Mar 15, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

OPM Federal Disability Retirement vs. Social Security Disability

Whether it came on suddenly or built up over time, having a disability brings many changes, especially if it means you can no longer make a living. Current and former federal employees may qualify for disability benefits through the Federal Employees Retirement System (FERS) and Social Security. As a result, this leaves many disabled federal employees wondering which disability coverage to apply for. Depending on how severe your disability is and your work history, you may qualify for one, the other, both, or neither. Navigating the federal bureaucracy to determine what to apply for is challenging for even the savviest federal employees. The Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help if you have questions about federal employees and social security benefits. We focus exclusively on federal employment issues and can guide you through applying for the benefits you need. What Is Federal Disability Retirement? Federal employees covered by FERS may qualify for federal disability retirement. You apply for federal disability benefits through the U.S. Office of Personnel Management (OPM). To qualify, you must have worked at least 18 months in a covered federal job, have become disabled, and apply while still employed by a federal agency or within one year of separation. To be disabled for FERS purposes, you must be unable to: Applying for federal disability retirement requires the assistance of several other people. In particular, you will need your supervisor, the agency, and a doctor to assist you. If you are not employed with the agency, particularly if you have been separated for more than one month, you may need to submit your application directly to OPM. You should include contact information for the individuals who need to corroborate the information. What Is Social Security Disability? The Social Security Administration (SSA) operates two programs allowing disabled individuals to collect regular monthly payments. These programs include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability. SSI and SSDI have some differences, but both rely on the same definition of disability. Qualifying for SSI or SSDI requires you to prove you meet the SSA’s definition of disability. If you are blind, you typically qualify. Otherwise, you are disabled if: Activities must involve significant physical or mental tasks to be substantial. Gainful activities may include work: In addition, to qualify for SSI disability, you must have limited income and resources. For SSDI, you must have worked enough years in a covered job. You can qualify for both SSI and SSDI at the same time. Can You Get FERS Disability and Social Security? If you are a current or former federal employee with a disability, you may qualify for both OPM FERS disability retirement and Social Security disability. You are required to apply for Social Security disability when you apply for FERS disability. Because the SSA uses a stricter definition, you may qualify for FERS disability without qualifying for SSI or SSDI. Your benefits may be offset if you qualify for more than one program. Generally, the government offsets part of the disability benefits you receive based on the years you worked in employment not covered by FERS. The exact offset depends on many factors and can change yearly. Federal Disability Retirement vs. Social Security Disability If you are a current or former federal employee who is disabled, you may qualify for OPM federal disability, Social Security disability, or both. Under Social Security, your disability must impact your ability to work. Additionally, the programs are run by different federal agencies. Whether you qualify for either program, both, or neither depends on the unique circumstances surrounding your work history and disability. The Federal Employment Law Firm of Aaron D. Wersing can help you understand the unique relationship between federal employees and social security benefits. We can identify which program or programs work best for you and guide you through the application process. Contact us today to discuss the situation with our experienced, knowledgeable staff and attorneys.

Dec 13, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

What Is FERS Immediate Retirement Fund?

