Jul 17, 2024 | By Aaron D. Wersing | Read Time: 6 minutes | Federal Retirement

How Do I Calculate FERS Retirement With A Calculator?

Figuring out how to calculate FERS retirement can require some work. But luckily, we can help with calculating this for you. A FERS disability retirement calculator is exactly what it sounds like. So you want to know how to calculate federal retirement. It is a tool you can use to calculate the amount of payment you will receive if you retire due to a disability. Of course, this calculator tool is applicable only if you are a federal employee retiring through the FERS disability retirement program.  For immediate assistance, please don’t hesitate to contact or call (833) 833-3529 to reach our experienced FERS disability lawyers. How is FERS Calculated? A FERS disability retirement pay calculator works just as any other calculator does. You give the calculator a set of inputs and parameters, and the calculator gives you an answer. The output could be your annual payment (referred to as an annuity). Or it could be your monthly or weekly payment. On the other hand, your output could be the total amount of money you will receive over X amount of time (36 months, 20 years, etc). It all depends on what you ask the calculator to give as its output. It is up to you.  Many of the FERS retirement calculations depend on your high-3 salary. OPM defines your high-3 as the highest average basic pay you earned during any 3 consecutive years of service. Your basic pay is your basic salary paid for your position. This includes salary increases for which FERS retirement deductions are withheld, such as shift rates. It does not include payments for overtime, bonuses, etc. Further, if one’s total service was less than 3 years, the average salary is figured by averaging basic pay during all periods of creditable Federal service. The best way to find your high-3 average salary is to get a FERS benefit to estimate from your Agency. This report will show the official figures that will be sent to OPM.  While the OPM website does not have a specific calculator tool, they publish information on how they make the calculations online. Here, we summarize those guidelines. FERS Disability Computation If You Have Reached the Age of Retirement If you are age 62 or older when you retire due to a disability, the following FERS calculation applies. The calculation also applies if you meet the age and service requirement for immediate voluntary retirement and suffer from a disability. This calculation is known as an “earned” annuity since you have otherwise met the qualifications for retirement benefits. ‘ The calculation goes one of two ways. If you are 62 or older when you retire and have less than 20 years of service with the federal government, or are under 62 years old but qualify for immediate voluntary retirement, your annuity calculation will be 1% of your high-3 average salary for each year of service. Thus, if you serve eighteen years, your annuity is 18% of your high-3 average salary. Your high-3 average salary is the highest average basic pay (minus overtime) you receive for three consecutive years during your employment. If your salary tops out at $65,000 for three years, that’s your high-3 salary. If your annual salary was $55,000 three years before your disability, then $65,000 per year for only two years before the disability, your high-3 average salary is the average of $55,000, $65,000, and $65,000. If you are 62 years old or older and have at least 20 years of service to the federal government, your annuity calculation is different. Your annuity calculation is 1.1% of your high-3 average salary for each year of service. So if you have 20 years of service at this point, your annuity is 22% of your high-3 average salary. Because the calculations for disability retirement for someone 62 years old or older are the same as regular voluntary retirement, it generally does not make sense to apply for FERS disability if you are at least 62 years old.  Related Article: Minimum Retirement Age (MRA) for Federal Employees FERS Disability Computation If You Have Not Reached the Age of Retirement For these calculations, the assumption is that you are under the age of 62 at the time of retirement and not eligible for voluntary retirement at that time. There are 3 tiers given: For the first 12 months, your annuity calculation will be as follows: Your base annuity is 60% of your high-3 salary. If you receive social security, the total amount of your social security payment is subtracted from your FERS annuity as a 100% offset. If your “earned” FERS annuity is greater than this amount, your earned annuity will be your annuity payment. After the first 12 months, before you reach age 62, your base annuity calculation will be reduced to 40% of your high-3 year salary. If you receive social security, 60% of that amount will be drawn from your annuity. Just like the first 12 months, your “earned” annuity will be your annuity payment if that amount is greater than the base annuity (minus the social security offset). Once you reach age 62, FERS will recalculate your annuity from that point on. It will be the annuity you would have had if you were able to work until the day before you turn 62 and retire under FERS. In other words, the service computation reverts to the one we outlined above. What Are Disability Annuity Reductions? In some situations, your disability annuity can be reduced due to elections made during the application process. The main situation where this happens is when you are married and have a survivor benefit election. Unless your spouse consents to you electing a smaller than ‘full’ survivor annuity (which you establish at the beginning of your employment term), your annuity faces a reduction of either 5% or 10%. If you elect survivor benefits that are 50% of your benefit, a reduction of 10% occurs. On the other hand, if you elect survivor benefits of 25%, a...

