how to choose fers ss 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... 2. Make Sure to Hire a Licensed Attorney. There are many attorneys and many non-attorneys that handle disability... 3. Talk ...

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How do I hire a federal disability retirement 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... 2. Make Sure to Hire a Licensed Attorney. There are many attorneys and many non-attorneys that handle disability... 3. Talk ...

Does FERS pay into social security?

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.

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

Mar 28, 2015 · For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.. On SF 3112A, at the very …

Can I receive FERS&SSDI benefits concurrently?

However, Social Security has a very low threshold of capacity to earn any income before you “lose” it (normally somewhere in the range of $1200 – $1300 per month), and so if the FERS Disability Annuitant plans on working at some private sector job making more than the threshold amount, it may not be worthwhile to even pursue Social ...

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.

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

How long does FERS disability retirement last?

Under the FERS benefits system, disability retirement annuitants will receive the benefit until they reach age 62, at which point they will involuntarily transfer to the normal pension benefit.Oct 12, 2021

How long does it take to get approved for federal disability retirement?

It takes around 60 days (2 months) to process applications for common cases. Your application could take longer if: We need additional information from you or your former employing agency.

What conditions automatically qualify you for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What is FERS disability?

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.

Is it better to retire or go on disability?

Deciding Which Program to Apply For 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 are not approved for disability, you'll be left with reduced benefits permanently.

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.

Is FERS disability tax free?

Under rules of the Internal Revenue Service, your Federal Employees Retirement System (FERS) disability annuity is subject to Federal Income Tax.

How is FERS disability retirement calculated?

For the first 12 months of your eligibility for FERS disability retirement benefits, your gross benefit is 60% of your high-3 minus 100% of any Social Security Disability benefits you receive. To determine the monthly benefit, divide the total annual amount by 12.Apr 16, 2020

Can I work after disability retirement?

Working while on Federal Disability Retirement Unlike other benefits (i.e., OWCP Workers' Compensation), once approved for the Federal Disability Retirement annuity, you can continue working in the private sector and earn up to 80% of your original position's salary.Feb 25, 2021

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.

Do I have to file for Social Security Disability Income (SSDI)?

Filing for Social Security Disability benefits is “required” when filing for Federal Disability Retirement benefits under FERS. This additional step, however, has always been somewhat confusing and problematic.

FERS Disability Retirement and SSDI Offset

The plain fact is that the U.S. Office of Personnel Management doesn’t care a twit about Social Security Disability Insurance – unless it is approved, and that, only if the FERS Disability Retirement application is also approved.

An example of the FERS-SSDI offset calculation

Thus, by way of example: Hypothetical Annuitant A: A former Postal worker made $55,000.00 per year (and, for purposes of making this example simple, the same amount for the average of his highest-3 consecutive years of service.) Thus, in the first year, he receives $33,000 as his FERS annuity (60% of $55,000), and in the second year, $22,000 as his FERS annuity (40% of $55,000).

Should I pursue Social Security disability benefits?

Thus, the factors that one should consider when pursuing Social Security Disability concurrent with a FERS Disability Retirement application, should take into account the following questions:

FERS Disability Retirement Attorney: The Social Security Requirement

For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.

The Social Security Factor on the FERS Disability Retirement Claim

For the FERS employee, whether as a Federal, non-Postal employee, or as a Postal worker, who intends to file for Federal Disability Retirements benefits through the U.S.

Medical Retirement Benefits for US Government Employees: Interactions

Preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, is a necessary step for a Federal or Postal […] Read More …

Disability Retirement for Federal Government Employees: FERS & SSDI Filing

At some point in the process of filing for Federal Disability Retirement benefits under FERS (CSRS is exempted from this particular aspect), the Federal or Postal employee must file for Social Security […] Read More …

Federal Employee Medical Retirement: FERS & SSDI

Of course one must file for SSDI (Social Security Disability benefits) when a Federal or Postal employee under FERS (the Federal Employees Retirement Systems, as opposed to CSRS, […] Read More …

CSRS & FERS Disability Retirement: Agency Interaction

Federal Agencies often act like little fiefdoms. This is not necessarily a negative thing; each agency is an independent entity, and each has a province of responsibilities which it must carry out and execute according to the statutory mandate provided […] Read More …

OPM Disability Retirement: Social Security Disability

Under the rules concerning FERS disability retirement applications, one must file for Social Security Disability. As most people already know, there is an interaction/ offset between Social Security Disability benefits and FERS disability benefits, if both are approved (100% offset in the first year of annuity, 60% offset […] Read More …

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 ...