Apr 18, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Anticipated Pay Raise for Federal Workers in 2024

As the end of 2023 rapidly approaches, millions of government workers wonder what the federal pay raise will be for 2024. The federal pay raise in 2024 will likely be 5.2% for most government workers. However, certain contingencies may make it higher or lower. Read on to learn about the federal pay raise in 2024, including its effective date and the effect of the continuing resolution. Understanding How Federal Pay Raises Work To explain the upcoming pay raise, we need to explore the history of the federal pay raise process. According to various sources, federal employee pay has lagged behind the private sector for decades. In 1990, Congress passed the Federal Employees Pay Comparability Act (FEPCA). This law aimed to close the pay gap between federal employees and their private-sector counterparts. It employed several mechanisms to achieve this balance. For one, it established locality pay so employees in higher-cost areas could receive additional pay. FEPCA also mandated an annual survey of private-sector pay to compare with federal salaries so that federal income continued to match the market. Critically, FEPCA states that federal pay will automatically increase to match private-sector pay unless the President proposes a different pay raise amount because of an “economic emergency.” Congress can either alter the President’s proposed raise or remain silent, allowing the President’s proposal to take effect. Ever since FEPCA took effect in 1994, every president has annually used a minor provision within the law to prevent federal pay from fully catching up to private-sector pay. Specifically, the President claims that an “economic emergency” affecting the general welfare dictates implementing a different pay increase. Congress generally defers to this claim. Why the Federal Pay Raise in 2024 Will Likely Be 5.2% With inflation raging in 2023, several members of Congress introduced the FAIR Act, which would have raised federal worker pay by 8.7%. However, Congress has failed to act on the bill and seems unlikely to do so in the near future. President Biden announced a 5.2% average pay raise for federal employees in August. This pay raise consists of a 4.7% increase for all federal employees and an approximately 0.5% increase in locality pay. A few employees may get slightly more than this amount because the Office of Personnel Management (OPM) is creating several new locality areas. The effective date for the federal pay raise in 2024 is January 14th. This pay raise year’s scheduled salary rate is applicable, excluding the locality-based comparability payment. What’s the Relationship Between the Federal Pay Raise in 2024 and the Current Continuing Resolution? Given the recent dysfunction in Congress regarding the continuing resolution, many government employees wonder how the budget situation will affect their pay raise. The good news is that the continuing resolution will not affect the government employee pay raise. This is because the continuing resolution is effective until late January 2024. Furthermore, the resolution does not discuss the federal pay raise, so President Biden’s proposed raise will probably occur. However, the situation after the new year is still unclear. The continuing resolution funds part of the government until January 20, 2024, and another part until February 3, 2024. What occurs after that time is anyone’s guess. If a shutdown occurs, most government employees will likely see a temporary loss of pay. Is There a Federal Pay Raise 2024 Calculator? Several online calculators help you predict your pay rate in 2024. That said, you can easily calculate your 2024 pay by multiplying your current pay by 1.052. You can multiply it by 1.087 to understand how your pay under the proposed FAIR Act would compare. Am I in a Locality Pay Area? As of 2024, the country will have 54 locality pay areas. These include the following areas: Most major cities have their own locality pay area. The highest locality pay is currently the San Jose-San Francisco-Oakland, CA area. Questions About Your Federal Pay or Benefits? We Can Help. Federal pay is a surprisingly tricky topic to understand. Yet, it pales compared to other federal employment issues like disability, retirement, employment discrimination protections, and Title 38 rights. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we love helping our clients make sense of their rights and responsibilities. We practice exclusively on federal employment issues, so we have ample experience deciphering even the most complex topics. Give us a call today, or get in touch with us to set up an initial consultation.

