May 28, 2025 | By Aaron D. Wersing | Read Time: 6 minutes | Federal Retirement

How Do I Calculate FERS Retirement With A Calculator?

Calculating your FERS retirement may seem complex, but we can help you determine the right amount with ease. A FERS disability retirement calculator is exactly what it sounds like. So you want to know how to calculate federal retirement. 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 older 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.  Related Article: Minimum Retirement Age (MRA) for Federal Employees 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....

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May 28, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Understanding Discrimination Hiring Practices: Passed Over for Promotion by Less Qualified Employees

When you’re expecting a promotion and have been passed over for promotion by less qualified candidate, it can be frustrating. You may be wondering why you were passed over in favor of someone else, especially if they aren’t as qualified as you are. If you ask your boss and don’t get a satisfactory answer, there may be a reason. Unfortunately, discrimination in the federal workplace is not a new problem. Being passed over for a promotion in favor of a less-qualified candidate is not uncommon either. If you suspect you’re the victim of workplace discrimination, you need to contact a skilled federal employment lawyer right away. Feeling frustrated after being overlooked for a promotion in favor of a colleague who appears less qualified is understandable. However, it’s important to respond with professionalism and maintain an objective perspective. Discrimination in Promotion or Non-Selection Federal employers can choose to hire and promote someone for numerous legitimate reasons. However, the law prohibits employers from passing on an employee if their motives are rooted in certain types of discrimination. Actions that are even somewhat discriminatory are unlawful. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in any facet of employment, including hiring, termination, referral, promotion, etc. The Equal Employment Opportunity Commission (EEOC) is the agency that enforces these laws.   Employers cannot refuse to promote or hire someone because of: Proving discrimination is not necessarily easy, but it’s not impossible. If you believe you were discriminated against, you have the right to take legal action against your federal agency. To better understand what workplace discrimination looks like, here are several other examples: If you are considering pursuing a formal complaint about your missed promotion, you need to act quickly. You don’t have a lot of time to initiate your EEO complaint. What to Do When You Are Passed Over for a Promotion? Employees who have experienced discrimination in their workplace have legal rights. You should start by asking the hiring manager or your boss to explain why you were not promoted. If they don’t give you a straight answer or your gut tells you there is something they are leaving out, consider digging deeper. This is an excellent time to contact an experienced federal employee lawyer. At the Law Office of Aaron D. Wersing, we focus on legal issues affecting federal employees. We have years of experience representing clients in workplace harassment and discrimination claims. There is no harm in contacting us to discuss your situation. We can evaluate your case and let you know what the best course of legal action is. Depending on the circumstances, your attorney may suggest you make a complaint about the alleged discrimination. This is when you want to pay close attention to conversations in your office. Look for patterns of discrimination. Some incidents may not be overt. Gather any text messages, emails, or other documents you have that could point to discrimination in the workplace. Understandably, you might be concerned about retaliation after reporting that you were passed over for a promotion by a less-qualified candidate. While illegal, retaliation does occur in workplaces, including federal agencies. If you reported discrimination or harassment and adverse employment action has been taken against you, it’s time to contact our office. Filing an EEOC Claim as a Federal Employee If you are considering filing a EEO complaint of discrimination against your agency, the process is unique for federal employees. Your first step is to speak with an EEO counselor at the agency where you work. Typically, you have only 45 days from the date of discrimination to contact them. You can then elect to process your case through traditional EEO counseling or an alternative dispute resolution (ADR) program. A qualified federal employment attorney can advise you as to which route to take in your specific case.  In the event your dispute doesn’t resolve through one of these two methods, you have up to 15 days to file a formal complaint with your agency’s EEO office, which leads to a fact-finding investigation. Once they have completed this investigation, you have the choice to have the agency issue their decision through a final agency decision (FAD) or request a hearing before an EEOC administrative law judge. Depending on the outcome, you may later need to appeal by filing a civil action in federal court. Contact Our Federal Employee Lawyer Today When you’re dealing with being passed over for a promotion discrimination by a less qualified candidate, we can help you. If there is discrimination happening in your federal workplace, it’s probably not an isolated incident. Employers cannot discriminate against employees, nor can they retaliate if an employee reports an incident. To learn more about your legal options after being discriminated against, contact the Law Office of Aaron D. Wersing today.

