Jul 18, 2023 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Employment Law

What is Federal Sick Leave Abuse

Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Abuse of sick leave in the federal workplace is a serious issue that all federal employees should try to avoid. Sick leave abuse laws exist which can carry significant penalties for those who misuse their sick leave. There are also a few ways that supervisors can spot and investigate sick leave abuse by federal employees. If your supervisor has accused you of being a federal employee who’s committed sick leave abuse, contact a federal employee sick leave abuse lawyer right away. When Is It Okay to Use Sick Leave? The Office of Personnel Management (OPM), a federal agency that regulates the employment policies of most other federal agencies, states that federal employees may use sick leave when they need to: OPM does not define what constitutes an abuse of sick leave. That said, it’s reasonable to assume that any use of sick leave for reasons other than those listed above could constitute “sick leave abuse,” especially if done repeatedly and within a short period of time. Common signs of sick leave abuse are: If an agency discovers that an employee is committing OPM sick leave abuse, the employee can face discipline. An employee can even face removal from federal service. What Employers Can Do About Sick Leave Abuse While OPM does not define sick leave abuse, it does establish procedures for employers to require evidence from employees who request sick leave. Specifically, an agency may require “administratively acceptable evidence” before granting sick leave. The definition of “administratively acceptable evidence.” For example, if an employee requests sick leave to care for a family member, the agency may require that the employee provide proof of their relationship with the family member. If an employee claims sick leave to visit a doctor, the agency can request a doctor’s note that confirms the visit. Do You Need a Federal Sick Leave Abuse Attorney? Accusations of sick leave abuse are no joke. If you have been accused of abusing sick leave, you could be counseled, reprimanded, suspended, or even removed from your job. So if your supervisor has accused you of sick leave abuse, you need to contact a sick leave abuse attorney immediately. When looking for an attorney that can help you defend your rights, it’s absolutely essential that you select someone who has familiarity with your situation and the federal workplace. At the Law Office of Aaron D. Wersing, PLLC., we concentrate on representing federal employees and protecting their rights. Our firm has the experience needed to help federal employees who have been accused of misconduct. Even if you aren’t sure whether you need an attorney, it takes no time at all to contact us. Call today! You might also be interested in:

Jun 16, 2023 | By Aaron D. Wersing | Read Time: 6 minutes | Federal Retirement

How Do I Calculate FERS Retirement With a Calculator?

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

Jun 9, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Differences Between FERS Deferred Retirement and FERS Postponed Retirement

