May 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

FERS Disability Retirement Eligibility

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. An experienced federal disability lawyer can help fight for your rights. Please don’t hesitate to call our firm at (833) 833-3529 or contact us online today for assistance. 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 So, are you eligible for disability? 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: Unfortunately, workers most entitled to FERS eligibility are often overwhelmed and face 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: 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 disability 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 FERS eligibility and a successful application for FERS disability benefits. Here are 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: 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 accepts 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: 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. Contact Our FERS Disability Retirement Lawyer at The Law Office of Aaron D. Wersing, PLLC 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 Federal Employment Law Firm of Aaron D. Wersing, PLLC. 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 federal employment case brought before him. Call (833) 833-3529 or fill out the online contact form for a free consultation.

Apr 13, 2023 | By Aaron D. Wersing | Read Time: 5 minutes | Federal Retirement

What Is the FERS Disability Processing Time?

If you’re a federal employee and can’t work due to a medical condition, your employer has you covered. The federal government’s Federal Employment Retirement System (FERS) offers disability retirement benefits to employees in your situation. But if you are claiming FERS benefits, you may wonder, What is the FERS disability retirement processing time? After getting the answer to the first question, you may then wonder, why does it take so long? Additionally, is there a way to speed up the process? If you are looking for answers to these questions, read on. Our FERS disability attorneys will explain what you need to know. What Is the FERS Disability Retirement Processing Time? The turnaround time for a FERS disability retirement processing time for your 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. Many factors affect the processing time. Not getting a decision within a reasonable amount of time can be more than just frustrating. If you don’t have significant savings or dependents, losing your ability to work can put you in dire financial straits. While you can’t move to the front of the line, you can help ensure you don’t have to go to the back of the line again by properly submitting all of your paperwork in line with the OPM protocol. For a more in-depth discussion of the FERS disability retirement timeline and any related issues, don’t hesitate to contact the Law Office of Aaron Wersing PLLC for help. Our firm focuses on federal employment law, so we know the ins and outs of FERS disability retirement. With our experience, we can help to ensure your application and related documents are properly filed and filled out. Our job is to help you, and we take that charge seriously. Why Does It Take So Long? Several things make this application process take a long time. These factors can also make the FERS disability retirement timeline difficult to predict in a given case. Perhaps the most important contributing factor is that the OPM, which makes these decisions, does so on a first-come-first-served basis. When you submit your application, it is impossible to know how many applications are in front of you. The number can vary widely. Also, the OPM is a sizable bureaucratic network. They are responsible for all federal employees (2.1 million in 2020). As such, the gears of the federal government can take a while to turn. This is unavoidable, but there are ways that may help expedite an application. What Else Might Make a Decision Take Longer? A very important factor in how long your decision will take depends on your status with the agency. If you have already been separated from federal service for more than 30 days when you submit your application, your application is processed quicker. This is because your application goes straight to OPM in Boyers, PA, where it gets processed and issued a civil service annuity (CSA) number. After getting a civil service annuity number, the application goes to OPM headquarters in Washington D.C., where a decision is made. Contrast this with the process that an application from someone who is still on agency roles as an employee, or within 30 days of separation. In such instances, an application will need to go through several offices before arriving at a decision. First, your application goes to the specific agency you work for, to process. Then, many agencies will send your application to their centralized HR facility for further processing. After this point, your application will be sent to Boyers, PA for a CSA number. How Does OPM Determine FERS Disability Retirement Eligibility? The following seven factors help guide the OPM disability retirement approval rate and their decision-making process regarding your FERS disability retirement application. These requirements are cumulative. In other words, they all must be met. If the federal agency you work for can provide reasonable accommodations that will allow you to work with your present condition, they should do so. Similarly, if your federal agency cannot accommodate you in your position, it should reassign you to a different qualifying job vacancy at the agency, if such a position is available. This type of reassignment is known as the “accommodation of last resort”. If you can be accommodated or reassigned, you will not be eligible for FERS disability retirement benefits. Keep in mind that accommodation must actually accommodate your medical needs as long as it will not place an undue burden on your agency, and a reassignment must actually be to a position that you are able to perform with your medical condition and symptoms. What Can I Do If I Don’t Get a Decision? If a decision takes too long, you may have a right to appeal. Failure to respond is essentially a constructive denial that you can appeal. An administrative law judge at the Merit Systems Protection Board (MSPB) will hear your case and determine your eligibility. Follow the steps outlined below to help with the appeal process. The amount of time that is “too long” is not set in stone, so a lawyer can be very helpful in this instance. If your application is taking too long, the best thing you can do is be diligent in your follow-up. Once you submit your application, you should inquire as to your application status monthly. Document your inquiry: save emails; save any other correspondence; document phone calls, and record the name of anyone you are in contact with. If you don’t hear back from any OPM representatives, document that. Only after submitting multiple status update requests should you notify OPM that you are treating their silence as a denial. After you notify them, wait at least a month for a response before filing an official appeal. You may hear back in the intervening time that your application is nearly processed...

