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.

Dec 5, 2022 | By Aaron D. Wersing | Read Time: 5 minutes | Federal Retirement

5 Steps for Applying for Federal Disability Retirement

Federal employees who become disabled face significant stress. From handling pain and multiple doctor appointments to worrying about finances and an uncertain future, a federal employee can be overwhelmed. The last thing that a disabled federal employee should have to deal with is filing complex paperwork to apply for federal disability retirement benefits. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, our federal employee disability retirement lawyers take the worry out of applying for benefits. We help our disabled-federal-worker clients so that they can focus on their health and their families. Our hands-on approach keeps our clients informed throughout the entire process, from completing the initial paperwork to the appeal of benefit denial. We are experienced in all aspects of Federal Employees Retirement System (FERS) disability retirement benefits so that federal employees don’t have to be. For assistance, please contact us online or call (833) 833-3529 today. Requirements For Applying For FERS Disability Retirement To be eligible for the FERS disability program, federal employees must have worked in a covered position for at least 18 months. In addition, an employee must have become disabled while employed and the disability must be expected to last for at least one year. Importantly, however, a work-related injury or illness need not have caused the disability. Federal employees can apply for disability retirement benefits at any age. What Disabilities Qualify for Federal Government Disability Retirement Benefits? To qualify for federal government disability retirement benefits, an employee must experience either a physical or mental disease or injury. The employee’s disability must prevent “useful and efficient service” in the employee’s current job with the federal government. Essentially, the federal employee must be unable to perform one or more essential job functions of their current position. If the employing federal agency can accommodate the worker’s medical condition, the employee may continue to work in his or her current position. In that case, the employee will not be eligible for federal disability retirement. Alternatively, if the employing agency can transfer the disabled employee to a different job, known as the accommodation of last resort, the employee will not be entitled to disability retirement benefits. The new job should be at the same grade or pay level and in the same commuting area. In short, the employee may apply for federal disability retirement only if the employing agency is unable to accommodate the employee’s disability. Five-Step FERS Disability Retirement Application Process There are five essential steps that a federal employee needs to follow to apply for FERS disability retirement. 1. Apply for Social Security Disability Benefits Why? Because when a federal employee applies for FERS disability retirement, the employee must indicate whether he or she has applied for Social Security disability benefits. Remember, you do not have to be approved for SSDI, but you must apply. The applicant also must attach a copy of the Social Security application receipt or award notice to the FERS disability retirement application. If a disabled employee receives Social Security disability payments, the amount of federal disability retirement payments under FERS will be reduced. Importantly, if the Social Security Administration denies disability benefits, federal employees still may be entitled to FERS disability retirement payments. 2. Complete Standard Form 3107, Application for Immediate Retirement Form 3107 is available from federal personnel offices or online here. Federal employees must file their application for federal government disability retirement benefits while still employed with the government or within one year of their separation date. The Application for Immediate Retirement is several pages long and asks for detailed information, including: Form 3107 also includes the Certified Summary of Federal Service, SF 3107-1. The employing agency completes this certification form to provide a history of the employee’s federal jobs, earnings, and FERS coverage. You can apply for FERS disability retirement before the agency completes this form. After the agency completes that certification, the employee must review and sign it, attesting that it is accurate. The agency also should complete the Agency Checklist of Immediate Retirement Procedures, which is part of Form 3107. In addition, depending on your responses to certain questions, supplemental documentation may be required, such as a marriage certificate, W-4 form, or a DD-214, for example. For guidance on how to complete the application, disabled federal employees can review the instructions that accompany the Application for Immediate Retirement. They may also read an informational pamphlet SF 3113 titled Applying for Immediate Retirement Under the Federal Employees Retirement System. 3. Complete Standard Form 3112, Documentation in Support of Disability Retirement Application Disabled federal employees need to provide documents that support their FERS disability retirement application. Standard Form (SF) 3112 includes five main forms, some of which are completed by the applicant and others to be completed by their physicians or agency. In general, employees use these forms to document their medical condition to show that they are disabled and unable to perform their job duties. The disabled employee must complete Standard Form 3112A, Applicant’s Statement of Disability. On that form, the applicant describes his or her disease or injury and how it affects current job duties. The applicant then lists the physicians and dates of treatment that can support his or her claim of disability. Next, the federal employee must ask each doctor to complete Standard Form 3112C, Physician’s Statement. The employee should also provide each doctor with a current job description. With that job description, each doctor can state how the employee’s disease or injury affects the employee’s ability to work. In addition to completing the form, each doctor must enclose medical documentation of the patient’s medical condition on letterhead stationery. Doctors must provide copies of all medical reports detailing the patient’s symptoms and history, diagnostic tests, diagnosis, treatments, and therapies. The doctors also must indicate if and when the employee will recover. Finally, if the doctors place any restrictions on the employee’s activities, such as lifting or standing limits, the doctor must describe those restrictions. Next, the employing federal agency must complete forms that...

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.

Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

What Diseases and Injuries Are Considered Disabilities?

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