Apr 18, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Top Reasons Security Clearances Get Denied or Revoked

Obtaining and maintaining a security clearance is necessary for most federal positions. If you are a current federal employee, losing your security clearance is the easiest way to lose your federal career entirely. And for those who are applying to the federal service, having several public trust clearance disqualifiers on your record can torpedo even the most promising CV. As the old saying goes, “a penny of prevention is worth a pound of cure.” Taking a few moments now to understand how security clearances can be threatened may provide you with vital information later on. We’ll explore the four most common reasons security clearances get denied or revoked so you can succeed where others have failed. For those who have already made some of these mistakes, we will also touch on how you can mitigate their effects. If your employer is threatening to take away or revoke your security clearance, do not wait. Contact a federal employment lawyer immediately. Reason #1: Drug Use Drug use has consistently been the most common reason for security clearance revocation or denial. Since the 1980s, the federal government has applied a “zero tolerance” drug use policy in the workplace despite the legalization of some drugs in several states. In the past few years, many federal employees have lost their security clearances for using marijuana even though doing so was perfectly legal in the state they were working in. Several specific drug-related conditions that can cost you your security clearance include: There are a few ways you can mitigate drug involvement issues: You can also help mitigate a drug involvement issue by collecting positive character references from friends, former coworkers, and others who know you well. A qualified employment attorney can also help you manage drug-related security clearance issues. Reason #2: Personal Conduct The government’s definition of “personal conduct” is any general conduct involving “questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules” that could indicate a person might not protect classified information. This is a broad definition that encompasses many different types of conduct and behavior. Some examples of concerning personal conduct include: You can mitigate these concerns by showing that: Of course, cooperating fully with security clearance personnel from the beginning is the best way to avoid running afoul of the personal conduct rule. If you are concerned about how to answer certain questions on a security clearance form, you should consider consulting with an attorney before submitting your responses. Reason #3: Financial Issues For this category, the government is concerned about people who have made questionable financial decisions, obtained money from unknown sources, or who are desperate for money. More specific conditions that may endanger your security clearance include: It’s also important to disclose all of your sources of income, especially if you have a nice car and house. Otherwise, the government may suspect you derive some of your income from unethical or criminal enterprises. Reason #4: Foreign Influence A major concern for the government is ensuring that all federal employees are only loyal to the United States. Dual citizenship or other factors which suggest allegiance to another country are problematic for obtaining a security clearance. You may have your security clearance revoked if you: To mitigate these issues, you can: Finally, make sure that any connections you have with citizens of other countries are casual and infrequent. Secure Your Future: Expert Legal Aid for Protecting Your Security Clearance At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are passionate about defending your rights as a federal employee, and we are committed to maximizing your chances of having a successful and productive federal career. We can represent you at every stage of the security clearance process and will go to great lengths to collect evidence that shows you are worthy of a security clearance. Over the years, we’ve represented countless federal employees in security clearance cases. Thanks to our services, many people have been able to save their security clearance. We have also helped people with checkered pasts meet the requirements for a secret security clearance. Although many people worry about the costs of hiring a lawyer, we do not want to let money prevent you from protecting your future. Reach out to us today by calling 866-298-1488 or online for help with your federal employment security clearance issues.

Apr 16, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Is OPM Federal Disability Retirement Considered Earned Income?

