You will require several items before you may file for retirement. First, you will need your doctor to state that you're unable to return to work on a permanent or part time status because of your medical conditions. FMLA requires that the employee have their physician diagnose their condition and provide documentation to support the findings. As you're probably aware, FMLA will run out and does not last forever therefore if you're found "Federally Disabled" or equivalent, you have every right to file for social security disability as long as you qualify. The SSN disability department requires that the applicant provide proof, a process similar to that of filing permanently disability while under FMLA. If your medical condition is expected to last at least one year, you may be found eligible for SSN disability benefits. Note, if you're drawing both SSN and Federal disability benefits, the government requires that your federal disability pay be reduced by 100 percent of your SSN disability benefits. A lot of how much you will actually receive after you're found disabled and unable to return to work is contingent upon your time in service while performing your federal or equivalent work. The more time you spent, the more of your actual retirement you will be able to keep along with your SSN disability pay. When you are initially found disabled by the SSN department, you will receive a larger portion of your federal disability pay until a few months have elapsed and then your federal disability pay will be reduced by the formula used by your agency. Under certain conditions, you may be able to return to work part time while making a limited income and still maintain both of your pensions. This factor is valid as long as you maintain earnings below a certain level each year. Federal law section 459 [42 U.S.C. 659(a) and (h)], states that your veterans disability benefits are subject to garnishment to include cases where a court judge may order you to pay child support. I'm all too well familiar with the law and I myself pay child support from my disability check. Further, anyone who tells you that you're not going to be garnished for child support is not exactly current with Federal law. While this may sound terrible and people like you and I served our country honorably and sustained injuries during active duty, we are not exempt from have our disability garnished for child support. However, should there be foul play during the course of marriage which contributed to the breakup of marriage then you have "Veteran's Advantage" For example, you may expect a few large things to go in your favor during the course of divorce as ruled by the judge to include: You keeping the home, keeping all of your disability pay, and if your spouse made more money than you, she may very well have to pay you alimony. Children are honest human beings; unfortunately they often suffer the consequences most during the presentation of a divorce. I believe the last thing our children would not to know if that their fathers' did not want to pay child support.
Retirement requirements under the FMLA plan while Military disabled and subject to pay child support
By bbl242003 Jan 3, 2011 Edited Aug 6, 2015 1 0