Site Map Icon
RSS Feed icon
 
 
 
November 22, 2019
Solidarity Newspaper Deadline Dates

January 15 - Jan/Feb Issue

February 20 - March Issue

March 20 - April issue

April 20 - May Issue

May 20 - June Issue

June 20 - July Issue

August 10 - Aug/Sept Issue

September 20 - Oct issue

October 20 - November Issue

November 20 - Dec Issue

Information is the Currency of Democracy

 

 

 

 

    

ILCA

AFL-CIO

About The APWU

UnionActive Newswire
 
Join the Newswire!
Updated: Nov. 22 (09:03)

Democratic Forum Organized by Teamsters, Guardian to Focus on Workers’ Rights
Teamsters local 570
Have a Union Made Thanksgiving
Brotherhood of Railroad Signalmen
Christmas Party Update 2019
TCSOA
Tiger Football Union Day Discount
Local 4 Sheet Metal Division
Workers Deserve a Say in Automation
Teamsters local 570
Workers Deserve a Say in Automation
Teamsters Local 355
 
     
Midwest Labor Press Association

Moe Biller


 

"The

Struggle

Continues"

Union Veterans Council

Join CLUW

Iowa Federation of Labor

Web Page

Blog Page

 

APWU Officers Oath of Office

I, having been duly elected to the office in the ____ of the APWU, AFL-CIO do solemnly pledge to uphold the Constitution and Bylaws of the APWU AFL-CIO, and the (state'Local). I further pledge to perform the duties of my office to the best of my ability. I promise that at the conclusion of my term in office, I will turn over to my successor all books, papers, records and documents that are the property of the APWU. Last, but not least, I promise to purchase only union made aticles whenever available. Failure to perform any of the above will mark me as an indivisual devoid of honor and destitute of integrety.
GIVE TO COPA!

GIVE TO COPA TODAY!

Your Job and the future of the USPS and the Labor Movement depend on you contributions!

Give to the APWU Committee on Political Action.

 

National Federation Post Office MVE
National Association Post Office & General Services Maintenance Employees
National Postal Union
National Association Special Delivery Messengers
United Federation of Postal Clerks
APWU Shield
Action Center

leg
Disability Retirement
Posted On: Nov 08, 2010

Editorial: 10 Tips to Remember When Filing for Postal Disability Retirement Benefits

November 6, 2010 by Lu
Filed under: Articles, FERS, nrp, postal, postal news, retirement, usps 

Article written exclusively for PostalReporter.com by Robert R. McGill,Esq.

Whether you call it “Postal Disability Retirement”, “Federal Disability Retirement”, or “OPM Disability Retirement”, the available options under the National Reassessment Program all lead to the same road:  the injured Postal Worker is being squeezed out of the workplace, and it is time to secure one’s future by asserting the legal rights that are available.

    If a gentleman tips his hat to a lady, has he given anything? If he tips his hat unaware that the lady is present, has he still tipped his hat?  If you tip your hat to a waiter, have you satisfied the convention of tipping?  If a man receives ‘a tip’, must it be of value in order for it to truly be a tip, or is bad advice, or nonsense, still considered a tip even if it leads to nothing?  If a bill is for $1,000.00 and you leave a $100 tip, are you still a cheapskate?  If the same person receives a bill for $200.00 and leaves a $100.00 tip, is he then a generous tipper?  – From Top to Toe and Tip to Tip

10 Tips to Remember When Filing for Postal Disability Retirement Benefits

     During this time of turmoil, when Postal employees are undergoing economic, financial, internal and structural corporate reverberations from all angles; where the Postmaster general has decided to call it quits and retire; where email and technology have altered the landscape of how a population communicates, thereby impacting the profitability of a mail service whose paradigm inception began in the days of Benjamin Franklin; during these economic times of hardship – when the National Reassessment Program is impacting Postal employees all across the United States – filing for Federal Disability Retirement is an option that Postal employees must consider.

