Individuals often remind government workers of the advantages of their positions. But if you were for the federal government, you may at times feel trapped and without rights. This is especially true for workers who have a disability. Federal Employees Retirement System (FERS) disability eligibility is complex. Many federal employees are not aware of this program’s existence. Others, while aware, may lack proper guidance and feel hindered from accessing the benefit they are entitled to, and left without options. Attorneys skilled in assisting federal employees can help fight for your rights. Understanding Federal Employees Retirement System Disability Benefits Defining FERS FERS stands for Federal Employees Retirement System and is a retirement plan. Most new Federal civilian employees hired after 1983 are automatically covered by FERS, whereas prior to this point most employees were covered under CSRS. Federal civilian employees also have a TSP retirement, however individuals must note that FERS and TSP (Thrift Savings Plan) are not the same. TSP is an optional retirement option, separate from your FERS pension. Understanding Federal Employees Retirement System Disability Eligibility The United States government’s Office of Personnel Management provides a pamphlet regarding FERS disability retirement. However, it can often leave the reader more confused than confident in their understanding. FERS disability retirement eligibility is very complex. It involves financial and legal information best analyzed by a lawyer for federal employees. The purpose of Federal Employees Retirement System disability benefits is to provide income to federal workers who: Have a disability expected to last at least one year; and Are unable to fulfill the responsibilities of their job as a result of the disability. Unfortunately, workers most entitled to FERS eligibility are often overwhelmed and facing many obstacles due to their disabling condition. Tackling Federal Employees Retirement System disability benefits may appear impossible. However, FERS disability retirement eligibility, when met, provides important rights. A Federal Employees Retirement System disability benefits lawyer knows how to fight for this right. FERS Disability Retirement Eligibility Requirements As stated above, an initial hurdle to obtaining FERS disability benefits includes proving that a disability impacts you to the point where you can’t be expected to adequately perform your duties for at least one year. That is just the start. In addition the worker: Must have paid into Federal Employees Retirement System disability benefits for at least 18 months; and Must not have declined a reasonable accommodation, such as a transfer to a job for which they were qualified, if the federal agency employing the person tried to accommodate their disability or move them to another department. Another critical item to note is that the worker must have applied for Federal Employees Retirement System disability benefits while still employed or within one year after separation from the job. Financial Impact After Proving FERS Disability Retirement Eligibility If the government approves your Federal Employees Retirement System disability benefits, the amount of your benefit will depend on intricate calculations. The amount of benefits is different for each individual. Calculating benefits currently includes an analysis of earnings at various points in the person’s career and an age review. An employee can get an accurate picture of available benefits by requesting a FERS benefits estimate from their agency. The Complexity of FERS Disability Retirement Eligibility The aforementioned is only a brief overview of examinations required regarding eligibility and a successful application for FERS disability benefits. Here some additional stipulations to note. The Injury When determining disability, there are several medical considerations as well as exceptions. Common injuries that might support a claim for FERS disability benefits include: Back and neck injuries; Hand, shoulder, hip, or knee injuries; Eye injuries; and Amputation. Psychological conditions can also support a claim for disability benefits, though they can sometimes be trickier to document than some physical injuries. Essentially any mental or physical disability that impairs your ability to work may qualify, such as PTSD, depression, anxiety. Alternate Job Offer Any job offer the government makes to the disabled party should be at the same pay level the person is receiving, or higher. It also must be within the same commuting area. Both of these requirements must be met to invoke the requirement that the party accept the offer, assuming it would actually accommodate the disability. SSDI Anyone applying for FERS disability retirement eligibility must also apply for SSDI (Social Security Disability Insurance ). However, it is not required that SSA approve the SSDI application. Other Work Income If the government provides the worker with FERS disability benefits, they cannot keep their federal job, as they proved an inability to perform the job due to a disability. However, they may be able to work in a private-sector job. There are strict income requirements regarding this option. Importance of Legal Representation for Federal Employees Retirement System Disability Benefits Disabilities can cause tremendous stress. When a disability impacts one’s ability to work, the stress understandably increases. In some cases, those same workers begin experiencing discrimination, resentment, or retaliation in the workplace. Top-notch Federal Employees Retirement System disability benefits attorneys will offer relief and protection. Individuals should never forget that they have the right to: Seek legal advice, Be free from retaliation, and Utilize legal protections in place. A federal employer may fail to acknowledge one’s disability or inform them of the rules regarding FERS disability retirement eligibility. Other times, the employer may discourage the worker from pursuing benefits. Also, workers may feel overwhelmed with applying for Federal Employees Retirement System disability benefits. If you find yourself in this situation, you should speak with a lawyer clients trust who is knowledgeable in Federal Employees Retirement System Disability Benefits. The Law Office of Aaron D. Wersing Attorney Aaron Wersing graduated from the Georgia State University College of Law and received the CALI Excellence for the Future Award. Since that time, he has continued a path of excellence as the founding attorney for the Law Office of Aaron D. Wersing. Aaron’s practice includes the evaluation and resolution of a diverse variety of federal employment matters. Aaron is an advocate who knows how to handle any...Read More
The Law Office of Aaron D. Wersing PLLC
The Lawyer for Federal Employees
Federal employees have unique rights unlike other employees, and many of those rights are governed by specific laws that are unique to federal employees. The Law Office of Aaron D. Wersing PLLC is dedicated to helping federal employees understand and protect their rights.
