Q: I am a 40-year-old Air National Guard disability annuitant who had under five years of federal service at the time my disability/disease occurred (GS-13-Step 4 Special Salary). I am currently employed full-time as a civilian and may reach the 80-percent earnings limitation this year. After reading CFR 5 844.403, it appears that I can never get the annuity back should my earnings decrease below the 80 percent threshold. Any thoughts?
A: If you are found to be restored to earning capacity, your disability annuity payments will stop six months from the end of the calendar year in which you exceed the 80 percent limit. However, it can be reinstated at the beginning of the year following any calendar year in which your earning capacity falls below 80 percent. That, of course, is dependent on your still suffering from the same disabling condition you had when you were approved for disability retirement.