ANG dual status technian

Hello @Jmc87

TERA is a totally different program than a disability retirement. A disability retirement is never "called" TERA.

DFAS: Defense Finance and Accounting Service > RetiredMilitary > disability > crdp <---LINK
Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.

Under these rules, you may be entitled to CRDP if…
  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.

In addition to monthly CRDP payments, you may be eligible for a retroactive payment. DFAS will audit your account to determine whether or not you are due retroactive payment. An audit of your account requires researching pay information from both DFAS and VA.

If DFAS finds that you are also due a retroactive payment from the VA, we will forward an audit to the VA. They are responsible for paying any money they may owe you.

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Reference: DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 64.

*640102. Authoritative Guidance The pay policies and requirements established by the DoD in this chapter are derived primarily from, and prepared in accordance with the United States Code (U.S.C.), including Titles 5, 10, and 38. Due to the subject matter in this chapter, the list of authoritative sources is extensive. The specific statutes, regulations, and other applicable guidance that govern each individual section are listed in a reference section at the end of the chapter

6402 ELIGIBILITY
640201. Qualified Retiree A qualified retiree must be a member or former member of the Uniformed Services who is entitled for any month to both retired pay and VA disability compensation that is based on a qualifying service-connected disability.

640202. Qualifying Service-Connected Disability A qualifying service-connected disability is a service-connected disability (or combination of service-connected disabilities) that the VA rates at 50 percent or higher.

640203. Physical Disability Retirement Members retired for physical disability who have less than 20 years of service creditable for the purposes of computing retired pay are not eligible for CRDP.

640204. Non-Regular Retired Pay Members eligible for retirement for non-regular service are not eligible to receive CRDP until they reach retirement age and have applied for and have become entitled to receive retired pay.
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From Congressional Research Service https://crsreports.congress.gov/product/pdf/IF/IF10594 <---LINK
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Ron
 
20 September signed my form 1180
Talked with a major from office of disability council she told me the 15 year rule does apply for crdp. She said she just did training on it 2 weeks ago. She said they still call it TERA but it's actually 10 us code. These pertain to my amount of time.
I am HIGHLY skeptical of that. TERA is completely different and the way the law is written for CRDP does not include language for a 15 year letter. A 15 year letter is not TERA.
 
I am HIGHLY skeptical of that. TERA is completely different and the way the law is written for CRDP does not include language for a 15 year letter. A 15 year letter is not TERA.
Again, you are correct.

Reference: DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 64.

640203. Physical Disability Retirement Members retired for physical disability who have less than 20 years of service creditable for the purposes of computing retired pay are not eligible for CRDP.

Also, I hope someone is able to inform the newly trained Major that TERA is not a medical retirement and a 15-year letter does not equate to TERA nor make one eligible for CRDP.

Ron
 
@Jmc81, have that major physically show you the CarFax.... CDRP is covered under federal law which RonG has shown is contrary to what that major is saying. Law trumps some Major with two weeks of training. I wish you were correct because it would be really awesome for a lot of people. Unfortunately, congress would have to amend U.S. Code Title 10 to pay someone CDRP under 20 years of service. I guarantee you that DFAS knows this law and even if your wing commander signed off on it, DFAS would mushroom stamp that thing so fast.
 
Thanks for your input everyone I'm just passing out what the major told me and some of the stuff she sent me. Unfortunately I will have to wait till I'm 60 to know for 100 percent sure. I did tell her I read that Tera was different and she told me they use the acronym TERA to replace the long reg number. I could fight this pay attorney thousands cause my stress level to be out of control for little extra money 19 years from now and deal with who knows how many months or year of being stuck in a place I don't want to be doing a job I don't want to do for 600 month.
 
Thanks for your input everyone I'm just passing out what the major told me and some of the stuff she sent me. Unfortunately I will have to wait till I'm 60 to know for 100 percent sure. I did tell her I read that Tera was different and she told me they use the acronym TERA to replace the long reg number. I could fight this pay attorney thousands cause my stress level to be out of control for little extra money 19 years from now and deal with who knows how many months or year of being stuck in a place I don't want to be doing a job I don't want to do for 600 month.
Not your fault at all man. Sorry if we came off as aggressive towards you. That certainly wasn't the goal. The three of us have seen so many people get hosed by leadership over the years that one of our big goals is expectation management. Even if that expectation is to get whacked with a shovel... we want you to know it's coming.
 
Thanks for your input everyone I'm just passing out what the major told me and some of the stuff she sent me. Unfortunately I will have to wait till I'm 60 to know for 100 percent sure. I did tell her I read that Tera was different and she told me they use the acronym TERA to replace the long reg number. I could fight this pay attorney thousands cause my stress level to be out of control for little extra money 19 years from now and deal with who knows how many months or year of being stuck in a place I don't want to be doing a job I don't want to do for 600 month.
I totally get it! My wife is in the same situation. She needs to get to Sept 1 2022 to get her 20 year letter. She joined when she was 17 so if she does hit 20 years for the 20 year letter she will have to wait 23 years to collect CRDP at age 60. Its hard to know how you will be in 20 years let alone if the extra money is needed. She is sticking it out since she said that it would suck to miss it by a few months even if she is unhappy with her situation and just wants out. She is lucky that QTC is having a hard time finding a local Dr. for her last 2 C&P exams which should delay everything enough to get her there. I normally give the advice to ask yourself in 5 years do you think you will regret your decision? That typically gives me clarity to make a decision. However, its a crap shoot when going out further. Who knows maybe a miracle will happen and congress will remove the offset?
 
I went to the VA long time ago for migraine TBI claim and they changed my PTSD depression to anxiety with agoraphobia but kept the percent the same. Is this a bad thing for me or does it not make any difference? My VSO had told me the PTSD was considered static and won't change wonder if this is, does anyone know how to check if a condition is static?
 
Made it to this point I requested 19 Nov retirement date, been in work for month AFPC has had it couple weeks. Personnel told me I can't go passed the 20 because I signed my 1180 I think it is on September 20. Doesn't seem like they will get it done in time. Working with OPM now for my dual status position. Originally OPM asked that I wait tell I have my orders but that's taking so long that she said show me the unfit determination and will go off that. I only will be given 30 days from work time as a technician from the date when she does the notice was supposed to be yesterday but hasn't happened, I'm ok with that. After that she is going to request I get to use my annual and sick leave till it's exhausted or retirement application is complete. If I get the 30 day notice this week my last work day will be 24 Nov. It's kind of coming together very very slowly.
 

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I normally give the advice to ask yourself in 5 years do you think you will regret your decision? That typically gives me clarity to make a decision. However, its a crap shoot when going out further. Who knows maybe a miracle will happen and congress will remove the offset?
I will try to respond in 5 years but I do believe I will be happy with the decisions I've made. 19 years from now even if I can't collect military pay, I still think I will be happy with the outcome as long as my tsp keeps going up. Has anyone took tsp out to place it in other retirement accounts?
 
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