In the right circumstances, federal employees can qualify for disability retirement benefits through the U.S. Office of Personnel Management (OPM). OPM retirement disability provides regular payments to those who qualify, leading to a natural question come tax season: is OPM disability retirement considered earned income? If so, for what purposes is retirement earned income? OPM disability retirement is generally not considered earned income. However, your retirement disability benefits may qualify as earned income if you receive them before the relevant minimum retirement age. Working for the federal government places you in the heart of bureaucracy. If you need assistance determining whether you qualify for OPM disability, applying for benefits, or understanding your obligations, the Federal Employment Law Firm of Aaron D. Wersing PLLC can help. Our practice focuses on federal employment, making us proficient in guiding our clients through layers of bureaucracy. How Does OPM Disability Retirement Work? You can qualify for OPM’s disability retirement at almost any age if: If you apply for benefits and are approved, your payments follow the OPM disability retirement pay schedule. If you are under 62 for the first year, your benefits are calculated based on 60% of your high-3 average salary minus 100% of your Social Security benefits. Until your 62 birthday, if you continue to qualify for benefits, you follow an alternative calculation—40% of your high-3 average salary minus 60% of your Social Security benefits. If you are under 60, your OPM disability retirement benefits can terminate if you: You are restored to earning capacity if your income meets or exceeds 80% of your pre-disability earnings. If you lose your benefits because you exceed the income limits, they can be reinstated if you dip below $80,000. If you lose your benefits because you medically recover, you may reinstate your benefits if your disability recurs and you do not exceed the earnings limitations. Is OPM Disability Retirement Considered Earned Income? Whether your OPM disability retirement benefits are treated as earned income depends on context. Generally, earned income comes up in the context of taxes and continuing to qualify for benefits. What Is Earned Income for Tax Purposes? Earned income is a tax-related term, particularly related to the Earned Income Tax Credit (EITC). Individuals with low to moderate income can claim the EITC to reduce their tax burden. Earned income generally includes: This last category comes into play for federal disability retirement. When Is OPM Disability Earned Income for Tax Purposes? Disability benefits are considered earned income if you receive them before you reach the minimum retirement age set by your employer. The federal service sets many different ages related to retirement, including what OPM refers to as the minimum retirement age (MRA). Despite OPM using the same term, your MRA for OPM voluntary or deferred retirement benefits is not the minimum retirement age for disability benefits. Instead, the IRS defines the minimum retirement age as the youngest you could be and still receive disability benefits if you were not disabled. For OPM disability benefits, this age is 62. Before you turn 62, OPM disability benefits count as earned income. What Is Earned Income for the Disability Earnings Survey? OPM regularly checks to see if those receiving disability retirement benefits continue to qualify by sending out a Disability Earnings Survey. If you are under 60, you must show you have not earned 80% or more of your pre-disability earnings. OPM does not consider disability retirement benefits earned income. If you are required to complete a Disability Earnings Survey, do not report your disability retirement benefits as income. We Can Help If you are struggling to understand your options and responsibilities under OPM federal disability, the Federal Employment Law Firm of Aaron D. Wersing PLLC can help. We have years of experience cutting through and simplifying the federal bureaucracy.

Apr 16, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Will You Be Penalized for Retiring Early as a Federal Employee?

With the freedom retirement brings, many of us look for ways to retire earlier. Others retire early due to a change in circumstances. As a federal employee, early retirement may be available depending on your age and years of service. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC to discuss retiring early from federal service. Our firm focuses exclusively on issues related to federal employment, so you can rely on our experience to guide you as you consider or plan for early retirement. What Are Your Retirement Options? The Federal Employees Retirement System (FERS) covers federal employees who started working for the government on or after January 1, 1987. Under FERS, you have several retirement options, including: Your eligibility depends on your years of service and whether you have met the minimum retirement age (MRA). Minimum Retirement Age Your MRA depends on what year you were born: When you retire at your MRA, you typically forfeit part of your benefits. Voluntary Retirement You can voluntarily retire when you meet the requirements of the table below: Minimum Age Minimum Years of Service 62 5 60 20 MRA 30 (without penalty) MRA 10 (with penalty) You can also voluntarily retire under special provisions for military personnel, emergency services, or air traffic controllers at any age with 25 years of service or age 50 with 20 years of service. Early Retirement You can receive early retirement if a significant percentage of your agency’s employees will be separated or have their pay reduced because your agency is undergoing a: Your agency head must also request the U.S. Office of Personnel Management (OPM) issue a Voluntary Early Retirement Authority (VERA). You can qualify for early retirement at any age with 25 years of service or age 50 with 20 years of service. Otherwise, you typically qualify when you reach age 62. Disability Retirement You can qualify for disability retirement if: You can apply at any age, but if you are under 60, your benefits can stop if you medically recover or return to work. Deferred Retirement Former federal employees can qualify for deferred retirement if they: You can meet the service requirements if you arrive at your MRA and have ten years of service or turn 62 with five years of service. Phased Retirement Under phased retirement, you work part-time and receive partial benefits over several months to years. Phased retirement can be an effective option for many who want to space out the retirement process. Are There Penalties for Retiring Early? Depending on the type of retirement, your benefits may be reduced if you retire before age 62. Specifically, if you take voluntary retirement at your MRA with ten years of service, your annuity is reduced by 5% each year you are under 62. If you take deferred retirement based on reaching your MRA and having ten years of service, your annuity is reduced by 5% for each year and 5/12 of 1 % for each month under age 62. Can You Avoid the Early Retirement Withdrawal Penalty? If you voluntarily retire early, you can postpone receiving benefits to reduce or avoid the penalty. If you postpone: The closer to age 62 you start receiving benefits, the smaller the penalty. Speak with a Federal Employment Attorney If you are a federal employee, early retirement can be a great option. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today to discuss whether early retirement may work for you and help you start planning.

