". In preparing a Federal Disability Retirement application under FERS or CSRS, [...]   Federal Worker Disability Retirement: Agency Accommodation Reiterated 07/26/2010 by Federal Lawyer In most cases, the agency is unable to accommodate the individual. By "accommodation" is often meant lessening the workload, or temporarily allowing for the medical conditions [...]   Federal Worker Disability Retirement: Not all Agencies are Equal 07/24/2010 by Federal Lawyer No names will be named. Not for purposes of "protecting the innocent", because it is doubtful that there are any innocent entities, anyway. Rather, the knowledge that there are some [...]   Medical Retirement Benefits for US Government Employees: Agency Adverse Actions 07/23/2010 by Federal Lawyer Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS. If one pauses for a moment, one can easily understand [...]   Federal Disability Retirement: Agency Overstepping 07/22/2010 by Federal Lawyer The Office of Personnel Management is the Federal Agency which reviews, evaluates and determines the eligibility of an applicant for Federal Disability Retirement benefits under FERS or CSRS. [...]   read all blogs »

844.105 Relationship To Workers' Compensation

Title 5 - Part 844:  Federal Employees' Retirement System (FERS)
Disability Retirement: Subpart A - General Provisions

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(a) Except as provided in paragraph (b) of this section, an individual who is eligible for both an annuity under part 842 or 844 of this chapter and compensation for injury or disability under subchapter I of chapter 81 of title 5, United States Code (other than a scheduled award under 5 U.S.C. 8107(c)), covering the same period of time must elect to receive either the annuity or compensation.

(b) Notwithstanding the provisions of paragraph (a) of this section, an individual may concurrently receive an annuity based on the individual's service under part 842 or 844 of this chapter and a benefit under subchapter I of chapter 81 of title 5, United States Code, on account of the death of another individual. An individual may also receive an annuity under part 843 of this chapter and compensation for injury or disability to himself or herself under such subchapter I covering the same period of time.

(c) An individual who elects to receive compensation payments under paragraph (a) of this section and who has not received a refund of contributions under §843.202 retains the right to elect to receive an annuity under part 842 or 844, as the case may be, in the event that the individual's compensation payments cease or are reduced.

 

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