Sep 6, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Federal Employee Retirement Survivor Benefits Explained

It is well known that federal employment offers many valuable benefits. Chief among these benefits is the generous federal retirement package. The retirement program in the federal government is the Federal Employees Retirement System (FERS), which Congress created in 1986. In addition to retirement benefits, FERS features survivor death benefits in some cases. Specifically, FERS survivor benefits grant a certain percentage of a deceased federal employee’s annual benefit amount to a current or former spouse. This article will discuss the key details of federal retirement survivor benefits, but it is always a good idea to reach out to a qualified federal employment attorney for additional information. How Many Types of FERS Survivor Benefits Are Available? The recipient of a deceased federal employee can receive three kinds of benefits. The first type is the current spouse survivor annuity. As the name implies, this benefit is payable only to the person who was the current spouse of the federal employee at the time of the employee’s death. The second kind of benefit is an annuity for former spouses. The former spouse annuity can arise when the deceased employee voluntarily chose to establish it before their death. Alternatively, courts can also award annuities to former spouses through a divorce decree, provided it was granted after May 7, 1985. The third and final type of benefit is a one-time lump sum benefit. These three FERS survivor benefits are available only if the employee died while employed with the federal government. How Much Can a Current or Former Spouse Receive in FERS Survivor Benefits? If you are a beneficiary of a deceased employee who retired under the Federal Employees Retirement System (FERS), you may be eligible for survivor benefits, which amount to 50 percent of the employee’s unreduced annual benefit. The federal employee’s annual benefit will depend on the deceased employee’s time in government service, age, and pay level. The federal employee has a large role in deciding how much their survivor benefits are, even to the point of deciding the spouse receives no survivor benefit. They can also elect for the spouse to have a partially reduced annuity or a fully reduced annuity. How Long Do FERS Survivor Benefits Last? Surviving spouse annuities (whether to former or current spouses) continue for the life of the spouse unless the spouse remarries before they reach age 55. There is an exception to this rule, however, if the spouse and employee were married for over 30 years. In that case, the spouse of the deceased employee will receive annuity payments regardless of whether they remarry or not. Curious to Learn More About FERS Survivor Benefits? Contact Our FERS Attorneys Today It is very difficult it is to lose a spouse. We understand that sorting out financial matters is probably the last thing you want to deal with when your spouse passes away. On top of that, the world of federal retirement survivor benefits is often difficult to navigate on your own. If your deceased spouse was a federal employee, we can help ensure that you obtain the benefits that they intended you to have. Here at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we are dedicated to assisting with all kinds of federal employment matters. We care about all of our clients, and we are passionate about ensuring that they obtain the compensation they deserve. We have many years of experience successfully helping our clients—as our client reviews show. Together, we can work with you to help maximize your FERS survivor benefits. Many people wrongly believe that hiring an attorney will cost them a small fortune. However, we don’t want money problems to prevent people from reaching out and consulting us. Don’t lose out on obtaining the federal retirement benefits you rightfully deserve. Contact us today.

May 8, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Reasons Your FERS Application May Be Denied and Can You Reapply?