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May 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Category Name

Role of Douglas Factors in MSPB Disciplinary Actions

When a federal agency proposes to suspend, demote, or remove a federal employee, its decision must survive scrutiny by the Merit Systems Protection Board (MSPB). The MSPB doesn’t simply accept the agency’s reasoning at face value—it evaluates whether the penalty is fair, justified, and consistent with federal merit system principles. This is where the Douglas factors come into play. These 12 factors serve as a guideline agencies must use to determine whether a disciplinary penalty is appropriate. If the agency fails to properly consider them—or applies them inconsistently—its action may be overturned on appeal. This blog post will explain what federal employees should know about the role of Douglas factors in MSPB disciplinary actions. Understanding how these factors work can make a critical difference in building your defense and protecting your federal career. What Is the Role of Douglas Factors in MSPB Disciplinary Actions? The Douglas factors are a set of 12 criteria that agencies must weigh when deciding on disciplinary action against a federal employee. These factors are designed to ensure that the penalty is proportionate to the misconduct, takes the employee’s circumstances into account, and is consistent with how similar cases have been handled in the past. Here are the key factors that agencies must assess: An agency doesn’t have to address every single one of these factors in writing, but it must demonstrate that it gave meaningful consideration to the relevant ones. Failure to do so can be a strong argument for reducing or reversing the penalty.  Mitigating Penalties Using Douglas Factors in MSPB Cases Many agencies overlook factors that might justify leniency in their rush to discipline. For that reason, appealing to the Douglas factors can be an effective way to seek a mitigated penalty.  For example, under the Douglas framework, a long-serving federal employee with a spotless record may be eligible for a lesser penalty if mitigating circumstances exist—such as levels of unusual stress, unacknowledged mental health conditions, or discriminatory treatment.  Employees can shift the narrative by gathering strong documentation, credible witnesses, and persuasive personal statements. In doing so, a penalty that once seemed inevitable may become unjustifiable. Douglas Factors and MSPB Appeal Strategies Understanding the role of Douglas factors in unfair federal employee discipline claims is key to developing a strategic defense. By examining the Douglas factors in the context of your case, employees and their attorneys can prepare to effectively challenge the suitability of the penalty. Some strategies commonly used in MSPB appeals include: Each of these arguments can tip the balance in favor of the employee. Weighing Douglas Factors in Federal Employee Removals The Douglas factors are a valuable tool for rebalancing the power dynamic in adverse action cases. Unfortunately, in some cases, disciplinary actions may be motivated by workplace politics, biases, or retaliation. In this vein, the MSPB pays close attention to how agencies are weighing Douglas factors in federal employee removals. Agencies that impose removal without considering these factors may see their decisions reversed or mitigated. MSPB Disciplinary Actions and the Application of Douglas Factors FAQs Why Are Douglas Factors Important in MSPB Disciplinary Cases? They ensure that penalties are not arbitrary and that agencies consider the full context of an employee’s conduct. When Do Agencies Apply Douglas Factors in Disciplinary Actions? Agencies must consider them before finalizing major adverse disciplinary actions, including removals, demotions, or lengthy suspensions. Let Our Firm Help You Use the Douglas Factors to Your Advantage The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is dedicated exclusively to federal employee representation. We are Texas board-certified in labor and employment law, backed by a record of success, AVVO 5-star reviews, and recognition from Super Lawyers. From whistleblower retaliation to wrongful removal cases, we have helped hundreds of clients assert their rights and rebuild their careers. We understand federal employment law inside and out and know how to apply the Douglas factors to your advantage. Reach out to our team today and schedule a consultation.