Mar 27, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Minimum Retirement Age (MRA) for Federal Employees

The vast majority of federal employees look forward to enjoying the federal government’s generous retirement package. Yet there is no well-defined minimum retirement age for federal employees because there are several different kinds of early retirement. Thus, the minimum retirement age for federal employees hinges on the type of retirement. These forms of retirement depend, in turn, on things like the employee’s health status and years of federal service. The upside of this arrangement is that federal employees have significant flexibility when considering retirement options. However, there are downsides that you should consider as well. We’ll unpack the various minimum retirement ages for federal employees in this article. We’ll also delve into what you can do to help minimize any negative consequences of early retirement. However, if you have more specific questions or want legal advice for your personal situation, give our firm a call today. What Is the Minimum Retirement Age for Federal Employees? The general minimum retirement age depends on which kind of federal retirement system you are serving under. Minimum Retirement Age in the Civil Service Retirement System If you are an older employee who joined the federal service before 1987, you may be under the Civil Service Retirement System (CSRS). Employees under CSRS can technically retire at any time. However, the earliest you can retire under CSRS without reducing your retirement benefits is 55. This low age is achievable only if you have 30 years of service. CSRS employees with more than 20 years of service of a minimum retirement age of 60. CSRS employees with fewer years of service have a minimum retirement age of 62. There are some exceptions to this rule, however. We’ll explore those in a moment. Calculating Minimum Retirement Age Under the Federal Employee Retirement System If you began your federal career in or after 1987, you are under the Federal Employee Retirement System (FERS). Calculating the retirement age depends on your year of birth. If you were born before 1948, then you can retire at 55. If you were born in 1970 or later, you can enjoy minimum retirement at 57. And if you were born between 1948 and 1970, your minimum retirement age will be between 55 and 2 months and 56 and 10 months. However, there’s an additional fact that bears mentioning. Under FERS, you may not receive your complete retirement annuity even after you reach your minimum retirement age. For instance, if you have fewer than 30 years of federal service when you reach your retirement age, the government will reduce your retirement benefits by 5% for every year that you are under 62. That means if you retire at age 60 with 28 years of federal, you will receive only 90% of your retirement annuity from the government. Similarly, if you retire at age 55, you can expect to receive just 65% of your retirement benefits. Exploring Alternative Retirement Plans Under both FERS and CSRS, employees can use several pathways to retire before the minimum retirement age. Specifically, federal employees can retire early through one of three situations: If you want to learn more about these options, it’s best to contact a federal employment attorney. Is There a Mandatory Retirement Age for Federal Employees? Generally, no. Mandatory retirement ages exist only for federal law enforcement officers and firefighters. Regardless of whether they are under FERS or CSRS, both law enforcement officers and firefighters have to retire at age 57, assuming they have 20 years of service. That said, an agency head can choose to allow a law enforcement officer to serve until 60 if the agency head finds that the employee’s service benefits the public interest. Do You Have More Questions About Pursuing Early Retirement? Give Us a Call Today. It can be overwhelming to figure out your best options for retirement. And your agency’s human resources department may not have the answers you need. If you want accurate legal answers rather than vague responses and bureaucratic red tape, contact an experienced federal employment attorney. With the right legal counsel, you can get a clear picture of your retirement options and prepare your next steps. Our team at the Federal Employment Law Firm of Aaron D. Wersing is 100% committed to serving federal employees and making their lives easier. Our goal is to make it as easy as possible for our clients to reach their retirement goals and enjoy life after the federal government. We recognize many people think you need large amounts of cash on hand to even speak to an attorney. That couldn’t be further from the truth. Because we care about you and your story, we are happy to offer you a free initial consultation. Set up today by calling us at 1-866-612-5956. You can also contact us online.

