Federal employment after seperation

C

clearhead19

New Member
Registered Member
Not sure if this is the best place to post this but I am hoping someone can point me in the right direction.

I was told at one point during my MEB that I need to be careful with federal employment if I am medically retired from the military. I was going through a lot at the time and didn't really understand what the person was talking about nor did I have the mental clarity to really absorb his advice. I think he was talking about retirement from the miltary being taken away or something. Fast forward a bit and I was put on the TDRL for mental health issues. I have since been contacted by some recruiters for a federal position (I think title 5). I am eager to try to move forward and attempt to regain my employment. I know nothing really about how TDRL retirement or VA benefits work especially in regards to taking on a new job with the government. Please help with the questions below if you can.

1. Can you be eligible for another federal agency job if you are on TDRL?

2. Can you be eligible if you are retired on PDRL?

3. If the federal government thinks you are employable for the new position does that mean they will take away your TDRL and/or PDRL disability retirement?

4. Will the TDRL evaluation people see your new federal employment as reason to take you off TDRL?

5. How would retirement work at the new federal position work? Would your years start at zero?

6. Who do I talk to at the federal agency to discuss my current disability and retirement situation?

Like I said my doctors say employment would be beneficial to my recovery and I am eager to get back to work. I am nervous that my TDRL might get affected by getting a federal job. Any help would be appreciated including pointing me to regulations laws. If I take on a federal job and do not succeed I dont want to be shooting myself in the foot for moving to fast to try to better myself. I have already been fired from one job I tried to take on which was obviously a mistake.
I can't live on the meager disability retirement i am now receiving. If I had to give up my disability retirement that would be ok I just want to know how this works.

Please note I am 50% DoD/VA currently and as much as id like to see myself get better I dont see that happening any time soon. I dont have CRSC.
 
Many retirees (including disability) work after military retirement. However, TDRL is temporary and subject to periodic reviews. If your ratings include mental health issues, your ratings could be jeopardized by employment.

If the VA determined you to be classified under "Individual unemployability", which does not seem to be the case here, employment beyond marginal would jeopardize your rating.

Giving up your DoD retirement would mean you no longer have TRICARE eligiblity.

Wandering off to general situations:
--a 100% VA schedular rating does not mean one cannot work full time. Many do so. However, as indicated above, a rating with mental health aspects would be jeopardized by more than marginal employment.

--From the Army:
How long can I stay on TDRL?
Answer: Three years (if placed on date is after 1 January 2017). Five years (if placed on date is prior to 31 December 2016). In accordance with the National Defense Authorization Act (NDAA) of 2017, tenure for Soldiers placed on TDRL beginning January 1, 2017 is three years. Soldiers placed on prior to this date are grandfathered and will remain at the five year tenure. The law requires that a final determination be made before the third or fifth anniversary of placement on the TDRL. However, you may be removed from the TDRL at an earlier date whenever a periodic examination discloses that your medical condition has stabilized for rating purposes. The law also directs the termination of Army retired pay and all retiree benefits if a final determination is not made at the end of the three or five years. This cannot be waived.

--
Question: How often will I have to undergo a physical examination, and how will I be scheduled for it?

Answer: You are required by law to undergo physical examinations at least once every 18 months. However, examinations may be scheduled as early as six (6) months after initial placement on the TDRL if deemed necessary by appropriate medical/disability authorities. Your re-examination month will be reflected in Section 2 of your DA Form 199. The USAPDA will forward a letter to you and the designated Military Treatment Facility (MTF) three (3) months in advance requesting that a physical examination be conducted. After an appointment has been made for you, a representative for the MTF Commander will send you additional correspondence advising you of the exact date and time to report.

Question: I had five conditions that were found unfit by the PEB when I was placed on the TDRL. Do I have to get a re-examination for all of them?

Answer: No. You will only be re-examined for the unstable condition(s) that caused placement on the TDRL, which will be identified in Section 3(d) of your DA Form 199. If a condition requires re-examination, that block will be checked N (for No). If placed on the TDRL, you have at least one condition that is marked as not being “permanent and stable” on the form. Only those conditions require a re-examination and a new rating. If you have other unfitting conditions which were determined to be permanent and stable at the time of your placement on the TDRL, they will be carried forward on your new PEB findings with the same rating(s).
----
From Federal Times:
Q: I was wondering if time on the Temporary Disability Retirement List (TDRL) is considered creditable federal service to adjust my Service Computation Date (SCD). I have been a federal employee since August 2002. I was placed on the TDRL on April 30, 1998. I was on the TDRL for about four years before I was transferred to the PDRL with a service-connected disability of 30 percent (which was caused by an instrumentality of war). My SCD is based on a discharge date of April 30, 1998. I reviewed the OPM chapter 6, which covers creditable service, but I was still unclear as to how TDRL time counts (or does not count).

A: To the best of my knowledge, time spent on the Temporary Disability Retirement List isn’t considered to be creditable service for either leave accrual or civilian retirement purposes.
[his statement is accurate. RonG]

OPM Web Site:
Federal Employees <---LINK

Ron
 
This is an old post written by a colleague at another site.


"From time to time, a member will post a question about working with a total disability rating.

The rating schedule is designed to represent, as far as can practicably be determined, the average impairment in earning capacity resulting from identified disabilities. A total schedule rating is assigned when the average veteran would experience a total loss of earning capacity when found to meet the 100% criteria listed for a disability.