Apr 16, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

How Are Federal Employees Affected by a Government Shutdown?

Working for the federal government comes with many benefits. Unfortunately, it also comes with a unique detriment: the threat of a government shutdown. As of spring 2024, the risk of a shutdown looms large for many federal employees. For most of the American public, a government shutdown is a nuisance. For federal employees, a government shutdown means uncertainty and a vastly different day-to-day life. The Federal Employment Law Firm of Aaron D. Wersing PLLC focuses on issues affecting federal employees. Contact our team today if you are a federal employee concerned about a potential government shutdown. Why Does the Federal Government Shut Down? The U.S. government comprises the executive, legislative, and judicial branches. The legislative branch, Congress, is responsible for the government budget through appropriations bills. Government shutdowns occur when Congress fails to pass a new budget before the previous budget expires. In recent years, shutdowns have typically resulted from political division and have lasted for several days. The longest occurred between December 2018 and January 2019, when the government shut down for 35 days. What Does a Government Shutdown Mean for Federal Employees? Not every federal agency is affected the same way during government shutdowns. Agencies receiving congressional appropriations funding may receive severely curtailed or virtually no funding. Agencies with other sources of funding can continue regular operations. During this time, some employees continue working, others do not, and paychecks may be slow to arrive or not arrive at all. What Happens to Employees During a Shutdown? Most nonessential personnel do not work during a shutdown. By law, only excepted personnel continue working. Excepted employees include: Individual agencies may have a list of employees who should continue reporting to work and those who should not. The government furloughs employees who do not continue working. A furlough temporarily releases an employee with the intention that the employee returns to work once funds are available. Furloughed employees cannot work, even by volunteering time. If you are furloughed, your agency should provide you with Form SF-50 or a similar form. The form should provide details about the effective furlough date, your position and pay, and any important facts about your agency. You should also receive Form SF-8, which is needed to apply for unemployment. Do Federal Employees Get Paid During a Government Shutdown? Federal employees generally do not get paid during a government shutdown, with some exceptions. Furloughed employees, who are forbidden to work, receive no compensation. Even among those employees who are required to work, some also do not receive paychecks or receive only partial payments. In every previous shutdown, once the shutdown ended, Congress compensated employees for their work through backpay. However, many employees struggle with not knowing when a paycheck will arrive while still being expected to attend work. Navigating what to do when you receive partial payments can be complicated, inspiring an Office of Personnel Management (OPM) memo in January 2024. Regardless, excepted employees do not qualify for unemployment even if they do not receive regular paychecks. How Can Federal Employees Receive Compensation During a Shutdown? If you are furloughed during a government shutdown, you likely qualify for unemployment payments through the Unemployment Compensation for Federal Employees (UCFE) program. If you are an excepted employee, you do not. Under UCFE, furloughed employees can apply for unemployment compensation through their state’s unemployment program. You can locate the appropriate office to apply online. If you live or work in Washington, D.C., you may need to file through its Office of Unemployment Compensation. When you apply, you will need to provide your: File quickly to ensure there are as few gaps in your pay as possible. Prepare in Case of a Shutdown In the politicization of the modern era, government shutdowns have become more common. Among federal employees, a government shutdown looms large in 2024. Understandably, many want to prepare for the risk of a shutdown. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today to learn how we can help you prepare for a potential shutdown and avoid going without pay.