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Jul 17, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

What Conditions Are Considered Disabilities?

If you find yourself on this web page right now, you probably already know a bit about the Federal Employees Retirement System (FERS). Under the FERS retirement disability program, workers who find themselves injured or otherwise disabled receive employment security benefits if they are unable to work due to their condition. Sometimes the benefits are temporary, but sometimes they are permanent. Furthermore, the Americans With Disabilities Act (ADA) prevents employers from discriminating against employees on the basis of disability.  Some of the most common disability-related questions we get from our clients at the Federal Employment Law Firm of Aaron D Wersing have to do with what the FERS and ADA consider a disability. Those questions include things like: If you have any of these or other related questions, you’re in the right place. We put together this page specifically to help you assess whether your injury qualifies you for disability benefits. What Is Considered a Disability? There are quite a few different medical conditions that FERS considers disabilities. In fact, there are too many to cover here. You can, however, find an exemplary list that the Social Security Administration (SSA) uses in its entirety right here. While FERS doesn’t use the exact same list, the two are very similar. After all, they both come from the federal government and serve near-identical functions. In all, the SSA’s list contains 14 categories of impairments:  This list encompasses a very broad range of different medical conditions and disabilities. At the end of the day, the most important element in qualifying for disability is demonstrating your inability to function at work as you would without the disorder. Additional Common Disorders Injuries to hands, feet, and other extremities can qualify you for disability benefits if you are unable to work. For example, it’s possible you can get disability for plantar fasciitis, arthritis, or tendon damage. It all depends on the circumstances of the injury and your job duties.  If you injure yourself enough to warrant an amputation, chances are you qualify for disability. The federal government considers thumb amputation a disability. In fact, the federal government considers any finger amputation a disability. While losing a finger may not seem as extreme a disability as a terminal illness, losing a digit can significantly impede one’s ability to work. If you’re wondering whether cancer is a disability, the answer is a resounding yes. FERS, the SSA, and the federal government as a whole all consider cancer a disability, as does the Americans With Disabilities Act (ADA). In fact, you may have noticed that cancer warrants its own category in the SSA’s full list of medical conditions. Cancer itself, and many of the treatments associated with it, take a significant toll on patients’ bodies. As a result, working is often entirely out of the question for individuals with cancer. Excluding cancer in any form from the list of disabilities would be entirely inappropriate. Need Help with Your Disability Claim? Contact Our Federal Disability Lawyers Today More often than not, the most difficult part of getting disability benefits is proving that your condition is sufficient to render you unable to work in your position of record. The problem is that there is a subjective element in determining whether someone can work or not. The best thing you can do to ensure this process moves forward is with the help of a FERS disability attorney. They can help you gather evidence that proves your disability’s impact on your life. At the Federal Employment Law Firm of Aaron D Wersing, federal disability benefits are one of our legal team’s primary focus areas. You have rights, so let us help you fight to protect them. Have a look at some of our client testimonials, then let’s get started. Call today!

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Jul 8, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Common Reasons for Disciplinary Action for Federal Employees