     Some common questions are often asked when contemplating filing for Federal Disability Retirement benefits for FERS & CSRS (as well as “CSRS-offset”) employees.  How easy is it to get?  Should a Postal employee try to submit the application for Federal Disability Retirement, get it rejected, then get an attorney?  Should Social Security Disability benefits (SSDI) also be filed for?  Should I file for Federal Disability Retirement benefits while I am on OWCP?

     These are just some of the preliminary questions which a Postal employee will face when first contemplating filing for Federal Disability Retirement benefits.  When contemplating this course of action, it is well to remember the following 10 “tips”:

     Postal Disability Retirement Tip #1:  Is there a difference between “Postal Disability Retirement”, “Federal Disability Retirement” and “OPM Disability Retirement”?  Answer:  No.  Often, terms get bandied about, which often results in confusion.  There is only one type of Disability Retirement (other than private disability insurance policies which are offered to Federal and Postal workers, none of which are “retirement” annuities), and people often refer to them interchangeably as Federal Disability Retirement, OPM Disability Retirement, or Postal Disability Retirement.  These terms essentially refer to the same process:  Federal Disability Retirement benefits for those under FERS or CSRS, which includes all Postal employees.

     Postal Disability Retirement Tip #2:  How hard is it to get Federal Disability Retirement benefits?  This is not an easy question to answer.  The law requires certain thresholds of proof which must be met:  proper medical documentation must be attached; multiple legal criteria must be proven by a preponderance of the evidence.  Finally, the Office of Personnel Management – not the U.S. Postal Service – is the determining Agency for all Federal Disability Retirement applications.  OPM reviews and scrutinizes each application, and no matter how many stories one hears about how “Such-and-such filed just last week and got it approved,” each application must be prepared deliberately, scrupulously, and with thoughtful foresight. 

     Postal Disability Retirement Tip #3:  If I am on OWCP (Department of Labor, Worker’s Compensation), should I still file for Postal Disability Retirement benefits?  Because it often takes 6 – 8 months from the start of the process (obtaining the proper medical documentation; completing all of the Standard forms; processing the disability retirement application through H.R. Shared Services, etc.) to an approval at the First Stage of the Process at the Office of Personnel Management, and further, because OWCP is not a retirement system but rather a process which expects the injured worker to become rehabilitated at some point, and return to work (whether at the Postal Service or at Walmart), it is often a good idea to initiate the process concurrently while one is receiving income from OWCP.  In any event, from the time a Postal Worker is separated from the Postal Service, a Postal Worker has up to 1 year to file for Postal Disability Retirement benefits.  If you fail to file within that 1 year, you lose your right forever.

     Postal Disability Retirement Tip #4:  Does everyone get rejected by OPM at the First Stage?  The answer:  No.  Many people confuse OPM Disability Retirement with other processes – such as Social Security of OWCP.  It is important to get the process “right” the first time.  Postal Disability Retirement through the Office of Personnel Management is not like Social Security – there is no “automatic denial” first, then to go and get an attorney.  Remember, mistakes made in an initial submission, while ultimately correctable, cannot be wiped away.  Mistakes made in medical documents, in the applicant’s statement of disability, etc., cannot be swept away like raindrops on a windshield.  While such mistakes can be explained or amended, it is important to get the initial application submitted with the best chance possible.

     Postal Disability Retirement Tip #5:  Must Social Security (SSDI) be filed before a person can file for Postal Disability Retirement?  There is much confusion in this area, but one thing is clear:  there is no requirement that filing for SSDI must precede filing for Postal Disability Retirement.  All that is required is that, at the time of an approval of a Federal Disability Retirement application, the applicant must show that he or she filed for SSDI.  A receipt showing that SSDI has been filed is all that is needed at the time of an OPM Disability Retirement approval.

     Postal Disability Retirement Tip #6:  What happens if I get both SSDI and FERS Disability Retirement approved?  Answer:  There is an offset between the two – 100% offset in the first year, then a 60% offset every year thereafter.  Be careful that if one starts receiving the full amount from both SSDI and OPM Disability Retirement, without an offset – because it means that you are receiving full payment from both sources, when you should not.  Overpayment will ultimately be discovered, and the recipient of such largesse will be required to pay it back.