If the Office of Personnel Management (OPM) denies your Federal Employee Retirement System (FERS) disability retirement application, you can reapply if there has been a material change in your circumstances. But getting a denial isn’t always the end of the road. You may have options to ask for reconsideration, or you can appeal a refusal of benefits. And the help of a good attorney can protect your rights during the application and appeal process. If you are looking for a good FERS disability attorney, you are on the right page. The Federal Employment Law Firm of Aaron D Wersing PLLC exclusively handles employment law cases. We provide award-winning advocacy. Please contact us for help with your federal employment needs. Why Was My Disability Retirement Application Denied? The FERS disability retirement application process is detailed and complex. There are also several rules regarding who can and cannot receive disability retirement benefits. The OPM might have denied your retirement disability benefits because it believed you were not eligible or because you did not submit an adequate application. 1. Denial Because of Ineligibility Can you be denied retirement benefits? The answer is yes. The OPM can deny your FERS disability retirement benefits if one of the following circumstances applies to you: The OPM might also deny or dismiss your application if you don’t adequately explain how you meet each eligibility requirement. Our skilled and knowledgeable federal employment lawyers can ensure that your application clearly reflects your right to receive benefits. 2. Denial Because Your Application Was Late Your disability application must be timely. You must file your application while you are still federally employed or within one year of separating from your federal job. The application process requires a lot of documentation and statements from several individuals. As soon as you notice that your medical condition is affecting your ability to work, you should contact one of our experienced attorneys. We can help make sure you gather all the necessary information and meet the deadline for requesting benefits. 3. Denial Because of an Inadequate Application Your disability retirement application requires detailed information from you, your employer, and healthcare professionals who have treated you or have information about your condition. And all statements in your application should corroborate each other. If there is a lack of detail or there are discrepancies, the OPM may refuse to give you benefits. You can prevent discrepancies and a lack of detail by: We can help you with all of this. Along with your disability retirement application, you must also apply for Social Security Disability (SSD) benefits from the Social Security Administration (SSA). To prove that you applied for SSD benefits, you must give OPM a copy of your application receipt and a copy of the SSA’s notice of approval or disapproval of your SSD application. If you do not take these steps or provide proof of your application status, the OPM may dismiss your FERS disability retirement application. What You Can Do After a Denial You have a handful of options to obtain a better result if the OPM denies your request for benefits. These options include the following. Reapplication Generally, you have only one chance to apply for disability retirement based on the same circumstances. However, you can reapply for disability retirement if there is a material change in your circumstances, such as a deterioration of your condition. Requesting Reconsideration In many cases, the OPM gives applicants a written initial decision regarding their right to benefits. After the OPM makes the initial decision to deny your retirement application, you have 30 days to ask the OPM to reconsider its decision. After reconsidering your case, the OPM issues a written final reconsideration decision that includes its findings and conclusions and information about your right to appeal. Appealing the Denial You can appeal your denial to the Merit Systems Protection Board (MSPB) if the OPM does not grant you disability retirement benefits after a reconsideration. And if the initial decision you receive is an initial final decision, you must appeal directly to the MSPB. In general, you have only 30 days to file your appeal, and it must be in writing. Any attempt to seek benefits for retirement disability must include detailed documentation, a clear explanation of your circumstances, and timely filings. We can handle these tasks for you and maximize your chances of receiving your well-deserved benefits. Speak to Attorneys Who Can Turn a No Into a Yes Whether you are on the first, second, or third bite at the apple in your request for retirement benefits, the Federal Employment Law Firm of Aaron D Wersing PLLC can champion your rights. We handle only federal employment cases, so our knowledge and experience are extensive. An award-winning attorney leads our firm, and we are passionate about protecting federal employees. You can contact us for help today by calling or reaching out on our website.

Apr 16, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Is OPM Federal Disability Retirement Considered Earned Income?

In the right circumstances, federal employees can qualify for disability retirement benefits through the U.S. Office of Personnel Management (OPM). OPM retirement disability provides regular payments to those who qualify, leading to a natural question come tax season: is OPM disability retirement considered earned income? If so, for what purposes is retirement earned income? OPM disability retirement is generally not considered earned income. However, your retirement disability benefits may qualify as earned income if you receive them before the relevant minimum retirement age. Working for the federal government places you in the heart of bureaucracy. If you need assistance determining whether you qualify for OPM disability, applying for benefits, or understanding your obligations, the Federal Employment Law Firm of Aaron D. Wersing PLLC can help. Our practice focuses on federal employment, making us proficient in guiding our clients through layers of bureaucracy. How Does OPM Disability Retirement Work? You can qualify for OPM’s disability retirement at almost any age if: If you apply for benefits and are approved, your payments follow the OPM disability retirement pay schedule. If you are under 62 for the first year, your benefits are calculated based on 60% of your high-3 average salary minus 100% of your Social Security benefits. Until your 62 birthday, if you continue to qualify for benefits, you follow an alternative calculation—40% of your high-3 average salary minus 60% of your Social Security benefits. If you are under 60, your OPM disability retirement benefits can terminate if you: You are restored to earning capacity if your income meets or exceeds 80% of your pre-disability earnings. If you lose your benefits because you exceed the income limits, they can be reinstated if you dip below $80,000. If you lose your benefits because you medically recover, you may reinstate your benefits if your disability recurs and you do not exceed the earnings limitations. Is OPM Disability Retirement Considered Earned Income? Whether your OPM disability retirement benefits are treated as earned income depends on context. Generally, earned income comes up in the context of taxes and continuing to qualify for benefits. What Is Earned Income for Tax Purposes? Earned income is a tax-related term, particularly related to the Earned Income Tax Credit (EITC). Individuals with low to moderate income can claim the EITC to reduce their tax burden. Earned income generally includes: This last category comes into play for federal disability retirement. When Is OPM Disability Earned Income for Tax Purposes? Disability benefits are considered earned income if you receive them before you reach the minimum retirement age set by your employer. The federal service sets many different ages related to retirement, including what OPM refers to as the minimum retirement age (MRA). Despite OPM using the same term, your MRA for OPM voluntary or deferred retirement benefits is not the minimum retirement age for disability benefits. Instead, the IRS defines the minimum retirement age as the youngest you could be and still receive disability benefits if you were not disabled. For OPM disability benefits, this age is 62. Before you turn 62, OPM disability benefits count as earned income. What Is Earned Income for the Disability Earnings Survey? OPM regularly checks to see if those receiving disability retirement benefits continue to qualify by sending out a Disability Earnings Survey. If you are under 60, you must show you have not earned 80% or more of your pre-disability earnings. OPM does not consider disability retirement benefits earned income. If you are required to complete a Disability Earnings Survey, do not report your disability retirement benefits as income. We Can Help If you are struggling to understand your options and responsibilities under OPM federal disability, the Federal Employment Law Firm of Aaron D. Wersing PLLC can help. We have years of experience cutting through and simplifying the federal bureaucracy.

