Q. If I am offered an early-out and apply for disability at that time, why wouldn’t I get the incentive? This seems like discrimination.
A. You can’t because the law specifically excludes “an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government.” See Public Law 107-296 and 5 U.S. Code 3521.