     Postal Disability Retirement Tip #7:  When should I file for Postal Disability Retirement?  Answer:  As soon as possible.  Again, because Postal Disability Retirement can take a significant amount of time (See Postal Disability Retirement Tip #3, herein), the process should be started as soon as possible.  Each potential applicant knows the answer to the question, based upon the specific medical condition, based upon the particular personal circumstances surrounding the case.  Each case is unique, but when it becomes clear that one’s medical condition will last for a minimum of 12 months, and that the medical condition prevents one from performing one or more of the essential elements of one’s job, then it is certainly time to file.

     Postal Disability Retirement Tip #8:  I took an early retirement.  Can I file for Postal Disability Retirement benefits?  The answer:  It all depends.  Two primary issues need to be confronted:  First, whether it makes economic sense to file (this is a financial decision which should be made by comparing what the early retirement annuity pays, in comparison to what a disability retirement annuity would pay; and further, for how long will the disability retirement annuity last); and Second, one must file for Federal Disability Retirement benefits within one (1) year of being separated from the Postal Service.  Thus, if a Postal Worker took an early retirement 11 months ago, then he/she only has 1 month left to file for Postal Disability Retirement benefits.

     Postal Disability Retirement Tip #9:  If I am sent home because of the National Reassessment Program, will I qualify for Postal Disability Retirement benefits even though I can still do my Modified Job?  Postal employees must understand a rather confusing concept:  All that time during which the Postal employee was working at a Modified light-duty position, he or she was always eligible to be approved for Federal Disability Retirement benefits.  This is because such “Modified Jobs” were never a legally viable accommodation under the law.  Thus, the answer is: Yes, you should qualify for Postal Disability Retirement, so long as you meet all of the other criteria under the law.

     Postal Disability Retirement Tip #10:  Is it possible that the NRP will not impact some Postal Workers?  Of course, anything is possible.  However, just remember this:  whether any class action lawsuit is successful, or OWCP benefits pick up a Postal employee and pay him or her for years to come – the potential harassment, the continuing disregard by the U.S. Postal Service for the health concerns of the Postal Worker, etc., will continue unabated.  Sticking one’s head into the sand will not solve any problems; when the “writing appears on the wall”, it is time to contemplate the available options presented to the Postal Worker.

    Postal Disability Retirement benefits exist precisely for those Postal workers who have incurred a medical condition such that he or she is no longer able to perform one or more of the essential elements of one’s job.  When filing for Postal Disability Retirement benefits, the Postal Worker should be armed with all of the necessary tools available in order to secure the rights, future, and financial security available.  Knowing the criteria which must be met to obtain Postal Disability Retirement benefits; knowing the law; and knowing the process by which to obtain the benefits, are the important first steps.  Whether you call it “Postal Disability Retirement”, “Federal Disability Retirement”, or “OPM Disability Retirement”, the available options under the National Reassessment Program all lead to the same road:  the injured Postal Worker is being squeezed out of the workplace, and it is time to secure one’s future by asserting the legal rights that are available.

About the Author

    Attorney Robert R. McGill specializes in federal disability retirement cases helping Federal and Postal workers secure their disability retirement benefits under both FERS and CSRS. For more information about his legal services, visit his FERS Disability Retirement Website and the U.S. Postal Service Disability Blog.

 

Member Login
Username:

Password:


