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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:

OPM Disability Retirement: The 1-Year Rule 03/08/2010 by Federal Lawyer Periodically, I remind everyone of the various “1-year” rules which govern Federal Disability Retirement issues under FERS & CSRS.  Since there are multiple applications of the 1-year rule, there is often a confusion which is still prevalent and ongoing.  Thus, here are some clarifications:  You must file for Federal Disability Retirement benefits under FERS or [...]   Federal and Postal Disability Retirement: The Appropriate Language Game 03/07/2010 by Federal Lawyer In filing an application for OPM Disability Retirement benefits under FERS or CSRS, there are many questions that are posed for the person who is just being introduced to the concept [...]   FERS & CSRS Disability Retirement: Learning from Experience 03/05/2010 by Federal Lawyer The problems inherent in filing a Federal Disability Retirement application under FERS or CSRS are multi-fold and multi-tiered. Even today, after years and years of practicing in this particular area of law [...]   OPM Disability Retirement: What to Do 03/04/2010 by Federal Lawyer Whether or not one should hire an attorney at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, or whether to wait for a denial [...]   Federal and Postal Disability Retirement: On the Other Hand 03/03/2010 by Federal Lawyer On the other hand, there is no such thing as a "lost cause" case. To assert such a conclusion would be to presumptively admit defeat. In Federal Disability Retirement cases, there is always [...]   FERS & CSRS Disability Retirement: The Family Doctor and the Surgeon 03/02/2010 by Federal Lawyer I am often asked whether or not a medical report from the "specialist" will have a greater impact than a family doctor. Implied in such a question, of course, is a perspective which tends [...]   OPM Disability Retirement: Mistakes Made 03/01/2010 by Federal Lawyer There is obviously an assumption to be made that if a case is denied at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, that a "mistake" [...]   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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