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May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Common Defenses Against Federal Employee Misconduct Charges

For many federal employees, public service represents not only a career but a commitment to stability, structure, and purpose. However, when misconduct allegations arise, that foundation can feel suddenly and unfairly shaken. These charges often carry serious consequences—threatening your career, financial security, and professional standing. Fortunately, federal employees are not without recourse. There are several common defenses against federal employee misconduct charges, and when strategically asserted, they can provide a clear path toward resolution. Whether your case involves procedural errors, baseless allegations, or discriminatory retaliation, a focused legal strategy can make all the difference. What Are Common Defenses Against Federal Employee Misconduct Charges? When a federal employee is charged with misconduct, several legal defenses may be raised depending on the circumstances. These defenses can protect your job, your record, and your future. Here are some of the most common and effective ones: Rushed or overburdened agencies often overlook these common defenses against federal employee misconduct charges. But a skilled attorney knows how to apply them strategically. That’s why working with a federal employment advocate and building your case early on is essential. What Are Strategies to Challenge Federal Disciplinary Actions? Successfully challenging a disciplinary action requires more than just disagreeing with the agency. Some strategic steps to take include: Ultimately, what is the strongest strategy for challenging a misconduct charge? Seeking legal representation. Federal employment law is complex, and disciplinary hearings are high-stakes. Having an experienced attorney on your side can make a significant difference. A good lawyer can challenge weak evidence, uncover procedural errors, and build the strongest defense possible.  How Long Do I Have to Appeal Federal Employee Misconduct Charges to the MSPB? Timing is everything when defending against misconduct charges. If you’ve been removed, demoted, or suspended for more than 14 days, you typically have 30 calendar days from the effective date of the action to file your appeal with the MSPB. Missing this deadline can result in losing your right to challenge the agency’s decision. The MSPB appeals process moves quickly and requires detailed legal knowledge. From the moment you receive a proposed disciplinary action, every step you take—or fail to take—can impact the outcome. That’s why working with a lawyer who understands how the MSPB operates is so important. Legal Defenses for Federal Workers Facing Misconduct Claims FAQs Can I Challenge a Misconduct Charge If I Believe It Is Unfair or Incorrect? Yes. Depending on your case, you can challenge disciplinary actions through internal processes, the MSPB, the EEOC or OSC. What Evidence Do I Need to Defend Against a Federal Disciplinary Action? Emails, timelines, witness statements, medical records, and performance reviews are all critical forms of evidence. What Are the Most Effective Ways to Challenge a Federal Disciplinary Action? The most effective ways include hiring an attorney, requesting all case documentation, uncovering bias or retaliation, and appealing to the MSPB. You Don’t Have to Face This Alone At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we bring deep experience and singular focus to the complex world of federal employment law. Our nationally recognized firm proudly holds distinctions such as the AVVO Client’s Choice Award, and Super Lawyers recognition. Whether you’re dealing with a proposed removal, a suspension, or a hostile work environment, we know how to navigate the system and fight for your rights. Contact our firm today for a consultation.

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May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Category Name