When you’re a federal employee, even a single disciplinary action can be enough to leave you without a job or a future career in government. That’s why employees need to understand the unique structure of the federal government’s employee discipline system and the typical behaviors that can trigger penalties.  In this blog post, we’ll explain how discipline works for federal employees, outline some common reasons for disciplinary action, and discuss what to do if you’re facing an employer’s sanction. Types of Federal Employee Disciplinary Actions  The disciplinary process works differently for federal employees than for private-sector workers. Under federal employment law, disciplinary action refers to a formal penalty issued against an employee by their agency. The federal Merit Systems Protection Board (MSPB) is the main body that regulates and enforces these sanctions. Individual agencies may also take additional adverse actions against employees who fail to meet standards of conduct or performance. However, different procedural rules may apply in those situations.  Let’s look at the four types of disciplinary actions federal employees can face.  Letter of Reprimand A letter of reprimand is a formal notice from your employer intended to document an issue with your behavior or performance. Although it generally doesn’t impact your pay or status, a reprimand letter will be on your employee record. Unlike the other disciplinary actions, your boss doesn’t have to give you advance notice before it happens.  Suspension Suspended federal employees can’t work or receive pay. Suspension can be temporary (e.g., one week or one month) or indefinite. Employees may also be banned from using other employment privileges during this period. Demotion A demotion generally reduces rank, grade, or pay level within the federal system. In some cases, demotion could also involve reassignment to less favorable tasks as punishment for wrongdoing or misbehavior.  Termination It’s a common myth that federal employees can’t be fired. Unfortunately, this is far from true. Although termination is saved for the most severe cases of federal employee misconduct, it does happen. Unlike in the private sector, terminating a federal employee is generally an extended administrative process. Federal employees typically can’t be removed with a valid reason or “cause.” Employees also have the right to appeal through the MSPB.  Reasons for Disciplinary Action Against Federal Employees The reasons for federal disciplinary actions generally fall into two categories: performance issues and misconduct.  Performance  As in the private sector, many performance-related situations could lead a federal employee to experience disciplinary action. Examples can include: If the problem is severe enough, any of these could be a valid reason for a federal employee to lose their job. However, your agency will generally give you a reasonable opportunity to remedy your performance issue before removing you entirely. Misconduct Misconduct generally happens when an employee intentionally violates a rule, policy, regulation, or standard of conduct expected of federal workers. Common examples of misconduct that can lead to an employee disciplinary action include: This is not an exhaustive list. Many other purposeful violations of federal regulations can result in employee disciplinary actions. The specific action you’ll face depends on numerous factors, including the nature of your wrongdoing, your job role, and your disciplinary history. What to Do About a Proposed Disciplinary Action at Work Unlike private-sector employees, federal workers generally have the right to respond to and potentially reverse any proposed disciplinary actions. Here are some steps you can take if you’re facing employer sanctions: Federal employees facing disciplinary actions also have the right to representation from a lawyer. An attorney trained in federal employment law can provide valuable guidance when dealing with a proposed disciplinary action. A legal professional can review the charges and evidence against you and help you prepare a strategic response. They can also represent your case if you file an MSPB appeal. The Legal Advocate Federal Employees Trust   Receiving notice of a proposed disciplinary action can be confusing and intimidating. However, federal employees facing employer disciplinary actions still have rights. If you’re reeling in the wake of an employer’s sanction, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC. Attorney Aaron Wersing has spent years helping government workers understand and exercise their unique rights as federal employees. He’s helped hundreds of clients combat illegal retaliation, reverse suspensions, and resolve numerous other employment disputes. Contact our office today to learn more about how he can help you.

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Jul 5, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Disability

Anxiety Reasonable Accommodations for Federal Employees

Some amount of stress is common in any workplace. However, employees who suffer from anxiety disorders often face challenges beyond everyday work-related stress. When significant anxiety prevents you from doing your job effectively, a reasonable accommodation can be a crucial way to get support. In this blog post, we’ll answer some common questions federal employees have about anxiety accommodations. Some topics we’ll cover include examples of reasonable accommodations, when you can get work-from-home accommodation for anxiety, and what to do if your employer denies your request. Is Anxiety a Disability Under the ADA? Yes, anxiety and related mood disorders can qualify as disabilities under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental condition that limits a person from engaging in major life activities, such as: Since many anxiety disorders—e.g., depression, agoraphobia, PTSD, OCD—affect all parts of a person’s life, they’re often treated as disabilities by the ADA. Some of the symptoms that people with anxiety disorders face daily include: Even if you manage your anxiety with medication or therapy, that doesn’t disqualify it from being a disability. If your disorder impairs your life when it’s active, then you’re eligible for reasonable accommodations under the ADA.  What Do Reasonable Accommodations for Anxiety Disorders Look Like? A reasonable accommodation is any change to the work environment that helps you manage your condition and perform your duties.  Here are some examples of reasonable accommodations for federal employees with anxiety disorders: The accommodations most helpful to you depend on your specific condition and how it impacts your work performance. For instance, some examples of reasonable accommodation for depression could include: Government employees can also access counseling and mental health support through federal Employee Assistance Programs (EAPs). Your agency may even have separate counseling staff and initiatives designed to help employees manage anxiety and other mood-related impairments.  How Do I Request a Reasonable Accommodation for Anxiety at Work? Requesting a reasonable accommodation is more straightforward than employees expect. To start the process, you must inform your employer that you need to change your work situation because of a medical condition. You don’t need a particular form to do this. You can even make your request verbally. However, it’s generally best to put your request in writing so that you have documentation of the process. In your request, you should explain in detail: Your employer may respond with questions or a request for certification from a doctor. From there, you’ll work together to identify the accommodations that can meet your needs without causing undue hardship to your employer. Depending on your employer’s resources, you may not be able to have your first choice of accommodation. However, under federal disability law, your employer must try to effectively address your limitations so that you can do your job despite your disability. Can I Request a Work-From-Home Accommodation for Anxiety? In some cases, federal employees can receive work-from-home accommodation for anxiety. Examples of when this might be appropriate could include situations when: Keep in mind: You may need a letter from a doctor to work from home due to anxiety. If your employer doesn’t typically have remote employees, they may want to confirm this is medically necessary before approving it. What Happens If My Accommodation Request Is Denied? First, reach out to your employer. Sometimes, your boss may simply need more information about your condition before approving an accommodation. In other cases, your first-choice accommodation might not be feasible for your employer. For example, if you are denied a reasonable accommodation to work from home, it may be because your job requires on-site tools or software you cannot access from a personal computer. You and your employer may have to negotiate for another arrangement that meets your needs. However, if your boss repeatedly rejects your requests and refuses to work with you to develop alternate options—it may be time to talk to a lawyer. A federal employment lawyer specializing in disability rights can evaluate the situation and assess whether your employer violated your rights. If this is the case, you could take legal action against your employer and potentially recover compensation for disability discrimination.  Defending the Rights of Federal Employees Employees who suffer from anxiety disorders know that they can be just as debilitating as a physical ailment. Don’t let a dismissive employer prevent you from exercising your legal rights. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, our mission is supporting and empowering government workers. With years of experience in cases spanning numerous federal agencies, attorney Aaron D. Wersing has the skill and insider experience to help employees assert their rights against discriminatory employers. Contact our office to learn more about your rights and how we can help you.