Mar 20, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Civil Service Retirement System (CSRS) vs. Federal Employees Retirement System (FERS)

One of the greatest benefits of government work is generous retirement. The federal service includes two systems, the Civil Service Retirement System and the Federal Employees Retirement System. Because of the complexity of both systems, employees often have questions about the provisions of each one. We also commonly get asked, CSRS vs. FERS: Which is better? So to help address questions about these programs, we’ll cover the essential characteristics of both systems. What’s the Relationship Between CSRS and FERS? Congress established the Civil Service Retirement System in 1920 with the passage of the Federal Employees’ Retirement Act. At the time, the government was looking for ways to attract and retain skilled workers, and retirement benefits were seen as an important part of that effort. Originally, federal employees had to contribute to their own retirement accounts, but the government also contributed to those accounts. On top of that, all CSRS retirement benefits used a unique formula that took into account an employee’s length of service and highest average salary. Over the years, the CSRS underwent a number of changes, including the addition of survivor benefits and disability benefits. However, by the 1980s, the system was facing a number of financial challenges. Many of the retirement benefits promised under the system had become unsustainable, and there were concerns about the long-term viability of the program. In response to these challenges, Congress passed the Federal Employees Retirement System Act of 1986, which established the FERS. Congress intended FERS to be more cost-effective and sustainable over the long term. FERS did not go into effect immediately. Instead, it only began to come into effect after 1984. Between the years of 1984 and 1987, employees could choose which retirement plan to join. All federal employees entering federal service after 1986 had to use FERS. Despite the creation of the FERS system, the CSRS continues to be a significant part of the federal retirement landscape. Many federal employees who were hired before 1984 still receive coverage under CSRS, so the system remains an important source of retirement benefits for millions of Americans. How Do the Federal CSRS vs. FERS Compare in Retirement Benefits? Under CSRS, retirement pay is based on a federal employee’s highest three consecutive years of salary, known as the “high-three” average salary. The retirement annuity is calculated by multiplying the high-three average by a percentage factor, which changes depending on the employee’s length of service. The percentage factor is 1.5% for the first five years of service, 1.75% for the next five years, and 2.0% for each year of service after 10 years. Under FERS, retirement pay is composed of three parts: a basic benefit, a Social Security benefit, and a Thrift Savings Plan (TSP) benefit. The basic benefit implements a similar formula to the CSRS’s “high-three” system. However, the percentage factor is lower, usually around 1%. The Social Security benefit is based on the employee’s earnings history and the age at which they begin receiving benefits. Finally, there is the TSP, which functions like a 401k or another investment plan. Both the employee and the government contribute to the TSP over time. Meanwhile, the employee can invest their TSP funds in one of several investment opportunities. When the employee retires, they can enjoy those contributions and any returns on those investments. CSRS vs. FERS: Additional Differences and Similarities In several ways, the CSRS was a more generous retirement system than FERS. For instance, under CSRS, all retirees received cost-of-living adjustments, even if they retired young. FERS retirees usually receive a cost-of-living adjustment only if they retire at 62 or later. However, there are some similarities. Both CSRS and FERS offer benefits such as health insurance, life insurance, and survivor benefits. However, FERS benefits are often less generous than CSRS retirement benefits. For instance, CSRS allows all retirees to receive the same retirement annuity as long as they retire at 55 or later. On the other hand, FERS reduces your retirement annuity for anyone retiring below the age of 62. Disability retirement under CSRS is 40% of the employee’s “high-three” salary. Under FERS, the disability retirement is 1.0% or 1.1% of your high-three salary for each year of federal service you have. Thus, an employee would receive less in disability retirement benefits under FERS unless they have over 40 years of federal service. Still Curious About CSRS vs. FERS? We Can Help You with Any Federal Employment Need While you might have a general idea of federal employment retirement plans based on this article, it’s understandable if you have additional questions. To get accurate answers, it’s best to seek out a knowledgeable employment lawyer sooner rather than later. An adept federal employment attorney can explain which retirement system you are under and how that affects your financial future. If your agency has made some kind of mistake, an attorney can intervene on your behalf and help you file a claim. However, it’s crucial to find the right attorney to ensure the best chances of success. For experienced and reliable legal representation, look no further than the Federal Employment Law Firm of Aaron D. Wersing, PLLC. Our team of legal professionals is experienced in all types of federal employment matters, including FERS and CSRS issues. We are committed to safeguarding your rights as a federal employee and ensuring you are rightfully compensated for your federal service. To schedule a free initial consultation, call us today at 866-612-5956. You can also schedule an appointment with us online and read about our previous successes.