File an OFO Appeal as a Federal Employee

Filing an appeal with the Equal Employment Opportunity Commission (EEOC) might sound intimidating. However, if you’ve received a Final Agency Decision (FAD) that doesn’t sit right, or an unfavorable decision by an EEOC judge, the EEOC’s Office of Federal Operations (OFO) gives you a path forward. You can file an OFO appeal as a federal employee to challenge that decision without restarting your case from scratch. The OFO appeals process is technical and time-sensitive. But with the right approach and attorney, the outcome can shift in your favor. The Federal Employment Law Firm of Aaron D. Wersing PLLC is dedicated to helping federal employees do just that with clarity, strategy, and compassion. What Is the OFO Appeal Process for Federal Employees? The OFO appeal process for federal employees allows you to contest an agency’s final ruling in your discrimination case. An OFO appeal doesn’t mean you reopen every detail of your case. Instead, it asks the EEOC to review whether the agency made a legal or factual error. There are three basic steps to the OFO appeal process: For employees, winning an OFO appeal can mean a second chance at justice, potentially resulting in reinstatement, back pay, or other corrective actions. However, success depends on presenting strong legal arguments and clear evidence that the agency mishandled the case. At The Federal Employment Law Firm of Aaron D. Wersing, we know how to help craft federal appeals that speak the EEOC’s language and stand up under scrutiny. What Documents Are Needed for an OFO Appeal? When preparing your case, knowing which documents are needed for an OFO appeal is key. Essential documents include: If you leave something out, the EEOC may never complete your appeal. A seasoned attorney can help ensure that your paperwork is correctly submitted. What Are the Common Mistakes in OFO Appeal Filings? Even strong cases can unravel because of errors. Some common mistakes in OFO appeal filings that can jeopardize a case include: Winning an appeal isn’t simply a matter of effort; it’s a matter of precision. Procedural missteps at this stage can result in a complete loss of your right to appeal.  Understanding the EEOC OFO Appeal Form and Requirements The EEOC OFO appeal form and requirements seem simple, but they demand rigorous attention. To start, fill out and sign EEOC Form 573. Then, attach your FAD and any supporting materials or documents. You can submit your appeal by mail or through the EEOC Public Portal. Be sure to keep a copy of the form, as well as proof of submission for your records. Your submission must be complete to be considered—partial filings are often dismissed. What Is the EEOC OFO Appeal Timeline for Federal Workers? Here are some key points in the EEOC OFO appeal timeline that federal workers should know about: You typically only have one chance to appeal. Filing on time and filing correctly gives your appeal its best chance. OFO Appeal Process for Federal Employees: FAQs When Should I File an OFO Appeal as a Federal Employee? Within 30 days of receiving your FAD or EEOC initial decision. What Types of Cases Qualify? Claims of discrimination, retaliation, or harassment under Title VII, the ADEA, the Rehabilitation Act, and similar laws. Is There a Fee? No. The OFO does not charge a fee to file an appeal. What Happens After I File My Appeal? The EEOC may affirm, reverse, or return the case for further review (i.e., remand). Can I File More Documents Later? In an OFO appeal, you generally have 30 additional days after filing the appeal itself to file your supporting evidence. This is not true when filing an OFO reconsideration appeal, in which both the appeal and all evidence should be filed together. The Federal Employment Law Firm of Aaron D. Wersing PLLC Can Help The Federal Employment Law Firm of Aaron D. Wersing PLLC helps clients fight against discrimination, wrongful suspensions, and hostile work environments nationwide. What sets us apart from other law firms? With years of experience handling EEOC, MSPB, OSC, and disability retirement claims, Aaron Wersing knows federal employment law inside and out. If you’re facing the aftermath of a flawed FAD and are unsure where to turn, we’re here to help. Our firm doesn’t treat federal employment law as a side practice—it is our primary focus and area of deep, ongoing dedication. Contact us today for a consultation, and let us guide you through your appeal with strength, strategy, and support.

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May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Important Questions to Ask Your Federal Employee Lawyer