The Federal Employee Retirement System (FERS) is the primary retirement system for federal employees. Federal employees under FERS have several retirement options, including disability retirement, early retirement, and immediate retirement. In this piece, we’ll explore FERS immediate retirement in greater depth. Specifically, we’ll discuss the immediate retirement fund and how to fill out the required FERS retirement forms. Contact our talented employment law firm if you have any questions or need legal assistance with your retirement application. Understanding the Basic Eligibility Requirements for FERS Immediate Retirement The Office of Personnel Management describes immediate retirement as an annuity that starts within 30 days of your last work day. It is one of five retirement options under FERS. The others are early, disability, regular, and deferred. Not everyone is eligible for immediate retirement. Instead, there are age and experience requirements you must meet to qualify. If you have at least 30 years of eligible government service, you can retire at the government’s minimum retirement age (MRA). The MRA varies according to your year of birth. Those born before 1948 have an MRA of 55, while those born after 1970 have an MRA of 57. As this OPM chart shows, if you were born between 1948 and 1970, your MRA will be between 55 and 57. If you have 20 years of eligible service, you can retire at 60. And if you are 62, you can obtain immediate retirement after only five years of eligible government service. Although you can technically obtain immediate retirement with only ten years of government service once you arrive at your MRA, it will not be a full benefit. Instead, it will be reduced by 5% for each year that you are under 62. Completing an Application for Immediate Retirement (FERS) The essential form for an immediate retirement application is Standard Form (SF) 3107. There are several parts to the SF 3107, and completing it requires your agency’s involvement. Fortunately, the form comes with instructions, and you can complete the main portion of the form yourself. However, you’ll need to know: Your agency will complete a copy of SF 3107-1, a certified record of your federal service. If you select a spouse to receive benefits, they must submit a copy of SF 3107-2 to certify their acceptance of the annuity arrangements. Do I Need a Lawyer to File for FERS Immediate Retirement? No. It is possible to complete your FERS application on your own. That said, having an attorney significantly eases the application process. There are several reasons for this. First, an attorney can help you understand your eligibility for immediate retirement under FERS, including age and service requirements. They can also assist in calculating your retirement benefits so that you completely understand your entitlements. Once you are ready to apply for retirement, an attorney can review your application for errors or complete it themselves. This reduces the chance that you will face delays or a rejected application because of an accidental oversight. Moreover, an attorney can interface with your agency to streamline the application process. This service is essential because agency staffing departments regularly fail to complete a copy of SF 3107-1. Or they respond slowly to incoming applications unless there is an outside party prodding them along. In the worst scenarios, agencies can sabotage your retirement application because of illegal discrimination and retaliation. An attorney can rectify this issue by holding your agency accountable and initiating litigation if necessary. We’re Ready to Give Your Career the Stellar Ending It Deserves After years or decades of dedicated government service, the last thing you want is a big fight over your retirement. Whether you need assistance understanding your anticipated annuity or help pushing your application along, the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is standing by. Because we represent federal employees exclusively, we have extensive experience with various retirement applications. We also prioritize client communication and representation. When you work with us, you’re not just a number. You’re family. Call us today or contact us online to set up your first appointment.

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 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...

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

Secure Your Retirement: The FERS Vesting Rules Federal Employees Must Know

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 Vesting in FERS means having a current or future right to a FERS basic annuity. Become vested in your Basic Benefit retirement plan by completing 5 years of creditable civilian service. Employees qualify for disability benefits after 18 months of civilian service. 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.