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Jun 11, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Harassment

Federal Workplace Harassment: A Federal Employees’ Guide to Understanding Your Rights

Workplace harassment continues to be a problem at federal agencies, with the U.S. Equal Employment Opportunity Commission (EEOC) reporting that most of the claims filed in 2019 were related to harassment. Federal employees should familiarize themselves with applicable harassment laws. These laws not only protect employees’ rights but can also potentially eliminate future incidents of harassment. If you believe you were the victim of workplace harassment while working in a federal government position, it’s time to contact an experienced federal workplace harassment attorney who can help. What Is Considered Workplace Harassment? So, what is considered harassment at work? Some people assume workplace harassment is just another term for sexual harassment. However, sexual harassment is only one type of workplace harassment that employees may suffer. Harassment can be verbal, psychological, physical, or in the form of online bullying.  Workplace harassment occurs anytime an employee suffers unwelcome or unwanted conduct based on: Harassment becomes illegal when the conduct creates an intimidating or hostile work environment or is offensive to reasonable people. There is a threshold test, whether the harassment is sufficiently severe or pervasive. Minor annoyances or petty slights will not typically rise to the level of federal law unlawful workplace harassment. Examples of illegal workplace harassment include offensive jokes, physical assaults, racial slurs, intimidation, and conduct that interferes with work performance. Sexual harassment can include requests for sexual favors, unwelcome sexual advances, quid pro quo harassment, or other physical or verbal harassment of a sexual nature. In many cases, sexual harassment is not overt or physical; it’s often masked in comments or banter, making future encounters uncomfortable and awkward. Sexual harassment victims can be female or male. They may even be of the same sex as their harasser.  In 2019, sexual harassment claims accounted for 10.3% of the EEOC’s total complaints.  Harassment of a federal employee also includes retaliation for engaging in protected EEO activity. Anti-discrimination laws provide that harassment against people in retaliation for filing a discrimination complaint or engaging in other protected EEO activity is illegal. This protected activity includes someone who has filed a discrimination charge or participated in an investigation, or other EEO-type proceedings, requested a reasonable accommodation, or provided testimony in another employee’s EEO complaint. Complaints involving retaliation comprise more than half of all complaints filed with the EEOC. Out of 72,675 complaints filed in 2019, 39,110 involved retaliation. When Are Employers Liable for Workplace Harassment? Federal employers can be held liable for workplace harassment even when they are not directly involved. An employer must take reasonable action to prevent any harassment in the workplace. If harassment has occurred, the employer must take swift disciplinary action for harassment in the workplace. Federal agencies will be automatically liable for harassment by someone in a supervisory position that resulted in termination, loss of wages, failure to hire or promote, or other negative employment action. Suppose a supervisor’s alleged harassment resulted in a hostile work environment. In that case, the employer could be held responsible unless that employer can prove that it took appropriate preventative and corrective measures, and the involved employees did not follow the applicable policies. Harassment by non-supervisory employees or non-employees the employer controls, like a customer or independent contractor, is handled a bit differently. Employers are only held liable if they knew or should have known about the harassment and did not take swift and necessary corrective action. The best way to eliminate workplace harassment is to prevent it before it happens. Agencies should have an effective grievance or complaint process so that employees can report any unwanted conduct immediately. Speaking with employees about harassment and establishing anti-harassment training for both supervisory staff and employees are essential components of harassment prevention. What Can Employees Do About Harassment in the Workplace? When harassment occurs in the federal workplace, employees must take action to try and stop it. Employees can start by trying to resolve the issue at the lowest level, speaking directly with the person who has committed the harassment. It’s important to communicate that you find the behavior or words offensive. If the harassment continues, employees should follow the applicable reporting procedures for their employer. Report the conduct early on to keep it from escalating. Employees can also file a complaint with their agency’s EEO office, which eventually could come directly before the EEOC. Facing Harassment In The Federal Workplace? Contact Our Federal Employee Lawyer Today If you are a victim of federal workplace harassment, it may affect your work performance. The job you once loved may now be a source of extreme stress. You may experience difficulty sleeping, mood swings, or other symptoms as a result. Taking action to stop unwanted conduct can help you feel better. Putting a stop to workplace harassment can protect you and your federal career that you’ve worked so hard for over the years.  Don’t let someone get away with workplace harassment. Speak with a skilled federal workplace harassment lawyer who can help you understand your legal options. At the Law Office of Aaron D. Wersing, our focus is federal employee law, including workplace harassment. We can advise you on the best course of action and guide you through the process of reporting the unlawful harassment you have suffered. Our primary goals are to protect your rights and to make the harassment stop. Contact our office to schedule an initial consultation or to speak with a federal workplace harassment attorney.