When your federal career is on the line, hiring a lawyer isn’t any choice—it’s a decision that could shape your future. Maybe your agency blindsided you with a proposed removal, or you face daily discrimination or retaliation. Suddenly, you find yourself navigating a complex legal and administrative system most private-sector employees never have to touch. That’s why the important questions to ask your federal employee lawyer matter. You’re not just hiring an attorney; you’re choosing a partner who can help protect your financial and professional future. Whatever your issue, knowing how to evaluate a potential attorney is essential for setting yourself up for the best possible outcome. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we guide clients through EEOC hearings, MSPB appeals, OSC investigations, FERS disability claims, and other complex legal proceedings with clarity and care. Our goal? To give you back control of your life. Why Does Asking Questions Matter When Federal Employees Choose Legal Representation? Federal employment law isn’t just complicated—it’s a maze of overlapping statutes, agency rules, and appeal processes that don’t function like state or private-sector employment laws. The Civil Service Reform Act, the Whistleblower Protection Act, the Rehabilitation Act, and Title VII of the Civil Rights Act each establish different rights and procedures—and how they interact can be anything but straightforward. Successfully navigating the distinct procedures of the Equal Employment Opportunity Commission, Merit Systems Protection Board, or Office of Special Counsel requires more than general employment law knowledge. It demands a lawyer who is experienced specifically within the federal system. That’s why asking the right questions before hiring an attorney is critical. You don’t want someone who “dabbles” in federal employment law—you need a seasoned professional who understands the important questions of employee relations and labor laws as they apply to federal workers. Hiring the right attorney is about more than checking credentials. It’s about trust. The best lawyers will welcome your questions—not dodge them. They know you’re under stress. They’ll meet you there and walk with you through it. If you consult with an attorney who refuses to answer your questions or gives you the run-around, it’s a sign they are not the right attorney for your cause. Important Questions to Ask Your Federal Employee Lawyer at the First Meeting Before you commit, prepare. Bring a list of questions that cover your areas of concern. Listen carefully, not just to answers but to tone and demeanor. Here are just some of the essential questions to ask your federal employee lawyer before deciding to move forward: These are only a starting point. From there, ask questions you feel are essential to your specific case. Trust your instincts—if the lawyer’s answers inspire clarity and confidence, you may have found the advocate you need. Additional Questions to Ask an Employment Law Attorney for Ongoing Cases or Complex Situations If you’re already in a legal proceeding or dealing with multiple issues simultaneously, your questions should dig deeper. Potential issues to raise could include: These more advanced questions can help you evaluate whether your lawyer sees the whole picture in your case.  Take the First Step Forward: Choose The Federal Employment Law Firm of Aaron D. Wersing PLLC The Federal Employment Law Firm of Aaron D. Wersing PLLC exists to serve people just like you. We don’t just handle federal employment disputes—we live and breathe them. Our founder, Aaron D. Wersing, has years of experience helping hundreds of federal workers across the country reverse unjust suspensions, secure medical accommodations, beat retaliation, and reclaim their careers. We know federal employment inside and out and are prepared to work to keep our clients informed and empowered from day one. You don’t have to walk this road alone. Reach out today for a confidential consultation. Let us show you what skilled, strategic representation looks like.

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May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Category Name

Appealing a Federal Employment Termination

For federal employees, losing a job can feel like having the ground ripped out from under you. One day, it’s business as usual, and the next, you’re holding a termination letter, wondering how everything changed so quickly. Many employees naturally want to exercise their rights as government workers and challenge their agency’s decision. However, appealing a federal employment termination can be complicated.  This blog post will explain what federal employees should know about their rights when facing termination. We’ll cover who can challenge a firing, what the appeal process involves, and how long you have to take action. Can I Appeal My Termination as a Federal Employee? Generally, yes. Federal employees can appeal terminations—but only under specific circumstances. The federal workforce is governed by complex laws that protect certain employees from unfair or unlawful termination.  To have the right to appeal a termination, you generally must: If you meet these criteria, you may be eligible to file an appeal with the Merit Systems Protection Board (MSPB). You may also have the right to bring a complaint of discrimination to the Equal Employment Opportunity Commission (EEOC), or appeal the removal through your union’s grievance procedure.  Understanding which route applies to your situation is critical when appealing a federal employment termination, as often the forum chosen first will become the only forum allowed. The laws governing federal employee terminations can be highly technical, so consulting an experienced federal employment attorney is often a wise step, and this post certainly cannot cover all aspects of appealing a termination. How Do I Appeal a Federal Termination? Federal employees typically have several options when appealing a termination. The right path for you depends on the circumstances of your termination. Let’s look at two of the primary routes employees can use.   Filing an MSPB Appeal The MSPB is the primary body that handles appeals for federal employees facing termination for misconduct or performance issues, once their probationary period is completed. To file an MSPB appeal, you must follow these steps: When appealing a federal employment termination, the form for an MSPB appeal must be completed correctly to avoid delays or dismissal. If the MSPB denies your claim, you may have the option to request a review by the full MSPB Board. Filing a Union Grievance If you are a union member, you may be able to use your collective bargaining agreement’s negotiated grievance procedure to challenge your termination. Under this route, the claim is between the union and the agency, and outside counsel can generally only represent your side with the union’s approval. Common federal employee grievance examples include terminations based on alleged misconduct, unfair labor practices, and similar violations. Union grievance procedures typically involve: Your grievance process should be outlined in your collective bargaining agreement. However, choosing this route may waive your right to an MSPB appeal. Can I Appeal My Termination Through the EEOC If I Believe It Was Discriminatory? Yes. If you believe that your termination was based on discrimination related to race, color, religion, sex, national origin, age, disability, or genetic information, you may have grounds to file a complaint with the EEOC, even if you are a probationary employee. To do so, you must contact your agency’s Equal Employment Opportunity (EEO) counselor, who can begin the complaint process. What Evidence Do I Need to Prove My Termination Was Discriminatory? Proving discrimination requires supporting evidence, including: If you establish that your termination was motivated by unlawful discrimination, the EEOC can order reinstatement, back pay, and other damages. How Long Do I Have to Appeal My Termination? Different appeal options come with strict deadlines, outlined as follows: Missing these deadlines can prevent you from appealing a federal employment termination letter, so acting quickly and seeking legal guidance is crucial. Defending the Rights of Federal Employees Nationwide At the Federal Employment Law Firm of Aaron D. Wersing, we understand how intimidating it can be to challenge an unfair dismissal. That’s where we come in. Attorney Aaron Wersing has spent years helping federal employees in Houston and nationwide navigate complex termination appeals. With extensive experience supporting employees through MSPB cases, EEOC complaints, and union grievances, our team knows how to build a strong case to protect your career and financial stability. If you’re considering appealing a federal employment termination, contact our office today to learn more about how we can help. Resources:

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May 26, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

How to Strengthen Your FERS Disability Retirement Claim?

Many federal employees assume that qualifying for disability retirement through FERS (Federal Employees Retirement System) will be straightforward. After all, the program exists to support federal workers who can no longer perform their job duties due to a medical condition. However, even those with legitimate disabilities can face delays, requests for additional information, or outright denials from the Office of Personnel Management (OPM).  The good news is that there are concrete steps you can take to strengthen your FERS disability retirement claim and improve your chances of securing the benefits you’ve earned. This guide will walk you through essential strategies to help you build a stronger case and avoid common application pitfalls. 4 Tips for Winning a FERS Disability Retirement Case Here are some of the most effective ways federal employees can make a strong disability retirement claim and boost their chances of approval. Make Sure You Qualify Unfortunately, many FERS applicants face denials because they overlook or fail to prove the basic eligibility requirements. To qualify for FERS disability benefits, you must: To avoid these common mistakes in a FERS disability retirement application, ensure that you have concrete evidence for each of the above.  Gather Plenty of Medical Evidence The OPM requires detailed medical evidence to prove that your condition prevents you from performing your job duties. This includes evidence such as: Medical evidence is needed for a FERS disability claim because it serves as the foundation of your case. Submitting thorough and well-organized medical documentation for FERS disability retirement approval helps establish that your condition meets the legal requirements under OPM guidelines. Don’t Wait to File Too many employees lose out on benefits because of missed deadlines. You must apply for FERS disability retirement within one year of your separation from federal service.  If your claim is denied, you can appeal—but you must do so within 30 days of the denial letter date. Delaying action at any stage can mean losing your right to disability retirement benefits.  Get Help from an Attorney Working with a skilled lawyer is one of the most effective ways to strengthen your FERS disability retirement claim. An experienced federal employment attorney can help confirm you meet eligibility requirements, collect medical evidence, and present your case in the most favorable light. A lawyer can also work to build an effective legal strategy for the appeals process if your application is denied. Frequently Asked Questions About FERS Disability Applications Many federal employees have questions about the FERS disability retirement process. Below are answers to some of the most common concerns. How Do I Prove My Medical Condition Prevents Me from Performing My Job Duties? To qualify for FERS disability retirement, you must show evidence that your condition prevents you from performing the critical elements of your job, or creates a deficiency in attendance or conduct. Medical evidence can help, and your physician should clearly state the physical or mental limitations caused by your condition and how they interfere with your ability to work. However, your supervisor’s statement carries a lot of weight in how OPM determines whether a deficiency is present. What Medical Conditions Qualify for FERS Disability Retirement? Any physical or mental condition that substantially limits your ability to perform your job duties may qualify for FERS disability retirement. This includes chronic pain, degenerative diseases, mental health conditions, autoimmune disorders, and more. What matters is whether the condition impairs your ability to perform useful or efficient service to your agency. Do I Need to Prove That I Am Totally Disabled to Qualify? No. You only need to show that your condition prevents you from effectively performing your position of record and that reasonable accommodations are not possible.  How Important Is My Physician’s Statement in My Application? Your physician’s statement can be one of the most critical pieces of evidence in your FERS disability claim. It should clearly outline your diagnosis, symptoms, limitations, and prognosis. A strong physician’s statement will help you prove medical eligibility for FERS disability retirement and increase your chances of approval, and an experienced attorney can help in providing guidance in this process. What Kind of Evidence Can Strengthen My Appeal? Up to date medical records, low performance evaluations, more detailed physician statements, and certain types of removals can all be helpful during an appeal. A lawyer can help you identify gaps in your initial submission and build a stronger case during the appeal process. Insightful Legal Support Federal Employees Can Trust At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we know how complex applying for disability retirement benefits can be. Our firm has spent years helping federal employees nationwide successfully secure the disability benefits they need and deserve. With extensive experience across virtually all aspects of the federal government, Aaron Wersing is ready to work with you to strengthen your FERS disability retirement claim from start to finish. If you’re a federal employee preparing a FERS disability retirement claim or appealing a denial, contact us today to schedule a consultation to learn more. 

