OPM Disability Retirement Attorney

We often work with an individual’s federal agency to help facilitate disability retirement applications or with the individual before OPM to prepare the application for submission. We understand the information that needs to be presented to show OPM that you deserve disability retirement.

Typical Requirements

• You have 18 Months (FERS) or 5 Years (CSRS) of service.
• The federal employee cannot perform the duties of their position due to a disability.
• A disability is expected to last at least 1 year.
• There is no possible accommodation from your federal agency.
• The disability retirement application must be filed while employed or within 1 year of separation from employment.
• You must apply for Social Security disability benefits.

Deadline for Application

If you are currently employed, there is no deadline for filing a disability retirement application. Yet, employees should pursue any reasonable accommodations before seeking disability retirement benefits.

Current employees and those separated from federal service for 30 days or less must submit their applications for disability retirement through their agencies. If the employee has separated from federal service for 31 days or more, the Office of Personnel Management (OPM) must receive the application within 1 year of your separation date.

We Understand How the Office of Personnel Management Works

The Office of Personnel Management (OPM) is the agency in charge of reviewing all applications for federal disability retirement benefits. We know what they look for and what areas raise red flags. This knowledge allows us to work closely with you and your doctors to craft a finely worded, thorough initial application for benefits.

Appeals Process

If the OPM denies your initial application for disability benefits, you can pursue an appeal. If, it is important to understand all the potential steps you may face throughout the process:

Reconsideration request to the OPM: After receiving your denial letter, your first recourse is to request reconsideration from the OPM. At this stage, we can help you submit additional information to get the OPM to reverse its initial decision.

Merit Systems Protection Board hearings: If you do not succeed at the reconsideration step, we will request an appeal in an administrative law judge (ALJ) hearing before the Merit Systems Protection Board (MSPB). The ALJ will review your record fresh and submit a decision free from the OPM’s initial decision. If the ALJ does not respond in your favor, we can request a review before the full board.

Federal Court of Appeals hearing: If the MSPB hearings do not go well, we can appeal your retirement benefits to the federal circuit.

Modifying Retirement Status:

Suppose you are already retired and would like to change your retirement status to obtain disability retirement status. You did not pursue an annuity lump sum payment for your contributions over time. In that case, you must submit evidence that you became disabled while working in a position covered by FERS and that you could not perform the duties required of that position usefully and efficiently due to your injuries or disease.

Your former agency must verify that it attempted to accommodate you while you were still under its employ, and you must not have declined any offer by your former agency to accommodate or reassign you to a fitting, open position in the area (at the same grade and pay level) where your skills qualified. Employees who retire on disability are NOT eligible to the special retirement supplement offered to regularly retired individuals.

FERS Benefit Termination Under the Age of 60

Suppose you are under the age of 60. In that case, your FERS disability benefit will terminate if you are found to have recovered from your disabling condition and/or your wages during any calendar year are 80% or more than the current rate of your previous position’s basic rate of pay (also referred to as ‘restoration to earning capacity’). Your FERS benefits will also end if you become reemployed in Federal service in a capacity equivalent to your previous position (also known as ‘administratively recovered’).

You can reinstate your disability benefit after you were determined to recover medically or administratively only if complications from your injury or illness recur and you do not exceed the 80% cap on earnings. If you exceed the earnings limitation, your benefits can still be reinstated the first year after you drop below the 80% earnings mark.

Contact a Lawyer Today

If you are deemed eligible for FERS Disability Retirement benefits, the amount of your benefit and/or annuity will vary depending upon your age at the time of your separation from service and the number of years you acted as a civil servant.

Whether you need help applying for benefits or you want to appeal your denied disability retirement benefits application, we can help. Our federal disability retirement lawyer, Paul N Jones, has extensive experience representing the rights of federal employees in cases involving the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS).

Contact Paul N Jones Law Firm Today

If you are (or were) a federal employee considering filing for disability retirement or applied for disability retirement but were denied, please contact us for assistance in obtaining disability retirement for federal employees in all stages of the application process.