how to choose fers disability attorney

How to Choose a Federal Disability Retirement Lawyer.

• 1. Start Your Search Early. You don't have much time to make the decision to hire an attorney when OPM denies your claim for federal disability ...
• 2. Make Sure to Hire a Licensed Attorney.
• 3. Talk to More Than One Attorney.
• 4. Confirm Your Attorney's Experience.
• 5. Prepare for Your Initial Meeting With Potential Attorneys.

Full Answer

How do I hire a federal disability retirement attorney?

1. Start Your Search Early. You don't have much time to make the decision to hire an attorney when OPM denies your claim for federal disability retirement. Research attorneys early, and, at the very least, have a list of attorneys that you will call when you decide to make the decision to hire an attorney.

Why hire our law firm for FERS disability benefits?

To learn more about how we can help with your FERS disability, contact the federal disability lawyers at the Federal Employment Law Firm of Aaron D. Wersing, PLLC or give us a call at (833) 833-3529 to schedule an initial consultation.

How do I Prove my disability for FERS?

Top-Rated Federal Disability Retirement Attorneys. If you are a federal employee with a disability or illness expected to last for more than 12 months, you may qualify for Disability Retirement Benefits under the Federal Employees Retirement System (FERS). Upon qualifying, you can receive a portion of your salary for life.

Can a federal law enforcement officer get disability retirement for off duty?

Mar 06, 2010 · The problems inherent in filing a Federal Disability Retirement application under FERS or CSRS are multi-fold and multi-tiered. Even today, after years and years of practicing in this particular area of law, there is rarely a day which goes by that I haven’t learned something new — whether a slight wrinkle in opm disability law; whether in a nuance of a description of a …

How do you win federal disability retirement?

1. You must have completed at least 18 months of Federal civilian service which is creditable under FERS. 2. You must, while employed in a position subject to the retirement system, have become disabled, because of disease or injury, for useful and efficient service in your current position.

How long does FERS disability last?

one yearFor eligible FERS employees, if a disability is expected to last at least one year AND this disability inhibits an employee from fulfilling the responsibilities of their job, they are eligible for a benefit of 60% of pre-disability income for the first year and 40% every year thereafter while disabled.

Do you get back pay for FERS disability?

FERS disability retirement benefits may include back pay. You will be eligible to be paid back to your LDOP (Last Date Of Pay), which is the last date that you worked or received any paid leave, including vacation, sick, and administrative leave pay, as well as donated leave.Apr 16, 2020

How long does it take to process FERS disability retirement?

How long will it take to process my federal retirement application? It takes around 60 days (2 months) to process applications for common cases.

Is it better to go on disability or retire?

In most cases, it is better to receive disability benefits until you reach full retirement age. If you collect early retirement, your benefits are permanently reduced. If you receive SSDI payments until you reach full retirement age, there is no permanent reduction in your retirement benefits.

What conditions qualify for disability?

Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.Mar 24, 2021

What is retirement disability?

Disability retirement is available to Federal employees who do not meet age and service requirements for a regular retirement and have a medical condition that prevents them from performing at least one of the duties of their position.

What is FERS disability retirement?

Also known as “Federal Disability Retirement”. The FERS Federal Disability Retirement benefits allow federal employees to retire early due to an injury or disability that impairs their ability to perform at least one essential function of their job.

What happens to my FERS disability when I turn 62?

Recomputation—At age 62, a person who is collecting FERS disability payments has their retirement annuity recalculated. This means that the disabled person would have their annuity recalculated to include service credit for the time since disability until age 62 for their annuity.

Can you get FERS disability and Social Security?

A: Yes, you can receive both OWCP Federal Workers' Comp and Social Security Disability benefits at the same time, however these benefits offset.Jul 27, 2020

What are the qualifications for federak disability benefits?

Federal disability benefits are available to those federal employees who have become disabled due to injury or disease that prevents them from perf...

How do I apply for disability for FERS?

To apply for FERS, you will need to complete several forms that can be obtained from the Office of Personnel Management (OPM) or through your agenc...

How do I file an appeal for a denial of benefits?

If OPM denies your application, a FERS disability lawyer can help you file an appeal. You have 30 days from the date of the denial to file for a re...

How long is FERS disability?

The benefits you receive will depend on your age and how long you worked for the federal government. The duration of your disability depends on you...

Who pays for a FERS disability lawyer?

If you choose to retain a federal disability lawyer, you will generally be responsible for the legal fees, although these fees are recoverable from...

What is the difference between FERS and CSRS?

FERS/CSRS disability benefits differ from Social Security disability (SSDI), since SSDI requires you to show that you’re completely disabled and unable to work, whereas FERS/CSRS only requires that you are unable to fully perform your position of record.

What is federal disability?

Federal disability benefits are available to those federal employees who have become disabled due to injury or disease that prevents them from performing “ useful and efficient service ” in their current job position. That means you cannot carry out one or more essential elements of your work position.

How long do you have to file for disability?

If you plan to apply for federal disability retirement benefits, you must file your application within one year after separation from your job. This means that you can submit your application while you are still working or within one year of your federal government separation date. Your separation date isn’t necessarily ...

How long does it take to appeal a disability claim?

If OPM denies your application, a FERS disability lawyer can help you file an appeal. You have 30 days from the date of the denial to file for a reconsideration, and you can elect an additional 30 days to provide updated, additional information for OPM to consider. When you submit your reconsideration documents, you can then include updated or new information that could improve the chances of getting your application approved.

How much do you get if you retire at 62?