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May 26, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal EEOC

Overview of Federal EEOC Complaint Process

No matter what your job is, you may encounter discrimination in the workplace during your career. There are several laws the Equal Employment Opportunity Commission (EEOC) enforces that protect federal employees from discrimination. But what is the federal EEOC complaint process? If you find yourself the victim of discrimination in the federal workplace, it’s important to understand your rights and how to enforce them with an EEOC complaint. For immediate assistance, please don’t hesitate to send a message or call us at (833) 833-3529 today. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The chances of winning an EEOC complaint depend on several factors and can vary widely. On average, about 16% to 20% of complaints result in favorable outcomes for the complainant. These outcomes may include settlements, voluntary withdrawals with benefits, or successful claim resolutions. However, when a complaint proceeds to litigation, the likelihood of success in court is typically lower. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination. Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs.  The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable. Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or national origin, age, and disability. Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview. This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination. Once the investigation is complete, you may request a hearing before an administrative judge, or you can request an immediate final decision for your EEOC complaint from your agency. 4. Hearing Before an Administrative Judge Like other court proceedings, an EEOC hearing involves presenting your case to an administrative judge. Each party also has the opportunity to conduct discovery to obtain additional information. At the end of the hearing, the judge will review the record and issue a decision about whether there was discrimination. In some cases, a federal employee may not need to request a hearing. Accordingly, hearings do not always happen as part of the federal EEOC complaint process. 5. Your Agency Issues a Final Decision Whether you choose a hearing or not, the final main step is your agency’s final decision. The agency will review the judge’s final order or the evidence from the investigation and notify you whether it found any discrimination. If there was discrimination, the agency may implement the judge’s orders or its own remedy. Because final decisions may not be in the employee’s favor, federal employees have the right to appeal a final agency action to the EEOC’s appellate division, the Office of Federal Operations (OFO). 6. Appealing to the EEOC You may appeal your agency’s decision to the OFO within 30 days of that decision. During the appeal process, the OFO will review the entire history of your complaint and the evidence in the record. The OFO will then issue its own determination of whether there was any discrimination. Having a federal EEOC lawyer is the best way to make sure your arguments are properly presented in this case. Contact a Federal EEOC Lawyer The federal EEOC complaint process looks long and stressful, but it doesn’t have to be. The attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have years of experience representing federal employees in a variety of employment matters. If you’ve suffered discrimination and need help with your EEOC complaint, we can help. Contact us today online or at (833) 833-3529.