For federal employees contemplating retirement, understanding the nuances between different retirement strategies is essential. Except for a few very senior employees, most federal workers fall under the Federal Employee Retirement System (FERS). It’s particularly important to understand whether FERS deferred retirement or FERS postponed retirement is a better fit for your circumstances. In this article, we’ll clarify the difference between these two different retirement options and help you understand which one might be better for you. However, if you need specific advice for your situation, then contact a competent FERS disability retirement attorney today. Understanding Your Options: FERS Deferred or Postponed Retirement First, we need to explore what the terms “deferred retirement” and “postponed retirement” mean. Although these options fall under the FERS, they each operate under distinct circumstances and hold unique implications for retirees. Deferred retirement is typically for FERS employees who leave federal service before they reach the minimum retirement age (MRA). You can apply for deferred retirement if you have at least five years of creditable civilian service. However, bear in mind that you can’t withdraw your contributions to the retirement fund. If you do, you won’t be eligible for deferred retirement. On the other hand, postponed retirement is an option for FERS employees who have reached their MRA and have somewhere between 10 and 30 years of service. Postponed FERS retirement allows you to delay receiving retirement benefits to avoid the age reduction penalty. What Are the Differences Between Deferred Retirement and Postponed Retirement? Besides the eligibility requirements and the retirement benefits that we just mentioned, there are several other differences between deferred retirement and postponed retirement. Insurance Benefits One critical difference lies in health insurance and life insurance benefits. Under FERS deferred retirement, you are not eligible to continue receiving either Federal Employees Health Benefits (FEHB) or Federal Employees Group Life Insurance (FEGLI) after you leave federal service. If you choose to postpone your retirement, you can reinstate your FEHB and FEGLI when you begin to receive your annuity. However, to receive these benefits, you need to show that you were enrolled in these programs at least five years before your separation. Survivor Benefits Another key difference involves survivor benefits. If you die while receiving a deferred retirement annuity, no survivor annuity is payable. This is because you have to receive an immediate annuity that began within 30 days of your separation to be able to receive survivor benefits. By contrast, FERS postponed retirement can sometimes pay out survivor benefits to your loved ones if you pass away before receiving your annuity. Thrift Savings Plan FERS deferred and postponed retirements also differ when it comes to the thrift savings plan (TSP). All employees under FERS benefit from the TSP. Furthermore, deferred retirees and postponed retirees can withdraw their TSP funds. However, if deferred retirees can withdraw their TSP funds after they separate, they will have to pay the IRS’s early withdrawal penalty if they are below the age of 59 and 6 months. However, postponed retirees do not have to pay the early withdrawal penalty because they are already at their MRA. Cost of Living Adjustments Lastly, FERS deferred retirement does not offer cost-of-living adjustments (COLAs) until the retiree reaches the age of 62. Conversely, retirees under FERS postponed retirement can receive COLAs as soon as they begin receiving their annuity, even if they are under 62. Is There a FERS Deferred Retirement Calculator I Can Use? Many people find it helpful to visualize their retirement options with a retirement calculator. While OPM offers a general formula for calculating your FERS retirement, they do not offer a calculator specifically for deferred retirement situations. If you’re looking to calculate your potential retirement sums, it’s best to contact an experienced federal retirement attorney. Let Us Help You Determine Whether FERS Deferred Retirement or Postponed Retirement Is a Better Option While this article provides a basic understanding of the interplay between different kinds of retirement, it’s only a foundation. The truth is that retirement decisions can be complex. In addition, the choices you make for your retirement will have tremendous effects on your life down the road. Consequently, it’s prudent to reach out to a knowledgeable federal attorney who can give you the advice you need. Our team of adept attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is deeply knowledgeable about the nuanced legal factors intrinsic to FERS deferred and postponed retirement cases. In addition, we share an abiding passion for helping the dedicated civil servants who make our country’s government run effectively. Together, we can help you understand which retirement option is best for you in light of your circumstances. We’ll then take the steps necessary to put your plan into motion, including helping you complete your application for deferred or postponed retirement under FERS. If necessary, we’ll work with your agency to ensure that your legal rights are respected and that you receive the retirement benefits that you rightfully deserve. Contact us today to set up your initial appointment by calling us at 866-612-5956. You can also visit our website online.

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.

May 3, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

Am I Eligible for Federal Disability Retirement with Mental Health Conditions?