Dec 16, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

Applying for OPM Disability Retirement

There are currently two retirement systems in the federal government. The first one is the Civil Service Retirement System (CSRS). The other, more common system is the Federal Employees Retirement System (FERS). Regardless of which system you fall under, you can receive disability benefits. To do so, you first need to submit a detailed retirement application to the Office of Personnel Management (OPM). Applying for OPM disability retirement is a complex and arduous process. If you are a federal employee with a serious injury or disability, it is essential that you understand OPM’s disability retirement. If you don’t follow the process correctly, OPM may reject your application, placing your financial future in jeopardy. We’ll discuss the basics of the OPM disability retirement process here. Prerequisites for FERS Disability Retirement Given that FERS is the retirement system for the overwhelming majority of the federal workforce, it is worth discussing first. Eligibility for FERS disability benefits requires that you: In addition, you must show that your debilitating condition is expected to last at least one year. Short-term illnesses and injuries do not suffice. To meet the third requirement, your federal employer must first attempt to give you an accommodation that allows you to perform the essential functions of your job with your disability. Potential accommodations include things like telework, altered office arrangements, and a change in work schedule. If attempts to accommodate your condition with your position are unsuccessful, your employer must also search for a similar position that could meet your needs. People typically have several misconceptions about what they need to show when they submit their application for OPM disability retirement. For one, they believe they need to show that their disability prevents them from doing all work. This is patently false. The employee needs to show only that their disability prevents them from executing the core duties of their position of record. In other words, if you are a welder, you do not need to show that your disability prevents you from sitting at a computer. People also commonly believe that their disability must stem from their federal work. This is also incorrect. You can apply for disability retirement regardless of the cause of your disability. Differences in CSRS Disability Retirement Application Applying for CSRS disability retirement is quite similar to applying for FERS disability retirement. The key difference is that you must complete at least five years of Federal civilian service before applying for CSRS disability retirement. FERS, on the other hand, requires only 18 months of federal civilian service. Preparing Your OPM Disability Retirement Application You need to complete two forms to begin your FERS disability retirement application: If you are not yet 62 years old, you will also have to submit your application for social security disability benefits. Because there are only two or three items to submit, you may think that applying for disability retirement is straightforward. The unfortunate truth is that the process is quite complicated. To complete your application, you will need to collect a wide variety of medical information. Consequently, It is essential to act quickly when applying for disability retirement. In fact, the best time to begin working on your disability retirement application is before you receive your separation of service from the government. If you apply before or immediately after your separation from service, you can probably count on additional support from your employer. As more time passes, it will be more difficult to collect the evidence you need. In any event, you have exactly one year to apply for OPM disability retirement. Waiting more than one year to apply for OPM disability retirement will cause you to forever lose out on disability benefits. Therefore, we cannot stress enough how important it is to take action and contact an employment attorney when you receive your separation for service. Would You Like Assistance Preparing Your OPM Disability Retirement Application? Now you know the basics of applying for disability retirement. However, the process is complex, and many applicants experience needless delays or denial of benefits because of avoidable errors. Don’t make that mistake. Instead, contact one of our qualified attorneys at the Law Office of Aaron D. Wersing, PLLC. We strive to protect the futures of federal employees, especially those who have a disability. We know how difficult and overwhelming it can be to fill out paperwork and navigate the retirement application process, and we want to help you. Let us take care of your retirement application so you can focus on putting your life back together. Even if you aren’t sure you need an attorney for your application, let us review your case. Don’t wait. Call us today at (866) 612-5956, or reach out to us online.

Jun 3, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

How Do You Know If You Are Eligible for Disability Retirement Benefits?

Many people enjoy being a federal employee because of the benefits it offers. One of these benefits is a generous disability retirement package under the Federal Employee Retirement System (FERS). So if you have suffered an injury on the job, you might be considering applying for federal disability retirement. But knowing whether you’re eligible for disability retirement benefits is not always straightforward. Read on to learn whether you might be eligible for federal disability retirement benefits. This guide will cover the basic eligibility rules and the benefits you can enjoy. If you want more specific advice for your situation, contact the outstanding team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC. How to Determine Your FERS Disability Retirement Eligibility The Office of Personnel Management (OPM) is the federal agency responsible for regulating the rules for disability retirement. That means that their rules regarding disability retirement eligibility apply to most federal agencies. OPM states that you need to meet several criteria to be eligible for federal disability retirement benefits. Federal Disability Retirement – Calculating Your Benefits Let’s say you meet these requirements and successfully submit your application. What kinds of benefits can you expect to receive? The answer to that depends on several factors. The first one is your age. If you are over 62 years old, your annuity will generally equal one percent of your average salary from the three years you were paid the most (also known as your “high-three” salary) multiplied by your years and months of service. In other words, it’s the same as non-disability retirement for applicants over age 62. We will use an example to show you how this calculation process works. Let’s say your “high-three” salary is $100,000, and you have 10 years of federal government service. One percent of $100,000 is $1,000. And $1,000 times 10 (for your 10 years of service) is $10,000. So you’d receive $10,000 a year in disability benefits. If you are 62 years old and you have more than 20 years of government service, then you receive 1.1% of your “high-three” salary multiplied by your years of service. So if your high-three salary was $100,000 and you worked in the government for 30 years, your annual annuity would be $33,000. But what if you’re under 62? In that case, you will get 60% of your “high-three” salary minus whatever payments you receive from social security during the first year, and then 40% of your “high-three” salary minus 60% of your SSDI benefits each year thereafter until age 62. Want to Learn More About Your Eligibility for Federal Disability Benefits? As you can see, the world of federal disability retirement is extremely complex. Knowing whether you’re eligible for retirement is just the beginning of obtaining FERS retirement benefits. You also need to fill out your application paperwork carefully, get the correct medical documentation and have a lot of patience. On top of that, federal agencies can wrongly deny your application, putting your future welfare in jeopardy. If you want help filing your disability retirement application or if your retirement application has been denied, then you might need a federal employment attorney. At the Federal Employment Law Firm of Aaron D. Wersing, we’re dedicated to helping federal employees make full use of their rights under the law. Mr. Wersing has extensive experience with all kinds of federal employment issues, including disability retirement applications. We can also help you if your employer has rejected your application for retirement. Together, we can help you achieve the benefits you need. Worried about the cost of an attorney? Don’t be. We never want legal fees to discourage you from coming to see us. Give us a call at 833-833-3529 and tell us about your situation. You can also reach out to us online.