Jan 9, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Federal Retirement and Your Service Computation Date—What to Know

Working for the federal government comes with many benefits. As a federal employee, you can enjoy regular working hours, ample health benefits, a generous retirement package, and some protections against being fired or laid off. However, many of these retirement benefits depend on your service computation date (SCD). For that reason, it’s essential to understand what a service computation date is and how to calculate your own service computation date. Once you understand your service computation date, you can plan your retirement date and assess when you will be able to access certain employment perks. If you have questions about your federal retirement and your service computation date, call (866) 340-4430 or contact us online today. Our federal employment lawyers are ready to help. What Is a Service Computation Date? A service computation date is a date used by the federal government to determine what benefits you should receive and when you should start receiving them. SCDs are applicable in both the current Federal Employees Retirement System (FERS) and its predecessor, the Civil Servant Retirement System (CSRS). That said, there are several different SCDs. A more precise service computation date definition depends on the type of SCD. Below are the four different types of SCDs. Leave Service Computation Date Your leave service computation date relates to your annual leave accrual. All federal employees gather annual leave at a rate of four hours per pay period during their first three years in service. After three years of service, federal employees accrue annual leave at six hours each pay period. After 15 years, the annual leave accrual rate increases again to eight hours per pay period. You can locate your leave service computation date on Block 31 of every standard form 50 (also called “SF-50”) in your personnel file. Retirement Service Computation Date Your federal retirement service computation date indicates when you will be eligible for retirement. As with the leave SCD, it is usually the date that you began your first federal appointment. However, the leave SCD and retirement SCD can vary if you served in the military prior to joining the federal service. Military veterans can choose to add their time in the military to their time in the federal service by “buying back” their military time and making that period of service count towards their SCD. To do this, veterans must submit a “deposit” equal to a small percentage of their military base pay when they were on active duty. Thrift Savings Plan Service Computation Date The Thrift Savings Plan (TSP) is a savings and investment retirement account that constitutes one of the core pillars of FERS. The TSP allows the employee to contribute their own funds towards a retirement account. The government will then match the employee’s contributions up to a certain point. It’s almost like a 401K plan operated by the government. 5 CFR §1603 includes a vesting requirement for the funds contributed by the government. Under this requirement, the government’s contributions to an employee’s TSP only vest after the employee has three years of service. The TSP SCD represents the date that a TSP participant begins to fulfill the three-year vesting period. Unlike the retirement SCD and leave SCD, the TSP SCD does not include prior military service. Reduction in Force Service Computation Date Although rare, federal agencies occasionally lay off employees through a reduction in force (RIF). The agency determines who to lay off first according to seniority. The earlier your federal government RIF SCD, the lower the chance that your agency will lay you off. Unlike the other SCDs, your RIF SCD can be adjusted by your performance ratings over the previous four-year period. Your appointment type can also affect your RIF SCD. How Can I Calculate My Service Computation Date? Now that we’ve discussed the concept of the various service computation dates, you might be wondering, What is my service computation date? As you might be able to guess by now, the answer depends on which service computation date you are trying to calculate. The leave SCD is easy to obtain because it is listed on your SF-50. However, the other SCDs are harder to calculate because they are affected by factors like prior military service and past performance. For more information on your SCD, you should either contact your human resources office or a federal employment attorney. Are You Considering Whether to Sue Your Federal Employer? Federal agencies are far from perfect. A mistake by your employer could easily affect your service computation date and your access to government employment benefits. If you think that your federal employer has incorrectly calculated your SCD or is wrongly denying you benefits, contact the Law Office of Aaron D. Wersing, PLLC. Over the years, we’ve helped hundreds of federal employees with a wide variety of federal employment problems. We are committed to protecting the rights of federal employees. Don’t hesitate to contact us or call (833) 833-3529 for a free initial consultation today.

