Temporary disability Retirement

kimmie34

PEB Forum Regular Member
My husband has served in Coast Guard for 13yrs and last year he had surgery for a pituatary tumor and has lost three hormonal functions and is currently taking three medications to replace those lost functions. He also has some residual tissue left in his brain.

Last week we received a letter stating that he is unfit for duty and is going to be placed on the temporary disability retirement list. We both were stunned to find this out. The Coast Guard just last month moved us across the country to a new duty station and has given my husband an xpo billet to head up a brand new cutter. Needless to say we both are just beside ourselves with grief and shock. Not only has this happend he also is currently number one on the servicewide and is both ashore and afloat officer in charge qualifed. We stand to lose so much, all the hard work he's put in and now there telling him he's unfit. My husband loves his job and can't see himself doing anything else. He's beside himself and wants to fight the to keep his job.


My question is should we fight? I've read that fighting the system can back fire on you and you can come out all the worse for doing so.

Also is 40 percent enough given the fact that he'll be on the medication for life and without it he can hardly function.

This situation is very overwhelming and devestating my husband is going to lose up to 75 percent of his pay and we are truly at a loss as to what to do. Any help would be greatly appreciated.

One other note the medications he is currently taking make him feel better than he has in years.

Thank you,

Kim
 
My question is should we fight? I've read that fighting the system can back fire on you and you can come out all the worse for doing so.

Also is 40 percent enough given the fact that he'll be on the medication for life and without it he can hardly function.

One other note the medications he is currently taking make him feel better than he has in years.

Kim

Kim,

Welcome! I am sorry to hear all that you are going through.

You face some risk in fighting the preliminary findings. If he argues for fitness, he may receive less than a 30% rating, which would be a big loss in terms of benefits.

On the other hand, if he is not that limited (or limited at all) in his ability to perform his duties, he may have a good case for a fit finding.

Ultimately, whether to fight it or not is a decision that he has to make based on the risks. This is a diffcult decision, to say the least.

On a side note, with a 40% rating and placement on the TDRL, he will be paid a minimum of 50% of his retired base pay while he remains on TDRL.

I wish you both the best of luck. If he decides to fight the finding, please let us know any questions.
 
Jason,

Thank you for responding so quickly to my posting. I was wondering what happens if you choose to accept the findings and you've placed number one on the servicewide will they allow you to make the rank before they place you the TDRL?

Thank you,

Kim
 
If the promotion takes place before retirement, I don't see an impediment to promotion (however, to be sure, I would want to review Coast Guard regulations to see if there are service specific requirements for promotion that are not obvious). However, even if promoted, it should not result in a difference in compensation, because your base retired pay is calculated as the average of your high 36 months of base pay. So, if he were retired at the higher grade but did not receive pay at that grade, he will not benefit compensation wise.
 
Jason,

Thank you again for your help. I was wondering if there is a time frame for the JAG office to get intouch with us? We have not heard from them yet. Also we are going to accept the boards findings. We would like to know if we can move while the paper work goes through. We have two kids in middle school and hate the thought of moving them a few months down the road, also I cannot get a job knowing that will be moving in a few months. I need to work to help bring in extra income and this situation is putting us in financial distress.

Thank you,

Kim
 
Kim,

If you do not demand a formal, I don't know that you will hear from the JAG. Usually, the demand for the formal is the trigger that will forward the case to them. Often they do not contact you until shortly before the formal.

I wish you and your family the best in transition. Please let us know any questions.
 
Jason,

I was wondering when you are on the TDRL with a rating of 40 percent do you get the extra veteran disability points for a GS job?

Thank you,

Kim
 
My five years on the TDRL concluded on August 29, 2009. I received a letter stating I would remain on the TDRL but in non pay status until my situation was resolved. I have 10% disability for heart disease/quad bypass and 30% for ulcerative colitis. Since being initially place on the TDRL it has been determined by VA cardiologists that my upper aorta is dilated up to 39 mm as compared to the lower one at 22mm. What's next? My montly income was cut by 1200.00. Any suggestions? Thanks.
 
Doug,

Welcome!!! If you are ultimately permanently retired, you are due back pay. I also think you have a basis for a judicial claim, however, resolution through the administrative process (if favorable to you) will be faster than resorting to the courts.

Have you had your re-evaluation recently? Do you have a VA rating for your same conditions?

Best of luck with a good outcome.
 
My five years on the TDRL concluded on August 29, 2009. I received a letter stating I would remain on the TDRL but in non pay status until my situation was resolved. I have 10% disability for heart disease/quad bypass and 30% for ulcerative colitis. Since being initially place on the TDRL it has been determined by VA cardiologists that my upper aorta is dilated up to 39 mm as compared to the lower one at 22mm. What's next? My montly income was cut by 1200.00. Any suggestions? Thanks.

My understanding was that after the 5 years they have to put you on the PDRL or seperate you with severance pay, I'm at 18 mos. and haven't been contacted for an exam did they contact you to get checked out at 18 mos.?
 
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