Just like other employees, federal employees can face an array of challenges. When these challenges require you to file a lawsuit, an administrative complaint, or a claim for benefits, it is important that you have a knowledgeable advocate on your side. The Law Office of Aaron D. Wersing has experience with all types of legal issues affecting federal employees, including disability claims, discrimination and harassment, whistleblower claims, retaliation, wrongful termination, and other adverse employment actions.
If you are a federal employee, the process for protecting your rights is different than for most employees in the private sector. It is important that you have an attorney with specific experience in federal employee law, not just general employment law. Our practice is directly focused specifically on federal employee law.
Enforcing your rights as a federal employee frequently involves navigating various layers of bureaucracy. Additionally, it can often be challenging to determine which agency is responsible for your specific type of claim and what process that agency requires you to comply with.
The Law Office of Aaron D. Wersing has experience working with numerous agencies across the federal government regarding federal employee issues. These issues can include complaints or claims involving:
- The Merit Systems Protection Board (MSPB),
- The Equal Employment Opportunity Commission (EEOC)
- The Office of Special Counsel (OSC)
- The Federal Employees’ Retirement System (FERS)
- The VA Office of Accountability and Whistleblower Protection (OAWP)
- The National Labor Relations Board (NLRB)
- The Federal Labor Relations Authority (FLRA)
When dealing with claims before these agencies, even small mistakes, such as missing filing deadlines, failing to gather adequate supporting documents, or filing a claim with the wrong agency can be costly. Having an experienced federal employee attorney on your side can make all the difference.
At the Law Office of Aaron D. Wersing we are passionate about helping federal employees with any legal issues they may face. If you need help pursuing benefits you are entitled to or protecting your rights against wrongful conduct, contact us today.
How We Can Serve You
Meet Aaron Wersing
Federal Employee Attorney
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. His practice focuses solely on assisting federal employees in a broad array of litigation and transactional matters. Mr. Wersing’s practice includes the evaluation and resolution of a diverse variety of federal employment matters.
I can’t say enough good things about Mr. Wersing. He was dedicated to my case and because of his dedication he won my case. I was lost without him. I went to many attorney’s and all of them told me they were unable to help me because the government was to hard to fight against, but not Mr. Wersing. He knew his stuff . If your looking for an attorney who treats you like a person and just not like another number, Mr. Wersing is that attorney. He knows his stuff and will fight for your rights. I can never thank him enough.- Sandy | EEOC
Aaron Wersing is at the very top of every attorney I have met or dealt with. He is a patient, pleasant and professional attorney who is mission oriented and dedicated to get the job done. He helped me through a very arduous disability process allowing me to keep my self dignity and respect. I cannot imagine working with any attorney other than Aaron Wersing when applying for Fers Disability or any other employment & labor, employee benefits or workers compensation issues.- Howard M. | FERS Disability
Aaron is not only confident in getting things done, he is very compassionate and caring. He is a true fighter for what he believes is right. My case was a bit complicated but Aaron never backed down. Applying for OPM can be daunting and personal. Aaron has the ability to keep you focused and on track which means he understands how emotional it can be for somebody that has to retire due to medical conditions. Because of Aaron my OPM was approved the first time and we didn't have to do a reconsideration. If you want a good attorney that will fight for you, Aaron is your man. I will be forever thankful.- Tammy | FERS Disability
The Law Office of Aaron D. Wersing Library
Empowering Federal Employees To Know and Exercise Their Rights
Thousands of federal employees file an appeal with the Merit Systems Protection Board (MSPB) each year. Over the past three years, only 3% of federal employees were successful. The success rate increases to 18% if you eliminate cases that settle before going to a hearing and those dismissed for procedural errors. Below are some tips on how to win an MSPB appeal, but first you should understand how the appeal process works. What Is an MSPB Appeal? If a federal employee is subject to a major adverse action by a federal agency, such as demotion, suspension of 15 days or more, or removal, he or she can generally appeal to the MSPB (note that certain agencies and/or positions are not eligible for MSPB appeals, such as a Title 38 employee at the VA). The MSPB is a quasi-judicial federal agency. Its duties include resolving certain employment-related disputes between federal agencies and their employees. What Is the MSPB Appeal Process? An appeal is appropriate only after the agency notifies the employee of the proposed action, the employee responds verbally or in writing in an attempt to mitigate, if desired, and then the adverse action is subsequently sustained against the employee. Jurisdiction Before filing an appeal, the employee must determine whether the MSPB has jurisdiction over the action and the employee filing the appeal. The MSPB has jurisdiction to hear an appeal