what does a federal disability retirement attorney do?

Is it hard to get federal disability retirement?

My experience representing individuals seeking federal disability retirement for federal and postal workers is that most workers underestimate the difficulty of winning these vitally important benefits provided by the FERS and CSRS retirement systems.

How long does it take for federal disability retirement?

The turnaround time for a FERS disability retirement application varies from case to case. Sometimes the Office of Personnel Management (OPM) can do it in as little as three months. Other times it can take longer than a year. The average time, however, is six to nine months.

How does FERS disability retirement work?

FERS payments: FERS applicants are eligible as long as they have at least 18 months of credible service with the federal government. The federal disability retirement will pay them 60% of their High 3 average earnings the first year and 40% of their High 3 every year after until they reach the age of 62.

Can you work after federal disability retirement?

If you are under age 60, you can earn income from work while also receiving disability retirement benefits; however, your disability annuity will stop if the Office of Personnel Management (OPM) determines that you are able to earn an income which is close to what your earnings would be if you had continued working.

What conditions qualify for 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.

What conditions are automatically approved 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...

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.

Is disability retirement more than regular retirement?

A. FERS disability retirement provides the greater benefit, even for employees with as many years as you have. Note: If you file for FERS disability retirement, you must also file for Social Security disability benefits.

Is federal disability taxable?

The IRS states that your Social Security Disability Insurance benefits may become taxable when one-half of your benefits, plus all other income, exceeds an income threshold based on your tax filing status: Single, head of household, qualifying widow(er), and married filing separately taxpayers: $25,000.

How much can I earn on FERS disability?

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.

Can I get early retirement and disability?

Social Security allows you to simultaneously file for disability and early retirement benefits, as early as three months before your 62nd birthday. By doing so, you can start to collect your early retirement benefits while your disability application is being adjudicated.

Who represents federal employees in connection with applications for federal disability retirement?

Alan Lescht and Associates represents federal government employees in connection with applications for federal disability retirement: Obtaining required supporting documentation, such as medical records and Social Security Administration (SSA) records.

What is disability retirement?

Disability retirement is a category of federal retirement benefits. There are several requirements for eligibility. First, you must suffer from a medical condition or disability that is expected to last for at least a year and that causes you to be disabled in at least one essential element of your job. Second, your agency must certify that it is ...

What is the 80% rule for federal retirement?

Federal Disability Retirement: The 80% Rule and Other Considerations. In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is always the future which one must plan for — the short-term future of obtaining Federal Disability Retirement benefits from the Office of Personnel Management;

Can a partially disabled federal employee get a job?

Can an injured or partially disabled Federal Employee who has been approved for Federal Disability Retirement benefits under FERS or CSRS go out and obtain a State, County or City job, or one in the private sector, which is similar to one’s former Federal job? The general answer is “yes” — so long as one adheres to the 80% rule, ...

What to do if you lose your disability case?

Sleep on it and make sure you are comfortable with your attorney's experience, reputation, fees, and understanding of your case. That way, even if you lose your case, you will feel that you got your "day in court.". Talk to a Disability Lawyer.

How to get an attorney for OPM?

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.

What to do if you can't afford an attorney?

Be candid with the attorney you want to hire -- if you cannot afford the fees, tell the attorney what you can afford and propose some different fee arrangements. Most important, don't make your decision on the spot.

Can an attorney handle disability claims before OPM?

If you need to appeal a denial, an attorney who handles federal disability retirement claims before OPM, but who has never represented employees before the MSPB, is like a car without wheels. Given the fact that, as a practical matter, the MSPB is the last chance you have to get your disability retirement granted, ...

Can you get representation fees reimbursed by MSPB?

However, you can't get representation fees reimbursed by the MSPB (Merit Systems Protection Board) if you hire a non-attorney. Also, attorneys have been to law school, have a license to practice law, and have higher ethical standards that we must follow in order to keep our licenses.

Do attorneys charge for MSPB appeal?

Some attorneys charge low fixed fees for the application, but very high hourly rates for an MSPB appeal. Some attorneys charge only for the application, but do not represent before the MSPB. Others only represent applicants before the MSPB.

What are the qualifications to get federal disability?

Qualifications. You must medically qualify to get federal disability benefits. You must have a mental disease or physical injury that prevents you from performing “useful and efficient service” in your current job. This means you are unable to do a major part of your job.

How long do you have to work to get disability?

If you are covered under FERS, you must have worked as a postal employee or a federal civilian employee for at least 18 months. ­ To be covered by CSRS, you must have worked as a postal employee or federal civilian employee for at least five years.

Do you have to provide a diagnosis to the Office of Personnel Management?

However, you may have to provide a diagnosis or medical clinical reports as evidence to the Office of Personnel Management that you have a disability. These reports could show the cause of the disability.

Does disability matter?

The cause of the disability doesn’t matter, only that it prevents you from doing your job. For example, if workplace stress caused a mental or physical condition, it doesn’t matter. What matters is that the condition the stress caused prevents you from doing your job.

Who is responsible for furnishing medical evidence for disability retirement?

The employee is responsible for furnishing sufficient medical evidence to support the application for disability retirement. The employee’s medical documentation will normally be information from a personal physician. If the employee’s agency conducts the examination, the results of the examination must be furnished with the application.

When does OPM not approve disability retirement?

OPM will not approve an application for disability retirement when there is reasonable expectation that recovery will occur within one year after the filing of the application for disability retirement. A disability annuity is appropriate only when all the criteria have been met.

How long do you have to be in FERS to qualify for retirement?

The employee must also have at least 18 months of creditable civilian service.

What does "disallowance" mean in a disability application?

Disallowance of an application does not necessarily mean that the employee may not be disabled nor that the agency may not have difficult circumstances to resolve. It simply means that the documentation does not demonstrate that the criteria for disability retirement have been met.

What is OPM in disability?

the criteria that the Office of Personnel Management (OPM) considers in determining whether to approve an application for disability retirement; and. electing between a disability retirement and workers’ compensation benefits. It is in the best interest of both employees and the federal government for employees to remain gainfully employed in their ...

What is a determination of disability?

A determination of disability is made only when the information submitted along with the application for disability retirement indicates that there is a service deficiency caused by disease or injury of enough nature to prevent useful and efficient service by the employee.

Can a deceased employee receive a spousal survivor annuity?

If the deceased (former employee) was receiving workers’ compensation benefits at the time of death but had not made a timely application for disability retirement, then no FERS spousal survivor annuity can be paid.