If you are a federal employee with mental health conditions, you’re probably thinking about your financial future. What if your condition worsens? What if you’re not able to continue your work? In our legal work, we find that many federal employees with mental health conditions are interested in federal disability retirement. Perhaps you are in the same situation. We’ll discuss the federal laws and regulations surrounding disability retirement and mental health conditions. For more detailed questions, it’s best to contact a qualified federal employment attorney. Am I Eligible for Federal Disability Retirement with Mental Health Conditions? It’s possible. There are many mental health conditions that qualify for federal disability retirement. A few examples include: Many other mental health conditions could also qualify. It all depends on whether you meet the general standards for disability retirement. The same standards apply to federal disabilities, regardless of whether you have a physical or mental disability. How Do I Obtain FERS Disability Retirement? The first step is showing you have a disability. Second, you must prove your disability prevents you from doing your job. For both steps, you will need to furnish medical evidence supporting your claim. This evidence may include medical records, doctors’ opinions, and other documentation that reveal the severity and extent of your condition. You will probably have to explain how your disability affects your ability to perform your duties. It’s important to know that the federal government has specific criteria for what constitutes an eligible disability. These criteria include the following: Finally, you must apply for disability retirement within one year of being separated from your job and apply for social security benefits. Why You Should Contact a Federal Retirement Attorney for Your Disability Retirement Application As you can see, applying for federal disability retirement is complex. For that reason, you should seek legal assistance from a federal attorney experienced in handling disability retirement cases. An experienced federal disability retirement attorney can help you with several key tasks. Reason #1: An Attorney Can Help You Understand the Process An attorney can help you understand the steps involved in the application process. This includes what forms you need to fill out and what medical evidence you need to provide. They can also advise you on presenting your case to the Office of Personnel Management (OPM). With their knowledge and experience, they can guide you through the process and ensure that your application is completed correctly and efficiently. Reason #2: An Attorney Can Maximize Your Chances of Approval Attorneys, especially those who specialize in disability retirement cases, know the common mistakes and pitfalls that can lead to application denials. Things like missing or incorrect information, typos, and bureaucratic demands from your agency can all lead to denials. They can identify and address those problems before submitting your application to OPM. This helps maximize your chances of approval and avoid unnecessary delays or appeals. Reason #3: An Attorney Can Protect Your Rights OPM sometimes mistakenly rejects a sound disability retirement application. Other times, your agency might torpedo or impede your application. You might even experience retaliation from your employer. In these situations, a disability retirement attorney can help you understand your legal rights and options. Furthermore, they can represent you in all kinds of hearings, meditation sessions, and appeals. Due to their legal training, attorneys know how to put the legal system to work for you. Disability for Mental Illness: A Legitimate Option for Federal Employees Am I eligible for federal disability retirement with mental health conditions? Asking this question is the beginning of your journey toward a successful federal disability retirement application. With the right support and legal assistance, you can receive the benefits you are entitled to under federal law. So if you have a mental health condition and are considering filing for federal disability retirement, get the help you deserve right away. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, our team of skilled attorneys understands the complex legal and medical issues involved in disability retirement cases. We apply that knowledge to provide effective legal representation to our clients. We are passionate about helping federal employees struggling with mental health conditions navigate the system and get the benefits they deserve. When you contact us for your consultation, we will take the time to listen to your concerns. We’ll answer your questions and explain your legal options. Our attorneys will be with you every step of the way to secure your future. Contact us today at 866-612-5956 or visit us online.

Apr 26, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Can You Still Work While on FERS Disability?