Dec 12, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Early Retirement for Federal Employees

Did you know there are actually three types of early retirement for federal employees? Contrary to popular belief, federal employees have a decent amount of flexibility when it comes to early retirement. However, early retirement usually comes at a cost. Depending on your age and situation, the cost of early retirement may be relatively low or high. Read on to discover the three basic kinds of early retirement and who is eligible for each one. If you have other questions about early retirement or are looking for specific legal advice, don’t hesitate to contact us today. What Options Do Federal Employees Have for Early Retirement? Generally, federal employees have to be 62 to retire from federal service. Federal employees who are younger than 62 have the following retirement options: Let’s look more closely at what these retirement options entail. Disability Retirement To qualify for disability retirement, you need to have at least 18 months of federal service and have a disabling condition that is expected to last more than a year. You also need to be able to show that you cannot perform your essential duties because of your disability. Finally, your agency needs to certify that it cannot effectively accommodate your disabling medical condition in your current position of record. Assuming you’ve met these qualifications, you have to provide several detailed forms. To learn more about how to pursue disability retirement, contact one of our federal employment attorneys today. Deferred Retirement Employees who voluntarily leave federal service before their minimum retirement age can pursue deferred retirement. For this option, you need to have at least five years of federal service. In addition, you need to leave your retirement contributions in the federal system when you depart. In return, you can apply for retirement benefits when you hit the minimum retirement age (MRA). While this option guarantees you will receive retirement benefits eventually, you may have to wait decades before you actually begin receiving payments. Involuntary Early Retirement When agencies are undergoing a significant reorganization or laying off a large portion of their workforce, they can offer their employees a special kind of early retirement. This same type of early retirement is possible for employees who are involuntarily separated for certain reasons. Assuming you are in one of these two situations, you can retire at age 50 if you have 20 years of service. Alternatively, if you have more than 25 years of service, you can retire and receive full benefits at any age. What Is the Minimum Retirement Age in the Federal Government? Your MRA depends on a couple of factors. The first factor is your years of service in the federal government. If you began working with the federal government before 1987, you are probably under the Civil Service Retirement System (CSRS). Under the CSRS, employees with 30 years of service have an MRA of 55. Employees with more than 20 years of service have an MRA of 60, and employees with at least five years of service have an MRA of 62. Anyone who began their federal career after 1987 will be under the Federal Employee Retirement System (FERS). The MRA for FERS employees depends on your year of birth. Employees born before 1948 have an MRA of 55. Employees born after 1970 have an MRA of 57, and employees born between 1948 and 1970 will have an MRA between 55 and 2 months to 56 and 10 months. Even after you hit your MRA, you may not receive all your retirement benefits. If you retire at your MRA with fewer than 30 years of federal service, your retirement benefits will be cut by 5% for every year that you are under 62. That means if you retire at 60, you will receive only 90% of your retirement benefits. And if you retire at 50, you will only receive 40% of your retirement benefits. If You’re a Federal Employee Pursuing Early Retirement, We Can Help. Whether you’re pursuing disability retirement or deferred retirement, it can be difficult to obtain the early retirement benefits you deserve. For the best outcome, you should seek the assistance of qualified legal counsel. An experienced federal employment attorney can help you understand your retirement options and prepare your retirement application. Here at the Law Office of Aaron D. Wersing, PLLC, we’re passionate about serving dedicated civil servants. We strive to help all our clients reach their retirement goals, regardless of their age or years of service. Over the years, we’ve helped many federal employees obtain early retirement and disability retirement. In addition, we have helped hold federal agencies accountable when they fail to meet their legal duties. Worried about the cost of hiring an attorney? Don’t be. The last thing we want is money concerns to come between you and the retirement you deserve. For that reason, we offer a free initial consultation for all our potential clients. Schedule yours today by calling us at 1-866-612-5956 or getting in touch with us online.

Dec 5, 2022 | 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...

Nov 14, 2022 | 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: Gathering, transmitting, or losing defense information; Espionage; Treason; Enlisting to serve against the United States; Aiding the enemy; Disclosure of classified information; and Perjury under federal law. Related statutory sections cover additional crimes that would render a federal employee ineligible for benefits. These include: Fleeing the United States to avoid prosecution; Refusing to testify before a federal grand jury about involvement with a foreign government or other interference with national security; and Falsifying information on an employment application about the employee’s previous association with groups advocating for the overthrow of the government. 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 for a free case review.