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May 29, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How Does Social Media Use Impact Federal Employment?

There’s no denying that social media has transformed the way we connect with loved ones and keep up with current events today. Many Americans don’t think twice about how and when they engage with social media sites—it’s just part of their daily routine. However, federal employees can’t be so cavalier. For government workers, sharing certain information or engaging in specific behaviors online can lead to severe professional and even legal consequences.  This blog post will offer an overview of the federal government’s social media policy for employees. We’ll discuss the major rules around social media use and how to protect yourself and your job in your online activity.  What Are the Rules Around Social Media and Government Employees? For the most part, federal employees are allowed to use social media and other popular digital platforms to some degree. However, your actions online may face more scrutiny than those of a private sector worker. Several federal laws and regulations oversee how government employees behave online. These rules apply to activity on numerous public-facing digital platforms, including: Let’s examine two major rules impacting federal employees’ use of social media.  Office of Government Ethics (OGE) Standards of Conduct All federal government employees must follow the OGE’s Standards of Ethical Conduct. This document outlines the general expectations for principled behavior in and outside working hours. The Standards of Ethical Conduct don’t mention social media usage specifically. However, they do explicitly forbid government employees from using their public position or office for private gain, including by: In the context of social media use, this gives us a couple of important guidelines.  First, don’t share any non-public information you learn on the job online. Keeping personal and classified government information quiet is essential for safeguarding national security and your job security. Next, it’s important to remember that your work computer isn’t meant for personal use—neither is the time you’re on the clock. Scrolling Facebook from an employer-provided electronic device risks becoming an inappropriate use of government property and time.  The Hatch Act The Hatch Act regulates how employees use social media as a platform for expressing partisan preferences or engaging in political activity. Under the Hatch Act, most federal employees are prohibited from the following behaviors on social media: Some employees who work in certain specialized roles or at certain federal agencies have even more rules about what they can and cannot say online. For a complete picture of the social media policy for employees in your position, consult with your HR department or a federal employment lawyer. How Does Social Media Impact Employment? Improper or unlawful use of social media can have serious repercussions in your professional life. As a federal employee, you are a representative of the government to some extent. Many regulations around employee social media use aim to clearly distinguish between your personal opinions, statements, and endorsements and those of your agency or federal employer. Other rules are based on certain standards of ethics and impartiality expected of all federal employees. Employees who disregard these guidelines for legal and ethical social media use can face: For this reason, we recommend several basic guidelines for social media and employees in federal roles. For one, think before you share anything online. To be safe, it’s often best to avoid mentioning political topics or your job in your public social media posts. Take time to learn about additional policies or regulations that could apply to your role. Most importantly, if confronted about social-media-related misconduct, contact a federal employment lawyer immediately.  Experienced Legal Advocates Trusted by Federal Employees  Federal employees are often intimidated by the complex regulations around government employees’ social media use. If you have questions about what specific standards apply to your role, a trained advocate with the Federal Employment Law Firm of Aaron D. Wersing can help. Headed by award-winning federal attorney Aaron D. Wersing, our firm has spent years counseling government workers on various employment disputes. To learn how we can help you, contact our office online or by phone.  