Many federal employees rest easy knowing they have a disability retirement option in the federal government. Under the Federal Employees Retirement System (FERS), employees who are unable to perform their job duties due to a medical problem may be eligible for disability retirement. However, that doesn’t always mean you have a secure financial future. Most civil servants need additional income to supplement their federal disability payments. Despite this need, many federal employees choose not to work because they think having another job will make them ineligible for disability retirement benefits. But this raises some important questions. Can you still work while applying for disability benefits? Can you still work while on disability? The answer is that you can work while on FERS disability under certain conditions. Read on to learn more about the rules and regulations governing working while on FERS disability. We’ll separate the myths from the facts so that you can take action to secure your future. Overview of FERS Disability Retirement FERS provides a comprehensive retirement and disability program for federal employees, including disability retirement benefits. You need to fulfill two requirements to be eligible for FERS disability retirement. First, you must have completed at least 18 months of creditable federal civilian service. Second, you must suffer a disability that makes you unable to successfully perform your job duties. The second requirement can take some time to complete because agencies will try to provide you with reasonable accommodation first. Your agency may also try to reassign you to another position. The Office of Personnel Management (OPM) is responsible for processing disability retirement applications and making determinations on eligibility. An employee approved for FERS disability retirement will receive a monthly annuity payment based on their length of service and the highest three years of average pay. Can You Still Work While on FERS Disability? Yes. As OPM itself makes clear, federal employees who receive FERS disability retirement benefits can generally work in the private sector without seeing a loss of their benefits. That said, there are restrictions on how much income they can earn from their employment. OPM sees federal employees in either one of two categories. If you are under age 60, OPM will stop paying your disability annuity if they determine you can earn a certain level of income. That amount is 80% of the current rate of base for the position you had when you retired. OPM will send you a survey form called “Annuitant’s Report of Income.” In this survey, you must state all income earned from wages and self-employment. If you hit the 80% threshold, you will lose your disability benefits. You won’t lose your benefits immediately. Instead, you will not receive those benefits for six months after the end of the year that you hit the 80% mark. There are no earnings limits for federal employees who receive Social Security Disability Insurance (SSDI) benefits in addition to FERS disability retirement benefits. However, they must still meet the eligibility requirements for both programs and report their earnings to both the OPM and the Social Security Administration (SSA). Situations That May Cause You to Lose Your Disability Benefits OPM guidance specifies that you can lose your benefits in several other ways. One trigger for losing benefits is regaining employment in a position similar to your prior federal position. Another way involves periodic medical reviews. OPM will periodically review your disability eligibility. If they decide to review your case, they will ask you to obtain updated medical paperwork from your doctor. They will also inquire about your employment status. If your doctor communicates that you no longer have a disability, your disability payments will end. Furthermore, if you fail to respond to OPM’s requests, they will suspend your disability benefits. What If I Am Age 60 or Older? If you are 60 or older, the situation changes significantly. OPM will conduct a periodic medical review only at your request. Moreover, the 80% threshold mentioned earlier in this article will not apply. That means you can work a private job paying more than your former government job while receiving your disability annuity. How to File for FERS Disability Retirement To apply for FERS disability retirement, federal employees must complete and submit Form SF 3107, Application for Immediate Retirement. You’ll also need to submit supporting medical documentation and other required forms. You send the application to your agency, which will forward it to OPM for review and determination. The application process for FERS disability retirement is often complex and time-consuming. Working with an experienced FERS disability retirement lawyer can help ensure your application is successful. What About CSRS Disability Retirement? While this article has focused on FERS disability retirement, it’s important to note that it doesn’t cover all federal employees. A few, more senior employees may fall under the old Civil Service Retirement System (CSRS). The CSRS has a separate disability retirement program with its own set of limitations. Contact us today to learn more about your disability retirement options under the CSRS. Let Us Help You Overcome Federal Disability Retirement Challenges If you are a federal employee considering applying for FERS disability retirement, you need legal assistance. You will probably also benefit from a lawyer if you are on disability retirement benefits and interested in working. In either scenario, the Federal Employment Law Firm of Aaron D. Wersing, PLLC, can help. Our experienced attorneys specialize in representing federal employees in a wide range of legal matters. In addition, we pride ourselves on providing incredible customer service and excellent outcomes. Reach out to us today.

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 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 an initial consultation, call us today at 866-612-5956. You can also schedule an appointment with us online and read about our previous successes.

Feb 3, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

Is Federal Disability Retirement Income Taxable?

If you have been a federal employee and are seeking to receive disability retirement income, you might have to pay taxes on that income. This isn’t pleasant news, but the following article can help you prepare for what’s next. If you’re still wondering, is federal disability retirement taxable? Or if you have other questions regarding federal disability retirement, contact us today. Common Kinds of Federal Disability Retirement Income The first step federal employees should take to understand their tax liabilities on federal disability retirement payments is to understand what kind of federal benefits they’re receiving. Common retirement benefits a federal employee might receive include: The Office of Personnel Management (OPM) handles many matters related to FERS and CSRS payments. Some of the above-listed benefits are taxable, and some aren’t. For payments and benefits that are taxable, they are taxable at different levels. Is OPM Disability Retirement Taxable at the Federal Level? OPM oversees matters regarding FERS and CSRS disability retirement payments. Is FERS Disability Retirement Taxable at the Federal Level? Is FERS taxable? Some FERS disability retirement is taxable. Individuals can receive FERS disability retirement if they have certain characteristics, including: Recipients of a FERS disability retirement annuity do show these benefits as taxable income. Is CSRS Disability Retirement Federally Taxable? Some CSRS disability retirement is federally taxable. An eligible recipient of CSRS disability retirement must: CSRS retirement disability recipients also must pay tax on their benefits. Whether you are seeking CSRS or FERS retirement disability benefits, you have a limited amount of time to apply for them. You also have to follow specific rules to maintain them. This can be overwhelming when you are trying to handle a disability. An experienced federal employment disability lawyer can recover your benefits while you adjust to changes in your life. Income Tax Rules from Your State Can Differ While some of your disability retirement benefits might not be federally taxable, your benefits could be subject to state income taxes. Contact Our FERS Disability Attorney Today to Protect What Is Yours It’s stressful to determine how much vital income you can keep when you’re receiving benefits for a debilitating condition. But you don’t have to figure this out on your own. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we have helped hundreds of federal employees with their employment issues. We have substantial experience, and we are passionate about helping federal employees. Let us help you. Contact us online or call us at 866-508-2158.