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May 16, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Minimum Retirement Age (MRA) for Federal Employees

The vast majority of federal employees look forward to enjoying the federal government’s generous retirement package. Yet there is no well-defined minimum retirement age for federal employees because there are several different kinds of early retirement. Thus, the minimum retirement age for federal employees hinges on the type of retirement. These forms of retirement depend, in turn, on things like the employee’s health status and years of federal service. The upside of this arrangement is that federal employees have significant flexibility when considering retirement options. However, there are downsides that you should consider as well.  We’ll unpack the various minimum retirement ages for federal employees in this article. We’ll also delve into what you can do to help minimize any negative consequences of early retirement. However, if you have more specific questions or want legal advice for your personal situation, give our firm a call today. What Is the Minimum Retirement Age (MRA) for Federal Employees? Minimum retirement age varies based on the federal retirement system. Minimum Retirement Age in the Civil Service Retirement System  If you are an older employee who joined the federal service before 1987, you may be under the Civil Service Retirement System (CSRS). Employees under CSRS can technically retire at any time. Retire under FERS at age 62 with 5 years of service, age 60 with 20 years, or at your Minimum Retirement Age (MRA) with 30 years. You can also retire at MRA with 10 years of service, but benefits will be reduced. There are some exceptions to this rule, however. We’ll explore those in a moment. Calculating Minimum Retirement Age Under the Federal Employee Retirement System If you began your federal career in or after 1987, you are under the Federal Employee Retirement System (FERS). Calculating the retirement age depends on your year of birth. The Minimum Retirement Age (MRA) for FERS employees is 55 to 57, depending on birth year. Employees born before 1948 have an MRA of 55. Those born in 1970 or later have an MRA of 57. Individuals born between 1948 and 1969 have an MRA that increases gradually between 55 and 57 based on their birth year. If you were born before 1948, then you can retire at 55. If you were born in 1970 or later, you can enjoy minimum retirement at 57. And if you were born between 1948 and 1970, your minimum retirement age will be between 55 and 2 months and 56 and 10 months. However, there’s an additional fact that bears mentioning. Under FERS, you may not receive your complete retirement annuity even after you reach your minimum retirement age. Start receiving Social Security retirement benefits at age 62, but get full benefits at your full retirement age. Increase your benefit amount by delaying benefits up to age 70. For instance, if you have fewer than 30 years of federal service when you reach your retirement age, the government will reduce your retirement benefits by 5% for every year that you are under 62. Retire at age 60 with 28 years of federal service and receive 90% of your government retirement annuity. Similarly, if you retire at age 55, you can expect to receive just 65% of your retirement benefits.  Year of Birth Minimum Retirement Age (MRA) Before 1948 55 1948 55 and 2 months 1949 55 and 4 months 1950 55 and 6 months 1951 55 and 8 months 1952 55 and 10 months 1952-1964 56 1965 56 and 2 months 1966 56 and 4 months 1967 56 and 6 months 1968 56 and 8 months 1969 56 and 10 months Minimum Retirement Age (MRA) 57 According to the U.S. CBP, Here is a chart for Minimum Retirement Age (MRA) Exploring Alternative Retirement Plans Under both FERS and CSRS, employees can use several pathways to retire before the minimum retirement age. Specifically, federal employees can retire early through one of three situations: If you want to learn more about these options, it’s best to contact a federal employment attorney. Is There a Mandatory Retirement Age for Federal Employees? Generally, no. Mandatory retirement ages exist only for federal law enforcement officers and firefighters. Regardless of whether they are under FERS or CSRS, both law enforcement officers and firefighters have to retire at age 57, assuming they have 20 years of service. That said, an agency head can choose to allow a law enforcement officer to serve until 60 if the agency head finds that the employee’s service benefits the public interest.  Ready to learn more about achieving early retirement? Reach out to us today and let’s explore your questions together! It can be overwhelming to figure out your best options for retirement. And your agency’s human resources department may not have the answers you need. If you want accurate legal answers rather than vague responses and bureaucratic red tape, contact an experienced federal employment attorney. With the right legal counsel, you can get a clear picture of your retirement options and prepare your next steps. Our team at the Federal Employment Law Firm of Aaron D. Wersing is 100% committed to serving federal employees and making their lives easier. Our goal is to make it as easy as possible for our clients to reach their retirement goals and enjoy life after the federal government.  We recognize many people think you need large amounts of cash on hand to even speak to an attorney. That couldn’t be further from the truth. We care about you and your story, set up your consultation today by calling us at 1-866-612-5956. You can also contact us online. 

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