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May 28, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Which Federal Employees Are Title 38?

Title 38 employees are in a unique position compared to other civil servants. If you’re a healthcare professional at the Veterans Administration (VA) or the National Institute for Health (NIH), your rights and obligations as a federal employee may differ significantly from those of your coworkers.  So, what is a Title 38 federal employee? This blog post will shed some light on this particular employee category for medical professionals. We’ll examine how Title 38 status impacts your benefits, compensation, and protections as an employee. What Is a Title 38 Federal Employee? Put simply, Title 38 employees are a special category of workers not covered by Title 5 of the U.S. Code, the primary law governing federal employment. Title 5 outlines most federal workers’s standard working conditions, pay scales, benefits, and holidays.  However, certain VA or NIH medical professionals are regulated by a different part of the U.S. Code, Title 38.  What Is Title 38 in the Federal Government? Title 38 is a portion of U.S. law governing the benefits provided to military veterans by the VA. It outlines the rules for administering disability compensation, pensions, educational assistance, employment, and other rights and services veterans are entitled to. Since it regulates healthcare, Title 38 also sets the standards and benefits for certain specialized medical professionals employed through the VA. Who Are Title 38 Employees? Title 38 employees are healthcare providers who work for the VA or the NIHealth. Some medical professionals who fall under Title 38 include: However, not all health professionals at the VA or NIH are Title 38 employees. Some may fall into a special category involving a mix of Title 38 and Title 5 policies. Providers who often fall into this hybrid Title 38 category include dental hygienists and assistants, mental health counselors, pharmacists, physical and occupational therapists, and dietitians.  Be aware these aren’t definitive lists. Many other types of medical professionals may also fall into either of these categories. The best way to know what type of employee you are is to talk to your Human Resources department or consult a federal employment attorney. What Makes Title 38 Federal Employees Different? Title 38 workers face several different rules and procedures as employees compared to their Title 5 counterparts. Here are some of the significant unique features of Title 38 employment status. Non-Standard Working Hours Under Title 5, most federal employees work during regular business hours from Monday–Friday. However, it’s common for medical professionals under Title 38 to be available 24/7 for work, even on weekends. Different Pay Scale Salaries for Title 5 employees follow one of two pay scales: the General Schedule (GS) or the Executive Schedule (ES). However, Title 38 allows the federal government to use a different—and often more competitive—pay structure to recruit and retain qualified medical professionals.  Longer Probationary Period Your two years of work as a Title 38 employee are treated as a probationary period to ensure you meet the high standards for clinical competency and patient care expected by the VA and NIH. For Title 5 employees, this probationary period only lasts one year.  Complex, Administrative Appeals Process  Unlike most federal workers, Title 38 employees can’t appeal adverse or unjust employment decisions to the standard Merit Systems Protection Board. Instead, they have to take their appeal through a Disciplinary Appeal Board—run by their employer. Because the VA has discretion over these appeals, overturning a disciplinary action can be more challenging for employees. What Rights Do Title 38 Federal Employees Have? Despite the differences between Title 38 and Title 5 status, Title 38 employees still receive important protections under federal law. Some of the rights that Title 38 employees enjoy include: Although Title 38 employees face unique challenges appealing an employer’s decision, they can contest disciplinary actions, including suspension, pay reduction, license revocation, and termination. Importantly, you also have the right to legal representation in hearings where disciplinary actions are at issue. Dedicated Experts for All Federal Employment Concerns At the Federal Employment Law Firm of Aaron D. Wersing, we know firsthand how challenging it is to make sense of your rights as a civil servant and medical professional. Generic advice from HR or attorneys without experience in federal employment law won’t cut it. For a clear understanding of what your Title 38 status means, it’s essential to contact a qualified federal employment attorney. Our law firm proudly represents medical professionals serving in the federal healthcare system. Our team has years of experience guiding federal workers through various complex employment disputes, from unlawful license revocation to hostile work environments. To learn more about how we can help you, contact our office online or by phone.

