BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Should Disabled Worker Take Occupational Disability?
(Posted October 6, 2014)
Question 1186: My husband is an engineer with 20 years of service. He is 50 and is in constant pain because of on-the-job injuries. Should he apply for an Occupational Disability Annuity, or for a Total & Permanent Disability?
Answer: He should apply for an Occupational Disability Annuity. Both types of Disability have the same annuity rate. The Railroad Retirement Board will always consider Occupational Disability first even if the worker's condition is more severe.
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice
to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the
law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness
or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.)
that occur after the date on which a particular Q&A is posted.
Copyright 1997-2017 Robert S. Kaufman