involving the following actions, but includes others as well: Performance-based actions, Reductions in grade or pay, Denial of within-grade pay increase, Suspensions for more than 14 days, Furloughs for 30 days or less, Denials of restoration or reemployment, Suitability actions, Reduction in force, and Misconduct actions. The MSPB will hear discrimination cases only if they are in connection with an action otherwise within MSPB’s jurisdiction. Some appeals will be heard only after you exhaust the procedures of another governing agency, such as veteran’s employment and whistleblower retaliation claims. Federal employees eligible to file an MSPB appeal include: Competitive service employees who have completed a probationary period; Employees in the excepted service, other than preference-eligible employees, with at least two years continuous service in the same or similar position; Preference-eligible employees with one year of continuous employment in the same or similar position; and Postal Service supervisors, managers, and employees engaged in personnel work with one year continuous service in the same or similar position. An MSPB attorney can help determine your eligibility to file an appeal. Filing the Appeal Timing Typically, you must file your appeal within 30 calendar days of the date of the action or within 30 days after receiving the agency’s decision, whichever is later. There are exceptions however, such as actions taken by the VA under 38 USC §714, which have a reduced deadline of 10 business days to file the appeal. If the appellant and agency mutually agree in writing, prior to the timely filing of an appeal, to use an alternative dispute resolution process, the time limit for filing the appeal is 60 days. Format The format and contents of your appeal must meet all the MSPB’s requirements. To ensure you do this, the MSPB provides an approved form if you wish to submit your claim in writing, or you can submit your appeal online through e-Appeal Online. Hearing The MSPB will assign an administrative law judge (ALJ) to your case, who will request additional information and responses from you and the agency. The ALJ will address settlement as well, which may involve the MSPB’s MAP program. If the case does not settle previously, a hearing will take place to allow the parties and witnesses to testify. The ALJ will issue an initial decision, which becomes final 35 days later, unless a party petitions for review to the MSPB’s appellate division, known as the “Board”. Further appeal If you are dissatisfied with the ALJ’s initial decision, you may either file a petition for review to the Board or typically with the U.S. Court of Appeals for the Federal Circuit. Your appeal to the federal courts must be done within 60 days of the Board’s decision. How to Win an MSPB Appeal? The MSPB says the most common reasons as to why employees lose their cases is because they fail to bring forth a proper case by misinterpreting the law or not providing important evidence. Here are some tips on what to do (and what not to do) to increase your chances of winning an MSPB appeal. Request All Material Used By the Agency When an agency takes an adverse action against you, you have the right to review the material it relied on to make the decision. You should exercise this right and obtain all the material to build a strong case against the agency. To create a well-crafted argument, you need to know what information was used against you. File on Time Timeliness of filing your appeal is of utmost importance. Do not miss the filing deadline Generally, you have 30 days from the date the action is taken against you to file your appeal. Although the MSPB may excuse late filing if you have a good reason and provide supporting documentation, this rarely happens. The MSPB processes thousands of cases each year, and it is incredibly strict about deadlines. Remember, your initial appeal form only needs to include the basics, such as the facts and legal issues of your case. The ALJ will request additional information after you file. The important thing is to get the appeal in on time. Do not file too early You can only file your appeal after the effective date of the action against you or after the agency issues a final decision regarding your performance or conduct. File a Complete and Proper Form File with the correct regional or field office. You must file your written appeal with the MSPB’s regional or field office where your duty station is located at the time the action took place. From time to time the jurisdiction of the offices change, so check the MSPB website for the most up-to-date information. Pay attention to every detail on...Read More
Federal employees who become disabled face significant stress. From handling pain and multiple doctor appointments to worrying about finances and an uncertain future, a federal employee can be overwhelmed. The last thing that a disabled federal employee should have to deal with is filing complex paperwork to apply for federal disability retirement benefits. At the Law Office of Aaron D. Wersing, our federal employee disability retirement lawyers take the worry out of applying for benefits. We help our disabled-federal-worker clients so that they can focus on their health and their families. Our hands-on approach keeps our clients informed throughout the entire process, from completing the initial paperwork to the appeal of a benefit denial. We are experienced in all aspects of Federal Employees Retirement System (FERS) disability retirement benefits so that federal employees don’t have to be. FERS Disability Retirement Requirements To be eligible for the FERS disability program, federal employees must have worked in a covered