Mar 18, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

OPM Processing Time for Federal Disability Retirement Application

There are many unique benefits to working for the federal government, including retirement options. Yet, some tradeoffs come with these programs, including a sluggish pace that often plagues bureaucracies. Federal disability retirement through the U.S. Office of Personnel Management (OPM) is among those unique benefits federal employees can get, but delays complicate the process. The average OPM processing time for all retirement applications is only one to two months. Yet, OPM federal disability retirement applications frequently take six months to a year. If you need help applying for federal disability retirement or dealing with OPM retirement processing delays, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC. Our firm focuses on federal employment, so we know how to cut through the layers of federal bureaucracy. How Do You Apply for Federal Disability Retirement? If you believe you qualify for federal disability retirement, you can apply two ways. First, you can apply through your agency if you are still employed there. If you are no longer employed at the agency, you apply directly with OPM. You must apply within one year of separating from federal employment to receive benefits. Qualifying for Federal Disability Retirement To qualify for federal disability retirement, you must: Your agency must also certify that it cannot accommodate your disability. Although you need not reach a specific age before applying for FERS disability benefits, your age may affect your benefits. Until age 60, your benefits may end if: Additionally, OPM may require you to attend periodic medical exams to confirm you are still disabled. Applying for Federal Disability Retirement When you apply for FERS disability benefits, you must also apply for social security disability benefits. In addition, your federal disability retirement application must include Forms SF 3107, Application for Immediate Retirement, and SF 3112, Documentation in Support of Disability Retirement. Form SF 3112 includes several parts to be filled out by different people, including: Coordinating the pieces of SF 3112 can be challenging, especially if you no longer work for the agency. If you are running up on the one-year application deadline, you can submit Forms SF 3107 and 3112A and provide contact information for the individuals to complete the other portions of Form 3112. How Can You Make the Process More Efficient? The most effective way to ensure your OPM disability retirement application is processed as quickly as possible is to follow the application instructions carefully. Once your application is out of your hands, you have little control over processing delays. To the extent possible, review the information and documentation provided by others on Form SF 3112. Sometimes, you can identify mistakes or errors and have them corrected before the application reaches OPM. Because getting OPM federal disability retirement depends on the effect of your disability, it is particularly essential to ensure your physician provides detailed information. Many agencies will instruct you on which doctor or doctors to see, and you may be unable to go to your primary care physician. It can be complicated to trust employer-recommended physicians in the same way as your primary care doctor, but ensuring the information the signing doctor provides supports your claim is crucial. Get Help Filing Your Disability Retirement Application Requesting disability retirement on your own can lead to missteps that drag out the process. With the help of the Federal Employment Law Firm of Aaron D. Wersing PLLC, you can submit an application that is as complete as possible. We can guide you through what to include and how specific to be. We can also help you verify that the others involved in SF 3112 are providing the support you need for your application. Contact us today to learn more.

Mar 18, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Can You Lose Federal Retirement Benefits for Disciplinary Actions?

Federal employees enjoy many competitive benefits with the government, including a generous retirement package. However, if you are a federal government employee facing possible disciplinary actions, then you may be understandably concerned about your federal retirement benefits. How do disciplinary actions affect your retirement benefits? The good news is that most disciplinary actions do not affect your federal retirement. However, there are a few exceptions. The ultimate answer depends on your specific situation and whether you have committed one or more specific federal crimes. That said, if you or a loved one are facing disciplinary actions, then there are other things at stake besides your retirement benefits. Take action immediately. Consult one of our dedicated federal employment attorneys at the Federal Employment Firm of Aaron D. Wersing, PLLC. Understanding the Basics of Federal Retirement Benefits Virtually all federal employees are eligible to receive retirement benefits under the Federal Employee Retirement System (FERS). The FERS retirement package consists of three components. The first part is the Thrift Savings Plan, which is essentially a 401k program that the government administers. You can choose to contribute a portion of each paycheck to your TSP account, and your agency will make a matching contribution. Once you reach a certain age, you can draw on your TSP funds. The second retirement component is the FERS Basic Benefits Plan, a defined benefits plan that takes a part of your pay to guarantee you a monthly retirement pension. Social Security benefits make up the third and final portion of the plan. Your final retirement benefits depend on several factors, including your average pay, years of service, and whether you have a disability. Can My Retirement Benefits Be Interrupted for Disciplinary Action? If you are terminated from a federal job, you are eligible to receive a lump-sum payment for your unused annual leave. Additionally, you may qualify for unemployment benefits in your home state. It’s important to note that most federal employees also have the right to appeal their termination. The Merit Systems Protection Board (MSPB) is a federal agency that allows employees to appeal disciplinary actions that they have received from their employer. The Board also occasionally resolves key questions regarding federal employment law, including issues revolving around federal retirement benefits and disciplinary actions. In Morrison v. Department of the Navy, the Board made clear that federal retirement benefits are “available upon separation from federal service, even when the separation is agency initiated.” Consequently, if you are facing removal from federal service for alleged misconduct, you do not need to resign to “save” your retirement benefits. How Can Federal Employees Lose Their Retirement Benefits? It is very difficult for federal employees to lose their retirement benefits. 5 U.S.C. § 8312 states that you need to be convicted of committing one or more specific crimes for this to happen. Specifically, there are only about 20 crimes that can cause you to lose your federal retirement benefits, including: As you can see, all of these crimes are very serious and rarely occur. So as long as you do not receive a conviction for any of these crimes, your retirement benefits will be safe. What About Federal Employees Outside the Federal Employee Retirement System? FERS covers all employees who began work with the Federal government after 1987. However, Federal employees who began their service before 1987 receive retirement benefits under a different plan, the Civil Service Retirement System (CSRS). Although CSRS offers different retirement benefits to eligible federal employees, you cannot lose those benefits because of disciplinary action except for the reasons stated above. Want to Learn More About How to Protect Your Federal Career? It’s reassuring to know that your federal retirement benefits are safe when you are facing disciplinary action. However, disciplinary actions are still very serious. They can leave a black mark on your career and reputation, lower your income, and jeopardize your job prospects. That said, if your employee is proposing disciplinary action against you, you need to consult a federal employment attorney right away. Here at the Federal Employment Law Firm of Aaron D. Wersing, we take pride in protecting federal employees. We care deeply about the outstanding men and women who serve the government every day. That means we’re committed to helping them defend their livelihoods and careers. If you are facing disciplinary action, we can work with you to build your case and protect your rights. We can also aggressively negotiate with your employer and take action against them for retaliating or discriminating against you. Even if you’re not sure you have a case, come see us right away. Don’t wait. Call 833-833-3529. You can also send us a message online.