Mar 18, 2024 | 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? If you are terminated from a federal job, you are eligible to receive a lump-sum payment for your unused annual leave. Additionally, you may qualify for unemployment benefits in your home state. It’s important to note that most federal employees also have the right to appeal their termination. 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: 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. Call 833-833-3529. You can also send us a message online.

Feb 26, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

What Is a Thrift Savings Plan (TSP) for Federal Employees?

Federal retirement is one of the most important benefits of being a federal employee. Yet sometimes, understanding the technicalities around retirement can be tough. Today, we’ll talk about the federal Thrift Savings Plan (TSP). We’ll begin with a basic rundown of the TSP itself. We’ll then examine its role in providing you with a safe retirement and how you can maximize the benefits. If you have any more questions, contact one of the attorneys at the Federal Employment Law Firm of Aaron D Wersing, PLLC. What Is the TSP? At its core, the TSP is a retirement savings and investment plan with tax advantages. It was designed specifically for federal employees and members of the Armed Forces. It mirrors the structure and benefits of private sector 401K plans, and it offers both traditional and Roth options for contributions. The traditional option allows you to make pre-tax contributions. On the other hand, the Roth option taxes you upfront for your contributions but allows for tax-free growth and withdrawals. As a participant, you can invest your contribution across a variety of funds, including those listed below. You can spread your investments throughout these funds or center all of your available assets in one fund. There are also Lifecycle funds with varying levels of risk that shift according to your estimated retirement year. TSP’s Role in Your Retirement The TSP is a cornerstone of federal retirement planning, but it doesn’t work alone. Rather, it works in concert with the Federal Employees Retirement System (FERS) annuity and Social Security benefits to create a comprehensive retirement income. It fills the gap between what FERS and Social Security provide and the actual income needed to maintain your standard of living in retirement. In addition, it offers the low administrative costs and diverse investment options we previously mentioned. Together, the TSP, FERs annuity, and Social Security benefits all but guarantee a high quality of living for federal employees in their retirement years. Tips for Maximizing Your TSP Because it plays a key role in your financial security, you must take every step possible to maximize your TSP. Here are several key tips that will help you accomplish that goal: Finally, maximize catch-up contributions once you hit 50. There is a cap on how much federal employees can contribute to their TSPs. However, catch-up contributions allow older federal employees to contribute extra, helping them prepare for retirement. Have More Questions About the Federal Thrift Savings Plan? We Can Help. Understanding all aspects of federal retirement, including the Thrift Savings Plan, is essential for any federal employee looking to secure a financially stable future. We hope this article has answered your most pressing questions about the TSP and how it fits in your retirement future. The Federal Employment Law Firm of Aaron D Wersing, PLLC is here to assist you in charting your course toward retirement. We’ll apply our extensive legal experience to help you make the most of your retirement package. Whether you’re new to federal service or nearing retirement, we invite you to reach out. Let’s ensure your TSP is working as hard for you as you have worked for the federal government. Contact us today.

Oct 19, 2023 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Retirement

What to Know About Federal Medical Retirement

If you’re a federal government worker with a medical condition, you may be able to take advantage of the federal government’s medical retirement. Civil service medical retirement is possible if you are a civil servant with a disabling medical condition. However, your agency first needs to determine that it cannot accommodate or reassign you. If you are in the army national guard or the reserves, you will have to follow a different medical retirement process. OPM’s Medical Retirement Definition and Eligibility Requirements According to the Office of Personnel Management (OPM), medical retirement (or disability retirement) is available for employees with disabling medical conditions who cannot work effectively for their agency. Federal medical retirement eligibility encompasses situations where employees are specifically entitled to avail of benefits from the federal government: An employee must also apply for Social Security disability benefits before applying for federal government medical retirement. Finally, they must apply for disability retirement within one year of separation. Need Help with Planning Your Federal Medical Retirement? Medical retirement in the government is complicated. That’s true whether you follow OPM’s medical retirement process as a civil servant or the IDES process. On top of that, the federal government often makes mistakes. Even the smallest mistake regarding your medical condition could turn your medical disability retirement plans upside down. For those reasons, if you are considering applying for medical retirement, your best choice is to contact a knowledgeable federal employment attorney. At the Federal Employment Law Firm of Aaron D Wersing PLLC, we handle all kinds of federal employment cases. Over the years, our firm has helped many federal employees with medical retirement issues. We aim to help you access your rights as a federal employee. Contact us right away.

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 to schedule your 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...

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

Unlock Your Future: How to Fast-Track Your Early Retirement as a Federal Employee

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. Schedule your consultation today by calling us at 1-866-612-5956 or getting in touch with us online.