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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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After applying disability retirement it's mandatory

Customer Question

After applying for OPM disability retirement it's mandatory to apply for Social Securtity Disability. Social Security Disability application completed well before OPM retirement process but it's still a lengthy process and when done generally you are back paid to original filing date. You also receive interim pay from OPM until their process is finalized.
OPM retirement benefits are off-set by any Social Security Disability benefits. As the OPM pay was not off-set at all until retirement process was completed this off-set constitutes an overpayment. We are told not to cash the earlier completed Social Security Disability back pay and use to pay back overpayment.
1. SCHEDULED AWARD OKAY WITH OPM PAY
2. SOCIAL SECURITY DISABILITY OFFSET BY SCHEDULED
AWARD (LOWERED)
(SCHED AWARD ONE SAYS YES, ONE SAYS NO WITH
MONUMENTAL CONSEQUENCES
3. OPM PAY OFFSET BY SOCIAL SECURITY DISABILITY
I can't pay for the overpayment using the back pay Social Security check because it's been lowered/offset by the Scheduled Award too low to cover the overpay. NOTE: I am allowed to have Scheduled Award with OPM retire pay.
In addition OPM wants to halve my OPM retire pay to pay for the overpay for a period of 7 years. NOTE: I'm not interested in playing with dollar amounts and years; that's not the issue. It is bad enough that had Social Security Disability not been offset/lowered the back pay check would have been enough to cover the overpayment. Then I would have been able to keep my OPM retired pay and not lost my Scheduled Award to Social Security and without having my Scheduled Award have to pay for the back pay also. It doesn't just appear that I am being penalized for losing the use of my legs I am. I applied for waiver of overpay using EQUITY AND GOOD CONSCIENCE AND WAS DENIED. NOT FAIR, NOT FAIR. HOW WAS THIS DENIED
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I am sorry, but I am having difficulty understanding your post.
Could you review it, make corrections, spell out your abbreviations before using the abbreviations, ask specific question, and resubmit?
Thank you for your cooperation

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