Mar 16, 2022 | By Aaron D. Wersing | Read Time: 2 minutes | FERS Disability

FERS Disability Retirement and Severance Pay: What to Know

The federal government grants severance pay to employees who separate involuntarily from the federal service. Not all employees can receive severance pay, however. To qualify, an employee first has to meet several prerequisites. You should also know that severance pay plays an important role for those who are in the process of obtaining a federal disability retirement. We cover the basics here, but we recommend that you reach out to a knowledgeable federal employment attorney to learn more. What Is Severance Pay? Just like in the private sector, severance pay is compensation given to employees who are involuntarily separated from federal service. “Involuntary separation” includes several key scenarios, including: Am I Eligible For Severance Pay? You may be eligible for severance pay if you are involuntarily separated from the federal service as defined above. However, you need to meet a couple of additional basic conditions. First, you need a career or career-conditional appointment in the competitive or excepted services. Appointments in the Senior Executive Service and some time-limited appointments also qualify, but presidential and emergency appointments do not. Second, you need to have completed at least 12 months of continuous service in the federal government by the date of separation. Finally, you cannot have accepted another position with the federal government and receive severance pay. How Much Severance Pay Can I Get? Naturally, the amount of severance pay varies from one employee to another. The amount of severance pay that you can receive depends primarily on your years of service in the federal government. You can get one week of severance pay (calculated at your final basic pay rate) for each of your first 10 years of service. Every additional year of service grants you an additional two weeks of severance pay. There is also an age adjustment that boosts the amount of severance pay for employees over 40. For every three months of age beyond age forty, you can add an additional 2.5% to your basic severance pay rate. When calculating your years of service, you can generally include any time you spent in the national guard or the Armed Forces. Former United States Postal Service (USPS) workers can include their time with that agency as well. How Does Severance Pay Affect My FERS Disability Retirement? Many employees applying for federal disability retirement look to severance pay as a way to boost their financial picture when exiting government service. However, under current guidance, you cannot receive severance pay if you are “eligible . . . for an immediate annuity from a Federal retirement system.” This means that if you receive an involuntary separation while applying for federal disability retirement, you’ll likely have to return any severance pay you receive. Have More Questions About Severance Pay? Severance pay is a tricky topic, especially when you have a pending federal disability retirement application. It can be stressful to think about how you’re going to pay for retirement or your next period of unemployment. You shouldn’t have to deal with this issue on your own. Our attorneys at the Law Office of Aaron D. Wersing, PLLC, are totally committed to helping you secure your financial future. Call us at (866) 891-0578 or contact us online to set up your consultation.