Sep 16, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Discontinued Service Retirement (DSR): What Is It?

A discontinued service retirement is a special type of retirement for employees who receive an involuntary separation from the federal service. In most cases, DSRs provide eligible employees with an immediate annuity payment. However, this annuity payment can be less than what an employee would normally receive. Few federal employees understand the differences between DSR and other retirement types, so read on to learn more about whether DSR applies to you. Understanding Your Discontinued Service Retirement Eligibility There are three main requirements to obtain a DSR. First, you need to have received an involuntary separation. Second, you have to meet certain age and service requirements. Third, you must not have rejected a “reasonable offer” of employment from your agency. Obtaining an Involuntary Separation The key feature of a DSR is that it only applies to employees with involuntary separations. The Office of Personnel Management (OPM) considers several following situations to qualify as “involuntary separations.” Reductions in force (RIF): Reductions in force occur when an agency lays off some employees in response to budget cuts. Unacceptable performance that is not caused by employee misconduct: This case might seem a bit confusing at first glance. However, there are several situations where an employee performs unacceptably for reasons other than misconduct, like injury or disability. Loss of position due to organizational changes or lack of funds: In most cases, an agency will try to transfer an employee after it changes or dissolves that employee’s position. However, you will be eligible for a DSR if your agency decides to separate you instead. Transfer of position or function outside your commuting area: While federal employees occasionally have to change offices, the government cannot force them to move outside their local area unless they have signed a mobility agreement. These are just a few situations that qualify as “involuntary separations.” Contact a federal employment attorney to learn more about whether your situation is an involuntary separation. Age and Service Requirements Assuming your separation was involuntary, you need to meet several other requirements to be eligible for a DSR annuity. First, you need to be at least 50 years old and have at least 20 years of federal service. However, if you have 25 years of federal service or more, you can be eligible for a DSR even if you are younger than 50. In either situation, at least five years of the employee’s federal service needs to be in civilian service. Military service can account for the other 20 years. Another important factor is the retirement service that covers your position. There are two primary retirement systems in the federal government. The first is the Civil Service Retirement System (CSRS), which applies to more senior federal employees. The second (and far more common) retirement system is the Federal Employee Retirement System (FERS). Both CSRS and FERS employees can receive a DSR. However, the requirements and procedures for obtaining a DSR vary between those two retirement systems. The differences are quite nuanced, so you should consult a knowledgeable federal employment lawyer for more information. The Reasonable Offer The final requirement for obtaining a DSR is that you must not have refused a “reasonable offer” from your agency. To be a reasonable offer, you must be offered a position in writing that is: A good match for your qualifications, With your agency (or successor agency), Within your commuting area, unless you have a mobility agreement with your agency, No more than two levels below your current grade or pay level. and The same service type. The position must also have the same work schedule. If you reject an offer that meets all of these criteria, then you cannot obtain a DSR. How to Get a Discontinued Service Retirement Assuming you meet these requirements, your agency should automatically provide you with a DSR annuity. But in some cases, your agency may first ask you to provide certain kinds of information to confirm your eligibility. Receiving a DSR can reduce the amount of your retirement annuity according to your retirement age. Specifically, for employees under the CSRS system, receiving a DSR reduces your other retirement benefits by one-sixth of one percent for every month that you are under age 55 when you retire. For instance, a CSRS employee that retires at age 47 will receive only 84% of their annuity because of their early retirement. For all FERS employees with a DSR, you can calculate your FERS retirement using the typical calculation for non-disability retirements here. Want to Learn More About DSR? We Can Help DSRs are poorly understood by most federal employees. In fact, even federal human resources departments can be unfamiliar with DSRs. As a result, your agency may wrongfully deprive you of a DSR after you receive an involuntary separation. If you want to learn more about DSRs or think that you might be eligible for one, you need to contact a skilled employment attorney immediately. A qualified federal employment lawyer can review your personnel file and apply the law to your situation. They can also help you understand your options and file a claim with your agency. But for obvious reasons, you need to have the right kind of lawyer if you want to maximize your chances of prevailing in court. If you’re looking for legal representation you can trust, reach out to the Federal Employment Law Office of Aaron D. Wersing, PLLC. Our team of dedicated legal professionals is highly experienced with federal employment issues of all kinds. And we are dedicated to preserving and protecting your rights as a federal employee. Give us a call today at 866-612-5956 or contact us online today to set up a free initial consultation. You can also set up an appointment with us online and read about our past results.

