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:
- Meet minimum service requirements. You need at least 18 months of creditable civilian service in a FERS position to qualify for disability retirement.
- Demonstrate a service deficiency. Your condition must cause a deficiency in performance, attendance or conduct.
- Exhaust all reasonable accommodations. Your medical condition cannot be accommodated and you have not declined an offer of a reassignment accommodation to a position which you are qualified for, is at the same or greater pay, and in a similar commuting area.
- Have a condition that lasts at least 12 months. Short-term issues don’t qualify—you must show your condition is expected to last at least a year.
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 records from all doctors treating your condition;
- Diagnostic test results, such as MRIs, CT scans, and lab reports; and
- A physician’s statement detailing how your condition impacts your ability to work.
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.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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