Mr. Stephenson began receiving a FERS disability retirement annuity on May 4, 2005. He also applied for SSA disability benefits, as he was required to do as an applicant for FERS disability retirement, and SSA determined that he was entitled to receive monthly SSA disability benefits beginning July 2005. As required by statute, OPM reduced Mr. Stephenson’s FERS disability annuity to account for the monthly SSA disability benefits to which he was entitled. See 5 U.S.C. § 8452(a)(2)(A); 42 U.S.C. § 423.
The Social Security Act allows a person receiving SSA disability benefits to test his or her ability to work during a period of nine months, referred to as a “period of trial work” or “trial work period,” without losing his or her benefits. See 42 U.S.C. §§ 422, 423. In May 2009, Mr. Stephenson completed a nine-month trial work period in which he demonstrated his ability to work. Following the completion of his trial work period, SSA notified Mr. Stephenson that because he was able to perform “substantial work,” it had determined that his disability had ended, and that he was “not entitled to Social Security disability payments beginning September 2009.” Resp’t’s Supplemental App. 3 (emphasis added). SSA further noted:
You get an extended period of eligibility that begins right after the trial work period. This is a 36- month period when we restart payments for any month(s) your work is not substantial if your health problems still meet our rules. Your extended period of eligibility months are June 2009 through May 2012.
Id. (emphases added).
Judge(s): Sharon Prost
Jurisdiction: U.S. Court of Appeals, Federal Circuit
Related Categories: Employment
|Circuit Court Judge(s)|
|Petitioner Lawyer(s)||Petitioner Law Firm(s)|
|Robert McGill||Law Office|
|Respondent Lawyer(s)||Respondent Law Firm(s)|
|Jeanne Davidson||U.S. Department of Justice|
|Stuart Delery||U.S. Department of Justice|
|Kirk Manhart||U.S. Department of Justice|
|Matthew Scarlato||U.S. Department of Justice|