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May 28, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Overview of COLA for Federal Employees

Annual cost-of-living adjustments (COLA) safeguard the financial security of federal retirees and their loved ones. Every year, the government calculates and pays out COLA to help offset the toll that rising inflation takes on federal retirement benefits.  Most federal employees enjoying or approaching retirement recognize the importance of COLA. However, understanding how to calculate it isn’t always so straightforward.  In this blog post, we’ll discuss how cost-of-living adjustments work for federal employees. We’ll answer some common questions, including: Remember, always speak to a professional if you have specific questions about your federal employment benefits. An attorney trained in federal employment law is the best resource for qualified advice tailored to your unique situation. What Is the COLA for Federal Employees Based On? Annual cost-of-living adjustments for federal retirement benefits are tied to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The CPI-W measures the change in consumer purchasing power over time. To do this, the Department of Labor’s Bureau of Labor Statistics (BLS) collects monthly data on the cost of goods and services across the country. This includes information about the cost of food, housing, clothing, transportation, healthcare, education, recreation, and utilities. The Department of Labor uses this data on the inflation rate to make decisions about monetary policy and salary increases for civil servants. Since COLA aims to protect federal retirement benefits from eroding due to inflation, the CPI-W is an essential factor in the yearly cost-of-living adjustment calculator. Close to the end of the calendar year, the economists at the BLS compare the CPI-W from July, August, and September to the CPI-W from those months in the year before. Based on the rate of change in consumer prices, the BLS calculates whether eligible federal retirees can receive a COLA.  For example, in December 2023, the federal government announced the year’s COLA payments based on the change in CPI-W from the third quarter of 2022 to the third quarter of 2023. Retirees and beneficiaries eligible for COLA should have received their payments in January 2024. Is COLA the Same for All Federal Employees? No. The amount of COLA you’re eligible for depends on your federal retirement plan. Let’s break down the two major types of retirement systems that federal employees fall into. Federal Employees Retirement System (FERS) FERS is the current plan for managing retirement benefits for federal employees. It became effective in 1987 for all federal employees hired after 1983.  For FERS beneficiaries, COLA payments can be broken down as follows: In all cases, the amount of a COLA is rounded down to the next whole dollar.  Civil Service Retirement System (CSRS) You may be enrolled in the CSRS if you’re a long-time federal employee who began working before 1984. COLA calculations are simpler for CSRS employees. The adjustment is always equal to any positively calculated increase in CPI-W.  The COLA for federal employees in 2024 granted FERS beneficiaries an increase of 2.2%. For CSRS beneficiaries, the adjustment was 3.2%. To receive the full COLA payment, you must have been in retirement and receiving benefits for the full calendar year. If you retired within the last year, your COLA amount will be prorated. For example, imagine you retire in February 2024. By January 2025, when COLA is paid out, you’ll have been retired for 10 out of 12 months of the fiscal year, so you’ll receive ten-twelfths of whichever COLA payment you’re entitled to. Who Can Receive COLA? Eligibility for COLA also differs between the two federal retirement systems.  Under the current FERS plan, you’re eligible for COLA if you are: However, under CSRS, all retirees and eligible survivors can receive cost-of-living adjustments to benefits, regardless of age.  Questions About Your Federal Benefits? We Have Answers Navigating federal retirement plans can be overwhelming. Since cost-of-living adjustments change yearly, ensuring you’re receiving the benefits you’re entitled to can be challenging. If you have questions, don’t settle on generic advice from any employment lawyer. Contact the Federal Employment Law Firm of Aaron D. Wersing for qualified, reliable support from a trained federal employment lawyer. For years, our team of legal professionals has been helping shed light on the ins and outs of FERS and CSRS for beneficiaries and their loved ones. Our advocates can help you understand the rights granted by your federal retirement system and ensure you’re fully compensated for your years of service. To schedule a consultation, contact our office by phone or online.

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May 16, 2024 | By Aaron D. Wersing | Read Time: 5 minutes | Federal Retirement

5 Steps for Applying for Federal Disability Retirement

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 Federal Employment Law Firm of Aaron D. Wersing, PLLC, 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 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. For assistance, please contact us online or call (833) 833-3529 today. Requirements For Applying For FERS Disability Retirement 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 Government Disability Retirement Benefits? To qualify for federal government 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. 1. 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. 2. Complete Standard Form 3107, Application for Immediate Retirement Form 3107 is available from federal personnel offices or online here. Federal employees must file their application for federal government 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: 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. 3. 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 (SF) 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 the employee’s activities, such as lifting or standing limits, the doctor must describe those restrictions.  Next, the employing federal agency must complete forms that...

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May 16, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Can You Lose Your Federal Retirement If Fired?