Not registered yet?
Click Here to sign-up

Forgot Your Login?
<< November 2019 >>
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
Site Search
Site Map
RSS Feeds
Important Links
APWU
KC NBA's
APWU ABA
APWU Auxilary
APWU Health Plan
APWU Postal Press
Des Moines BMC
Arkansas State APWU
Missouri State APWU
Illinois State APWU
Voluntary Benefits
National Presidents Conference APWU
USPS LIteblue
USPS
USPS OIG
USPS Postal Inspectors
AFL-CIO
Mail Contractors of America
Iowa Federation of Labor
South Central Iowa Fed.
Change to Win
Mailhandlers Iowa
Mailhandlers National
Letter Carriers National
NALC Letter Carriers Iowa
Iowa Rural Letter Carriers
Rural Letter Carriers National
Canadian Union Postal Workers
Wobblies
EAP
Thrift Savings
Postal Employee Relief Fund
United Way Des Moines
Federal Employee Education and Assistance Fund
LifeCare
Department of Labor
Department of Transportation
MSPB
NLRB
OPM
OSHA
EEOC
Federal Motor Carriers Safety Assoc
First Gov
Government Benefits
Who Runs the Government
White House
Library of Congress legislative
Tracking Congress
ALEC Exposed -
House of Reps
U S Senate
Real Clear Politics
U.S. Library of Congress
Veteran Administration
Vet Center
Bureau of Labor Statics
Des Moines Vet Center
Iowa Legislature
Iowa OSHA
Working America
Working Families
World Trade Union
Communities and Postal Workers United
Union Directory
Union Democracy
Global Unions
Jobs with Justice
National Education Association
UE Rank n file
Big Labor and Ammo for Unionists
CLUW
Asian Pacific Alliance
Labor Council for Latin American Advancement
Pride at Work
A Philip Randolph Institute
Coalition of Black Trade Unionists
National Intrefaith Committee for Workers Justice
Union Review
Pro Unions
Union Facts (anti union)
Union Facts (anti union)
UNI Global Unions
Alliance for Retired Americans
NARFE
NARFE Iowa
National Association of Postmasters of the US
NAPUS IOWA
Iowa National League of Postmasters
National League of Postmasters
National Association of Postal Supervisors
National Alliance of Postal and Federal Employees
First Class Credit Union
First Federal Credit Union
Quad Cities Credit Union
Reference Desk
International Labor Communications Assoc.
Internet Library
Labour Start
21 Century Postal Worker
Association for Postal Commerce
Federal Daily
Federal News Radio
FedSmith
Federal Times
Federal Weekly
Labor Notes
Postal Employee Network (PEN)
Postal Magazine
Postal News
Postal Reporter
Rural Info
Federal Soup
Postal Union Directory
Workday Minnesota
Jim Hightower
University of Iowa Labor Center
University Of Missouri Labor Education Center
University of Nebraska Labor Studies
University of Minnesota Labor Education Service
Labor Heritage Foundation
National Labor College
National Labor Committee
National Postal Museum
Labor Net
American Friends
Iowa labor Project
Illinois Labor History Society
Iowa Policy Project
Iowa Citizens for Community Improvement
Center on Budget and Policy Priorities
Iowa Citizens Action Network
Center for Responsive Politics
Citizens for Tax Justice
Economic Policy Institute
United for a fair Economy
Open Secrets
National Priorities
Union Sportsmens Alliance
USO
Roberts Rules of Order
BlueGreen Alliance
ZipSkinny
Google

IOWA 211 United Way

Get Connected

Get Answers

Mother Jones 1924

Courtesy of Library of Congress. Modifications © Jone Lewis 2001.

Pray for the dead,

and fight like hell

for the living

APWU FMLA FORMS

WH 380E - Employee serious health condition

WH 380F - Family member health condition

WH 381 - Notice of Eligibility, Rights and Responsibilities

WH 382 - Designation Notice

WH 384 - Certification of qualification - military leave

WH 385 - Certification for serious illness or injury - military leave 

 

Form 1 - Certification by Employee's Health Care Provider for Employee's Serious Illness.

 Form 2 - Health Care Provider Certification of Employee's Family Member Serious Illness.

Form 3 - Certificate by Employee of Qualifying Exigency for Military Family Leave.

Form 4 - Certification by Service member's Health Care Provider for Caregiver Military Family Leave.

 

 

Employee Assistance Program


EAP4YOU
Make the Call

https://www.unionplus.org/
UNION PLUS

Buy Union - Buy American - Buy Iowa

Voluntary Benefits Plan
P.O. Box 1471
Waterbury, CT 06721

1-800-422-4492

 

 

APWU Health Plan
 
 
Iowa Postal Workers Union
Copyright © 2019, All Rights Reserved.
Powered By UnionActive™

1745632 hits since May 29, 2008
Visit Unions-America.com!

Top of Page image