If you are at least 62 at retirement, your benefits will vary depending on your service length. You may receive about 1% of your high-3 average salary for every year of service . For example, if you worked for the federal government for 18 years, you will receive 18% of your high-3 salary.

How long do you have to be disabled to be eligible for FERS?

You must have completed no less than 18 months of federal service in a position which FERS guidelines cover. You must be disabled as a result of either an injury or illness, and as a result no longer able to provide “useful and efficient service” in your current job title.

How long do you have to be a federal employee to qualify for disability?

You must have completed no less than 18 months of federal service in a position which ...

How to file for disability benefits?

Our federal employment attorneys have helped thousands of employees from coast-to-coast with the complex and sometimes technically overwhelming process of filing (and securing) disability retirement benefits. We encourage any Federal employee going through the process to consult with our lawyers in order to: 1 Ensure you meet all mandatory filing deadlines and do not get a denial due to a technicality. 2 Gather all necessary claim information to establish evidence of your disability. Federal guidelines define a legal disability as a medical condition which causes a “service deficiency in performance, conduce, or attendance.” Evidence may be submitted in the form of medical findings, medical diagnoses or opinions, written statements by applicants of pain or disability if supported by medical evidence, and more. 3 Fill out all necessary forms. In order to apply for federal disability you will need to file forms SF 3107 (Application for Immediate Retirement) and SF 3112 (Documentation in Support of Disability Retirement). Depending on your particular situation, you may need to file additional paperwork. For instance, if you are under age 62, you must also submit documentation proving you have applied for SSDI benefits. 4 Ensure correct calculation of your benefits. Beware: Benefits are often approved but calculated incorrectly! 5 Ensure you know about (and take advantage of) your appeals rights. We have filed Reconsideration requests with the OPM, appealed to the MSPB (Merit Systems Protection Board), Federal Appeals Courts, and have even aggressively represented Federal employees all the way to the US Supreme Court.

What is legal disability?

Federal guidelines define a legal disability as a medical condition which causes a “service deficiency in performance, conduce, or attendance.”. Evidence may be submitted in the form of medical findings, medical diagnoses or opinions, written statements by applicants of pain or disability if supported by medical evidence, and more.

How long does a disability last?

Your disability must be expected to last no less than one year. This is referred to as Continuity. You must prove the disabling condition is expected to “Continue” for a year or more. Your employer must provide certification that they cannot accommodate your medical condition in your assigned job position.

Do you have to be injured to qualify for FERS?

You do not need to be injured on the job to qualify for federal disability retirement benefits. That being said, if your injury was on the job you may also qualify for federal workers compensation benefits. However, it does not matter if your injury was on or off the job when it comes to FERS disability retirement. Q.

What is federal disability retirement?

Federal Disability Retirement involves a complex bureaucratic process involving many stages and many obstacles. Because of its inherent complexities, it is important to consult with a lawyer who specializes in Federal Disability Retirement Law in order to give you the best chance of success.

How to contact OPM?

If any Federal employee is contemplating filing for OPM Disability Retirement, he or she should contact me at 1-800-990-7932. You may also E-mail me at [email protected]. Thank you. Robert R. McGill, Esquire.

What is OPM in the US?

OPM — the acronym standing for the “U.S. Office of Personnel Management” — is the Federal Agency which receives and reviews all disability retirement applications filed by a Federal or Postal employee under the Federal Employees Retirement System (FERS) or the older system of CSRS. OPM Disability Retirement is a benefit granted to all Federal ...

When your secure future is at stake, turn to us

At Andalman & Flynn, we fight for and defend the rights of federal workers and United States Postal Service (USPS) workers nationwide to protect and secure their financial futures. Nearly all federal workers and postal workers since the late 1980s are covered by the Federal Employees Retirement System (FERS).

Understanding the Federal Employees Retirement System

Imagine being a federal employee in a secure, high-ranking position within a U.S. government agency. For the past 22 years, you have dedicated your life to service, rarely missing a day’s work and boasting outstanding performance throughout your career.

Serving Federal & Postal Workers Nationwide

Our Maryland-based law firm doesn’t just serve federal and postal workers in the Old Line State: We are proud to represent clients nationwide who need assistance recovering their FERS benefits. Don’t let your years of dedicated service and financial stability come crumbling down due to a life-changing personal injury.

Areas We Serve

Click to learn more about our services in the cities below, or contact our office to learn more.

Which One Are You?

Most of our clients approved for OPM disability retirement are in one of two categories:

The Application Process

The Office of Personnel Management (OPM) is the trier of fact in disability claims of this type. They will issue a Decision of APPROVED or DENIED, based upon review of documents that you submit. the package must be completed and provided within ONE YEAR of your date of separation from your employer or you will be forever barred from applying.

Pitfalls, Problems and Considerations

Most people are not aware that the Office of Personnel Management receives thousands of applications for disability retirement per month. Consequently, it is vitally important that OPM gets everything that they need to review your claim on the first attempt or your decision could be delayed for months or years.

Some of the issues of the uninitiated include

Failure to apply within one year from the date of separation from the employer.

Do the Math

Some people represent themselves in their attempt to obtain OPM disability retirement. Others request the help of a friend or colleague who does not regularly secure OPM disability claims on a daily basis.

Our Peace of Mind Guarantee

If I accept your case, we expect to win your OPM disability claim. If we don’t win your case, we return 100% of our fee. I make that guarantee because I am supremely confident in our ability to secure OPM disability for every one of our clients. Contact me now to discuss your case with an experienced OPM disability retirement lawyer.