Jun 6, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Can You Lose Federal Retirement Benefits for Disciplinary Actions?

Federal employees enjoy many competitive benefits with the government, including a generous retirement package. However, if you are a federal government employee facing possible disciplinary actions, then you may be understandably concerned about your federal retirement benefits. How do disciplinary actions affect your retirement benefits? The good news is that most disciplinary actions do not affect your federal retirement. However, there are a few exceptions. The ultimate answer depends on your specific situation and whether you have committed one or more specific federal crimes. That said, if you or a loved one are facing disciplinary actions, then there are other things at stake besides your retirement benefits. Take action immediately. Consult one of our dedicated federal employment attorneys at the Federal Employment Firm of Aaron D. Wersing, PLLC. Understanding the Basics of Federal Retirement Benefits Virtually all federal employees are eligible to receive retirement benefits under the Federal Employee Retirement System (FERS). The FERS retirement package consists of three components. The first part is the Thrift Savings Plan, which is essentially a 401k program that the government administers. You can choose to contribute a portion of each paycheck to your TSP account, and your agency will make a matching contribution. Once you reach a certain age, you can draw on your TSP funds. The second retirement component is the FERS Basic Benefits Plan, a defined benefits plan that takes a part of your pay to guarantee you a monthly retirement pension. Social Security benefits make up the third and final portion of the plan. Your final retirement benefits depend on several factors, including your average pay, years of service, and whether you have a disability. Can My Retirement Benefits Be Interrupted for Disciplinary Action? In most situations, federal employees cannot lose their retirement benefits because of disciplinary actions. Even federal employees who face termination for misconduct or poor performance can usually rest easy. The Merit Systems Protection Board (MSPB) is a federal agency that allows employees to appeal disciplinary actions that they have received from their employer. The Board also occasionally resolves key questions regarding federal employment law, including issues revolving around federal retirement benefits and disciplinary actions. In Morrison v. Department of the Navy, the Board made clear that federal retirement benefits are “available upon separation from federal service, even when the separation is agency initiated.” Consequently, if you are facing removal from federal service for alleged misconduct, you do not need to resign to “save” your retirement benefits. How Can Federal Employees Lose Their Retirement Benefits? It is very difficult for federal employees to lose their retirement benefits. 5 U.S.C. § 8312 states that you need to be convicted of committing one or more specific crimes for this to happen. Specifically, there are only about 20 crimes that can cause you to lose your federal retirement benefits, including: Espionage, Sabotage, Treason, Rebellion, Seditious conspiracy against the United States, Advocating the overthrow of the government, Perjury, Subversive activities, Wrongly disclosing classified information, and Fleeing the country to avoid prosecution or conviction. As you can see, all of these crimes are very serious and rarely occur. So as long as you do not receive a conviction for any of these crimes, your retirement benefits will be safe. What About Federal Employees Outside the Federal Employee Retirement System? FERS covers all employees who began work with the Federal government after 1987. However, Federal employees who began their service before 1987 receive retirement benefits under a different plan, the Civil Service Retirement System (CSRS). Although CSRS offers different retirement benefits to eligible federal employees, you cannot lose those benefits because of disciplinary action except for the reasons stated above. Want to Learn More About How to Protect Your Federal Career? It’s reassuring to know that your federal retirement benefits are safe when you are facing disciplinary action. However, disciplinary actions are still very serious. They can leave a black mark on your career and reputation, lower your income, and jeopardize your job prospects. That said, if your employee is proposing disciplinary action against you, you need to consult a federal employment attorney right away. Here at the Federal Employment Law Firm of Aaron D. Wersing, we take pride in protecting federal employees. We care deeply about the outstanding men and women who serve the government every day. That means we’re committed to helping them defend their livelihoods and careers. If you are facing disciplinary action, we can work with you to build your case and protect your rights. We can also aggressively negotiate with your employer and take action against them for retaliating or discriminating against you. Even if you’re not sure you have a case, come see us right away. Don’t wait. Schedule a free initial consultation today by calling 833-833-3529. You can also send us a message online.