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. Comparing OPM Federal Disability and 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.

Feb 28, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Federal Employees & Working Remote

The COVID-19 pandemic started a revolution in how people carried out their work. That revolution extends to the federal government. Federal employees working from home or seeking remote work arrangements are the front-line soldiers of this change. However, changes are occurring so rapidly that it’s difficult to stay ahead of all the developments.Fortunately, our team at the Federal Employment Law Firm of Aaron D Wersing, PLLC, works hard to maneuver through these evolving environments. Our objective is for every federal employee to understand their rights, responsibilities, and opportunities regarding remote work. We’ll cover these issues in this piece. If you have additional questions or are one of the many federal employees seeking remote work, give one of our quality federal employment attorneys a call today. What Is Remote Work, and How Does It Differ from Telework? Remote work is a permanent working arrangement where you work on a full-time basis from an alternative work site rather than an office or traditional workplace. Generally, the remote work location is your home. In a remote work arrangement, your agency cannot require you to report to the traditional worksite on any regular or recurring basis. Furthermore, your remote workplace doesn’t have to be in the local commuting area of your agency’s traditional office. By contrast, telework is a flexible work arrangement where you can perform your duties from an approved alternate worksite, usually on a part-time basis. While you can still use your home as your alternate telework worksite, you have to remain within the local commuting area of the agency’s main office. Are There Remote Work Benefits for Employees in the Federal Government? Absolutely. Remote work offers several benefits for federal employees. These include increased flexibility, reduced commuting time and costs, and a better work-life balance. In addition, it allows employees to design a work environment tailored to their personal productivity preferences. Consequently, remote work employees usually enjoy enhanced job satisfaction and efficiency compared to their teleworking and in-office counterparts. That said, remote work is not a universal benefit or right for all federal employees. Its availability varies from one agency to another. Agencies can also remove existing remote work arrangements for valid business considerations. Which Federal Agencies Allow Remote Work? If you want to learn more, you can visit the website of the Office of Personnel Management (OPM). Remote work for federal employees and related frequently asked questions are discussed in detail on their site. But generally, many federal agencies have embraced remote work to some degree or another, including the Environmental Protection Agency, the Department of Defense, and the Equal Employment Opportunity Commission. However, not all positions or offices have the same liberal attitude toward remote work. Agencies retain the discretion to decide whether to offer remote work options and determine employee eligibility according to performance and operational needs. Due to the quickly changing nature of the attitude toward remote work, there isn’t an exhaustive list of agencies that offer it. You should contact an agency’s human resources department to obtain the most up-to-date information. Can I Request Remote Work As a Reasonable Accommodation? Yes. Federal employees can request remote work as a reasonable accommodation under certain circumstances. First, you must have a qualifying disability under the Americans with Disabilities Act (ADA). Second, you need to show that remote work would help you perform the core duties of your essential position with your limitations. Third, you will have to produce adequate medical documentation to support the need for accommodation. Finally, you must be ready to engage in an interactive process with your employer to determine if remote work is feasible for your agency. Have More Questions About Remote Work? Give Us a Call Today. As the federal workforce continues to adapt to the increasing demand for flexibility and remote work opportunities, federal employees need to stay informed about their rights and the policies governing this type of work within their agencies. Whether you’re exploring the possibility of remote work as a reasonable accommodation or seeking to understand more of the rules surrounding remote work, the Federal Employment Law Firm of Aaron D Wersing, PLLC, is here to guide you. Our expertise in federal employment law positions us to provide unparalleled advice and support as you explore your legal options. Furthermore, we can represent you in a variety of legal situations if your employer violates your rights. Set up an initial consultation with us today by calling us or reaching out online.