Dec 21, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

How Many Years Does It Take to Be Vested in FERS?

When it comes to questions about retirement benefits under the Federal Employee Retirement System (FERS), the answers are usually complex. But the answer to the question, “How long do I need to work to be vested in FERS” is quite simple: five years. But these five years must be creditable service in the federal civilian service. Active duty or reserve duty in the armed forces does not count. Neither does any kind of private-sector employment. Once your contributions vest in FERS, your options for retirement change. The vesting requirement also affects your options if you leave the federal government before retirement age. Because understanding vesting requirements is essential for receiving retirement benefits, we’ll discuss the basics of FERS vesting requirements in this article. For answers to specific situations or unique problems, contact one of our knowledgeable federal retirement attorneys. Understanding the FERS System Congress created FERS in 1986 to replace the aging Civil Service Retirement System (CSRS). Anyone who has joined the federal service after 1987 automatically falls under FERS. Under FERS, employees receive three main retirement benefits: a Basic Benefit Plan, Social Security, and the Thrift Savings Plan (TSP). With this three-tiered scheme, every employee has to give a portion of their pay to the Basic Benefit and Social Security parts of FERS. Each employee’s agency contributes as well. Then, after retirement, those accumulated funds return to the employee as monthly retirement annuity payments. Employees can also choose to contribute to the TSP, which essentially functions like a 401k. Why Is Vesting Important? Vesting plays a critical role in determining your options for receiving your FERS contributions. How it affects your options changes based on your situation. If you are already eligible for retirement but leave before you attain five years of service, you will not receive any retirement payments. For those who leave the government before becoming eligible for retirement, vesting allows you to opt for a deferred retirement annuity. This means that the government will send you your monthly retirement annuity pay after you reach your retirement age. If you did not meet the vesting time requirement, your only option would be to request that the government return your retirement contributions to you in a lump sum. This means you would never receive the government’s contributed money. However, some people may prefer to have a little money today rather than more money down the road. At What Age Can I Retire? The answer to this question depends on your length of service. If you have at least five years of government service, you can retire at age 62. With at least 10 years of government service, you can retire at your minimum retirement age (MRA). The MRA varies on your birth year, but it is between 55 and 57. However, if you have fewer than 30 years of service, your annuity will suffer a significant penalty if you retire before 62. Understanding Vesting Requirements for FERS Disability Retirement FERS also includes a disability retirement scheme for employees who need to stop working because of a debilitating and long-term illness or injury. The vesting requirement for receiving disability retirement is only 18 months. Is There a Vesting Requirement for the Thrift Savings Plan? Unlike the Basic Benefit and Social Security portions of FERS, employees can choose whether to contribute to the TSP. Any contributions by the employee vest immediately. However, the government’s contributions do not vest until you have achieved three years of civilian federal service. Once you hit 59 1/2 years of age, you can begin withdrawing money from your TSP. If you try to withdraw TSP funds before that time, you will incur a 10% early withdrawal tax. Have More Questions About Vesting Requirements or FERS? Although you now know the answer to “How long does it take to be vested in FERS?” you probably have other questions about retiring. As we mentioned before, the FERS retirement system is complicated. Even seemingly straightforward topics can become confusing quickly. And the stakes are high since you are making decisions that significantly affect your life as a retiree. Don’t lose sleep thinking about how to navigate the tangled world of retirement benefits. Instead, call one of our attorneys at the Law Office of Aaron D. Wersing, PLLC. Our passion is to help federal employees with every aspect of their careers, including retirement options. Let us help you build a secure and worry-free financial future. Call us today at 1-866-612-5956 or reach out online.