These total ratings do not necessarily reflect the actual loss of earning capacity experienced by a particular veteran . For example, the VA will assign a rating of 100% to a vet with active service connected prostate cancer - the VA determined that the average veteran with active prostate cancer would experience a total loss of earning capacity. But many individual veterans with prostate cancer continue to be gainfully employed and the criteria for a 100% prostate cancer rating does not address employment.

The criteria for a 100% Mental Health rating is 'Total occupational and social impairment' with the rating schedule including symptoms commonly associated with this Total Impairment. If the individual veteran does not experience total occupational and social impairment, then that individual vet does not meet that 100% rating criteria. A veteran with a mental health rating who is able to be gainfully employed is providing evidence that the 100% mental health rating crieria for a total rating is not met.

The Total disability due to Individual unemployablity (TDIU) rating is a departure from the rating schedule. The TDIU rating is assigned where the scheduler rating is less than total but the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The award of the TDIU rating is entirely dependent on that individual being unable to work and not on the impact of disability on the average veteran. A vet who is able to sustain gainful employment is providing evidence that the criteria for a TDIU rating is not met.

We have seen argument on the web site about vets working while holding a TDIU rating or a Total Mental Health rating. The argument often reduces to members arguing that the vet can do whatever the vet wishes until the VA reacts. There are such concepts as sheltered workshops and return to work programs. Beyond those situations, substantially gainful employment is inconsistent with the criteria for a TDIU or 100% Mental Health rating."
--------------------

Ron
 
RonG said:
This is an old post written by a colleague at another site.


"From time to time, a member will post a question about working with a total disability rating.

The rating schedule is designed to represent, as far as can practicably be determined, the average impairment in earning capacity resulting from identified disabilities. A total schedule rating is assigned when the average veteran would experience a total loss of earning capacity when found to meet the 100% criteria listed for a disability.

These total ratings do not necessarily reflect the actual loss of earning capacity experienced by a particular veteran . For example, the VA will assign a rating of 100% to a vet with active service connected prostate cancer - the VA determined that the average veteran with active prostate cancer would experience a total loss of earning capacity. But many individual veterans with prostate cancer continue to be gainfully employed and the criteria for a 100% prostate cancer rating does not address employment.

The criteria for a 100% Mental Health rating is 'Total occupational and social impairment' with the rating schedule including symptoms commonly associated with this Total Impairment. If the individual veteran does not experience total occupational and social impairment, then that individual vet does not meet that 100% rating criteria. A veteran with a mental health rating who is able to be gainfully employed is providing evidence that the 100% mental health rating crieria for a total rating is not met.

The Total disability due to Individual unemployablity (TDIU) rating is a departure from the rating schedule. The TDIU rating is assigned where the scheduler rating is less than total but the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The award of the TDIU rating is entirely dependent on that individual being unable to work and not on the impact of disability on the average veteran. A vet who is able to sustain gainful employment is providing evidence that the criteria for a TDIU rating is not met.

We have seen argument on the web site about vets working while holding a TDIU rating or a Total Mental Health rating. The argument often reduces to members arguing that the vet can do whatever the vet wishes until the VA reacts. There are such concepts as sheltered workshops and return to work programs. Beyond those situations, substantially gainful employment is inconsistent with the criteria for a TDIU or 100% Mental Health rating."
--------------------

Ron
Click to expand...


Thank you RonG, I do appreciate your reply to this. The only issue I have is that I have not been found to have a total disability rating. I am 50% with some issues that affect my ability to work, however I am able to do some work.
My question is are you eligible for a federal job if you are on TDRL or if you have a permanent retirement? I think a civilian job wouldn't necessarily affect your DoD rating but my issue is if you get a different job with a different organization in the DoD will you still be able to collect your retirement. In other words you are essentially getting a retirement from DoD and still able to collect a paycheck for another job.
 
One personal experience:

I received VA compensation for several years after I retired (regular, 20 yr AD) from the Army and while working at a major university. That experience is quite common.

I also am aware of many of my former peers working for DFAS and simultaneously receiving VA comp and CRDP if otherwise eligible. However, none were on the TDRL.
Perhaps @chaplaincharlie can help in this matter.

Your primary question is: "My question is are you eligible for a federal job if you are on TDRL?"

Why not ask a federal agency? FAQs at OPM.Gov = Frequently Asked Questions : Employment : Eligibility Requirements - OPM.gov <---
OPM: Disability Employment Getting a Job <---LINK

If this was my situation, I would contact the Human Resources element of the Federal agency I was interested in. They are easily found on the Internet.

Good luck,
Ron
 
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clearhead19 said:
My question is are you eligible for a federal job if you are on TDRL or if you have a permanent retirement? I think a civilian job wouldn't necessarily affect your DoD rating but my issue is if you get a different job with a different organization in the DoD will you still be able to collect your retirement. In other words you are essentially getting a retirement from DoD and still able to collect a paycheck for another job.
Click to expand...

The TDRL part of the question I can’t answer, but like RonG said, it could effect a disability rating like mental health.

The second part I can answer. If you have a permanent DOD military retirement you can be hired as a DOD title 5 civilian employee. BUT if you have a permanent DOD military retirement you can NOT be hired as a DOD title 32 civilian employee.
 
There’s only one problem with being hired as a title 5 employee. IF the military service time is bought back to be add to the DOD title 5 retirement time, then the military retirement must be forfeited, UNLESS it is a disability retirement. This is because you can only get credit for the years served once, not twice, military credit and DOD federal credit.

You can get can both retirements, honorable military and DOD title 5 civilian IF you do not buy the time back and have it credited to the DOD title 5 retirement. This is hard to achieve though, having to spend 20 years in the military and then another 20 years as a federal employee, but it has been achieved.
 

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