position for at least 18 months. In addition, an employee must have become disabled while employed and the disability must be expected to last for at least one year. Importantly, however, a work-related injury or illness need not have caused the disability. Federal employees can apply for disability retirement benefits at any age. What Disabilities Qualify for Federal Disability Retirement Benefits? To qualify for federal disability retirement benefits, an employee must experience either a physical or mental disease or injury. The employee’s disability must prevent “useful and efficient service” in the employee’s current job with the federal government. Essentially, the federal employee must be unable to perform one or more essential job functions of their current position. If the employing federal agency can accommodate the worker’s medical condition, the employee may continue to work in his or her current position. In that case, the employee will not be eligible for federal disability retirement. Alternatively, if the employing agency can transfer the disabled employee to a different job, known as the accommodation of last resort, the employee will not be entitled to disability retirement benefits. The new job should be at the same grade or pay level and in the same commuting area. In short, the employee may apply for federal disability retirement only if the employing agency is unable to accommodate the employee’s disability. Five-Step FERS Disability Retirement Application Process There are five essential steps that a federal employee needs to follow to apply for FERS disability retirement. Step One: Apply for Social Security Disability Benefits Why? Because when a federal employee applies for FERS disability retirement, the employee must indicate whether he or she has applied for Social Security disability benefits. Remember, you do not have to be approved for SSDI, but you must apply. The applicant also must attach a copy of the Social Security application receipt or award notice to the FERS disability retirement application. If a disabled employee receives Social Security disability payments, the amount of federal disability retirement payments under FERS will be reduced. Importantly, if the Social Security Administration denies disability benefits, federal employees still may be entitled to FERS disability retirement payments. Step Two: Complete Standard Form 3107, Application for Immediate Retirement Form 3107 is available from federal personnel offices or online at www.opm.gov/forms/standard forms. Federal employees must file their application for federal disability retirement benefits while still employed with the government or within one year of their separation date. The Application for Immediate Retirement is several pages long and asks for detailed information, including: Identifying information, Description of federal service, Marital information, Type of annuity elected, Insurance information, Other claim information, Payment instructions, Applicant’s checklist, Military service and military retirement pay information, Workers’ compensation information, and Applicant’s certification that all statements are true. Form 3107 also includes the Certified Summary of Federal Service, SF 3107-1. The employing agency completes this certification form to provide a history of the employee’s federal jobs, earnings, and FERS coverage. You can apply for FERS disability retirement before the agency completes this form. After the agency completes that certification, the employee must review and sign it, attesting that it is accurate. The agency also should complete the Agency Checklist of Immediate Retirement Procedures, which is part of Form 3107. In addition, depending on your responses to certain questions, supplemental documentation may be required, such as a marriage certificate, W-4 form, or a DD-214, for example. For guidance on how to complete the application, disabled federal employees can review the instructions that accompany the Application for Immediate Retirement. They may also read an informational pamphlet SF 3113 titled Applying for Immediate Retirement Under the Federal Employees Retirement System. Step Three: Complete Standard Form 3112, Documentation in Support of Disability Retirement Application Disabled federal employees need to provide documents that support their FERS disability retirement application. Standard Form 3112 includes five main forms, some of which are completed by the applicant and others to be completed by their physicians or agency. In general, employees use these forms to document their medical condition to show that they are disabled and unable to perform their job duties. The disabled employee must complete Standard Form 3112A, Applicant’s Statement of Disability. On that form, the applicant describes his or her disease or injury and how it affects current job duties. The applicant then lists the physicians and dates of treatment that can support his or her claim of disability. Next, the federal employee must ask each doctor to complete Standard Form 3112C, Physician’s Statement. The employee should also provide each doctor with a current job description. With that job description, each doctor can state how the employee’s disease or injury affects the employee’s ability to work. In addition to completing the form, each doctor must enclose medical documentation of the patient’s medical condition on letterhead stationery. Doctors must provide copies of all medical reports detailing the patient’s symptoms and history, diagnostic tests, diagnosis, treatments, and therapies. The doctors also must indicate if and when the employee will recover. Finally, if the doctors place any restrictions on...Read More