In addition to competitive pay, federal employees enjoy good benefits and a generous pension. What’s more, federal employees with at least one year of service have significant rights with respect to their job security. Federal employees have a reputation for being hard to fire because of these rights and the corresponding processes. Nevertheless, agencies may fire federal employees for a variety of reasons, including poor performance, misconduct, or downsizing. If you’re a federal employee, you’ve probably wondered, can you lose your federal retirement benefits if fired? How Federal Retirement Benefits Work The Federal Employee Retirement System (FERS), administered by the Office of Personnel Management (OPM), awards retirement benefits to eligible employees. FERS covers employees who started their service with the government after January 1, 1987. The Civil Service Retirement Act (CSRS) covers federal employees who started working for the government before that date. FERS is a retirement program that provides benefits from Social Security, a Thrift Savings Plan (TSP), and a Basic Benefits Plan. The first two are transferable to other jobs if a federal employee leaves before retirement. These retirement benefits fully vest in employees after five years of service, though annuities won’t begin until an employee reaches minimum retirement age (MRA). For example, the federal minimum retirement age for employees born in 1970 or later is 57. Although the eligibility rules vary slightly depending on service length, federal employees with more than 10 years of service receive an annuity immediately upon reaching their MRA. Employees with 5-10 years of service can receive an annuity starting at age 62.  Federal employees with at least 10 years of service can elect to take an immediate retirement or defer it. FERS reduces immediate retirement benefits by 5% per year for each year the employee is under age 62. Disability and early retirement may have slightly different timelines depending on the employee’s age and years of service. If you have questions about your federal retirement benefits, a federal employment lawyer can provide advice on your eligibility and the benefits available to you. Do Federal Employees Lose Their Retirement If They’re Fired? The short answer is no. Unfortunately, the misconception that you can lose your federal retirement if fired persists even among federal employees. Many employees incorrectly believe that they will lose their federal retirement benefits if the agency fires them. However, the truth is that federal employees whose retirement benefits have vested are all but guaranteed to receive those benefits, subject to a few exceptions. Employees unaware of this may be tempted or pressured to resign if they know they are about to be fired. These employees are often under the wrong impression that by resigning, they can save the benefits they would otherwise lose. This was exactly the situation in Morrison v. Department of the Navy. In that case, the Department of the Navy alerted an employee that an adverse employment action was pending against him. The Department urged him to resign to avoid losing his retirement benefits. Ruling on the case, the Merit Systems Protection Board (MSPB) noted that retirement benefits earned over the course of a federal career “are generally available upon separation from federal service, even when the separation is agency initiated.” To be clear, this means that when an agency fires a federal employee—whether for cause, poor performance, reduction in force, or otherwise—that employee remains entitled to any vested retirement benefits. There are very limited exceptions to this rule (discussed below), but for the vast majority of federal employees, they will never be an issue. How Federal Employees Can Lose Their Retirement Benefits As mentioned above, there are only a few narrow circumstances in which federal employee will lose their retirement benefits. Under 5 U.S.C. § 8312, federal employees forfeit their retirement benefits only if they are convicted of one or more specific federal crimes. There are more than 20 in total, each covering an act against the national security of the United States, including: Related statutory sections cover additional crimes that would render a federal employee ineligible for benefits. These include: Federal employees who do not commit any of those crimes don’t have to worry about losing their benefits. Can Federal Employees with Voluntary Early Retirement Lose Their Retirement Benefits If Fired? The Voluntary Early Retirement Authority (VERA) allows government agencies to temporarily reduce the minimum age and service requirements for retirement benefits. Agencies usually use VERA to offer employees an incentive to retire voluntarily, often during a restructuring, downsizing, or reorganization. Rather than involuntarily reducing the number of employees at the agency, it may make VERA offers or Voluntary Separation Incentive Payments (VSIP) to willing employees. Unlike with FERS or CSRS, federal employees fired for poor performance or misconduct cannot take advantage of discontinued service annuities under VERA. However, they may still be eligible for a deferred benefit. Federal employment lawyers familiar with government retirement plans can help you assess your options. If you accepted a voluntary early retirement offer from a government agency, a federal employment lawyer can also advise you of your rights moving forward. Hire a Federal Employment Attorney The Law Office of Aaron D. Wersing has been helping federal employees with their retirement and disability benefits for many years. During that time, we’ve helped hundreds of clients reclaim their jobs, stop discrimination, and resolve other issues in the workplace.  If you resigned based on false information about the status of your retirement benefits, we can help. Contact us today or call us at (833) 833-3529.

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