Feb 27, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Federal Efforts to Promote Equal Pay for Federal Employees

For decades, the federal government has been a pioneer in the quest for equal pay stands. Its perseverance stands as a testament to the ongoing commitment to gender equality and non-discrimination. But what do these efforts involve? It began with the Equal Pay Act, which required federal employees to receive equal pay for equal work, no matter their sex or gender. This law helped shrink the pay gap from 28% to 11% between 1998 and 2007. More recently, the Biden Administration has taken additional steps to further shrink the wage gap and strengthen the protections of the Equal Pay Act for federal employees. Today we’ll discuss the Equal Pay Act and how it protects federal employees from unequal pay. We’ll also discuss recent actions by the Biden Administration to promote equal pay for federal employees. If you think you are not receiving equal pay because of your sex, contact our team of dedicated federal employment attorneys today. What Is the Equal Pay Act? The Equal Pay Act of 1963 (EPA) stands as the primary federal effort to eliminate the longstanding disparities in pay between men and women. Congress crafted it with one simple intention: to guarantee that federal employees in the same workplace who perform substantially similar work under similar conditions receive equal pay. Rather, agencies must set the pay for federal employees according to seniority, merit, efficiency, or some other factor that does not consider gender. It further states that agencies cannot reduce any employee’s wage to eliminate wage gaps between men and women. The EPA contains several other points: As with Title VII violations, federal employees who suspect that they are not receiving equal pay must contact an EEO counselor at their agency within 45 days of the alleged violation. Remedies under the EPA can include back pay for up to three years before the filing of a charge, liquidated damages, and legal costs. Who Does the Equal Pay Act Protect? The protective reach of the EPA extends to all federal employees. It also extends to all employees who fall under the Fair Labor Standards Act (FLSA). In practice, this means virtually all employment contexts, including private educational institutions, private sector positions, and state and local governments. Furthermore, the EPA implicitly recognizes the new definitions of gender and sex that are currently redefining the federal government. Therefore, employers cannot pay nonbinary individuals different wages. Initiatives by Recent Presidential Administrations Several recent presidential administrations have taken steps to build upon the EPA and further the cause of equal pay. In 2009, the Obama administration galvanized the passage of the Lilly Ledbetter Fair Pay Act. This act resets the statute of limitations on equal pay lawsuits with each discriminatory paycheck, effectively expanding the window for filing complaints. President Obama established the National Equal Pay Task Force as well. This task force aimed to crack down on violations of equal pay laws, improve interagency coordination and data collection, and boost enforcement efforts. More recently, the Biden administration issued a final rule by the Office of Personnel Management prohibiting federal agencies from considering someone’s current or past pay when determining their federal salary. We’re Ready to Help You Advance the Cause of Equal Pay Today. The path to achieving and maintaining equal pay within the federal workforce is ongoing. At the Federal Employment Law Firm of Aaron D Wersing, PLLC, we are determined to assist any federal employee who suffers a violation of the EPA or other federal anti-discrimination laws. We promise to leverage our legal experience to uphold the principles of equality and fairness. If you believe you have been subjected to wage discrimination or if you are seeking advice on ensuring compliance with equal pay laws, do not hesitate to contact us. Together, we can turn the ideal of equal pay for equal work into an enduring reality for the federal workforce.

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