how to find the best federal employee disability lawyer

by Olen Luettgen II 10 min read

Do your homework: Ask former Federal employees who have already successfully filed for Federal Disability Retirement benefits (nothing can beat a personal recommendation); consult with an honest union steward; and research for the best attorney in the field.

Full Answer

How do I find a federal disability retirement attorney?

You can find federal disability retirement attorneys by doing a "Google" or "Yahoo" search on "federal disability retirement attorney" or contact a disability attorney from our lawyer directory. You may also be able to find lawyers by talking to friends who work for your federal agency. 2. Make Sure to Hire a Licensed Attorney. There are many attorneys and many non-attorneys that …

Why hire a federal employment attorney for disability retirement?

Feb 26, 2021 · "Best Federal Disability Lawyer" - Federal Disability Attorney. Not of the unwanted fungus type, growing as an organic filament in damp conditions; but of the other definition where the hollow of the inverse image is created and a liquid is poured into it, left to harden, then to lift, leave aside and discard in order for the formed creation to survive.

Do I need an attorney to apply for federal disability benefits?

Jun 01, 2020 · Be smart. Hire the best Federal Disability Lawyer you can find. Do your homework: Ask former Federal employees who have already successfully filed for Federal Disability Retirement benefits (nothing can beat a personal recommendation); consult with an honest union steward; and research for the best attorney in the field.

Should I hire an attorney when OPM denies my disability claim?

Dec 19, 2018 · Good and competent Federal Disability Retirement lawyers should not have positive reviews only in their own websites and social media profiles — as anybody’s relatives, friends, and colleges can write excellent reviews as a favor; but instead, you should ask for feedback from former clients. You may also search for precedent-setting court decisions that …

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How do you win federal disability retirement?

1. You must have completed at least 18 months of Federal civilian service which is creditable under FERS. 2. You must, while employed in a position subject to the retirement system, have become disabled, because of disease or injury, for useful and efficient service in your current position.

How long does OPM disability last?

Under the FERS benefits system, disability retirement annuitants will receive the benefit until they reach age 62, at which point they will involuntarily transfer to the normal pension benefit.Oct 12, 2021

How does OPM figure back pay for disability?

For the first 12 months of your eligibility for FERS disability retirement benefits, your gross benefit is 60% of your high-3 minus 100% of any Social Security Disability benefits you receive. To determine the monthly benefit, divide the total annual amount by 12.Apr 16, 2020

How does FERS disability retirement work?

FERS payments: The federal disability retirement will pay them 60% of their High 3 average earnings the first year and 40% of their High 3 every year after until they reach the age of 62. A regular earned annuity for FERS employees is calculated at 1% per year of service.

Can I work while on OPM disability?

If you are under age 60, you can earn income from work while also receiving disability retirement benefits; however, your disability annuity will stop if the Office of Personnel Management (OPM) determines that you are able to earn an income which is close to what your earnings would be if you had continued working.

How often does OPM review disability?

OPM may request that a disability annuitant submit detailed medical evidence and/or undergo reexamination annually until the annuitant reaches age 60 to show that the annuitant's condition continues to be disabling.Oct 30, 2020

How long does OPM take to process disability?

How long will it take to process my federal retirement application? It takes around 60 days (2 months) to process applications for common cases.

How long does it take for OPM to approve disability 2020?

Once you submit your OPM disability application, you will need to wait an average of six to twelve months for the application to be processed and receive a decision.Feb 5, 2021

What happens to my FERS disability when I turn 62?

Recomputation—At age 62, a person who is collecting FERS disability payments has their retirement annuity recalculated. This means that the disabled person would have their annuity recalculated to include service credit for the time since disability until age 62 for their annuity.

Is it better to go on disability or retire?

In most cases, it is better to receive disability benefits until you reach full retirement age. If you collect early retirement, your benefits are permanently reduced. If you receive SSDI payments until you reach full retirement age, there is no permanent reduction in your retirement benefits.

What is permanent disability retirement?

Permanent Disability Retired List. If your disability is found to be permanent and is rated at 30 percent or greater, or you have 20 or more years of service, you will be placed on the Permanent Disability Retired List (PDRL).

Is disability retirement more than regular retirement?

A. FERS disability retirement provides the greater benefit, even for employees with as many years as you have. Note: If you file for FERS disability retirement, you must also file for Social Security disability benefits.Jan 28, 2014

How long does a disability last?

This means you are unable to do a major part of your job. And your disability must be expected to last at least 12 months from the date you file your application.

What to do if denied unemployment benefits?

If you are still denied benefits, you may then go to federal court to ask for relief. You must be aware of all deadlines, as missing one could destroy a valid case. Retaining an attorney to help you through the process — from the first application — helps to ensure the application and subsequent processes go smoothly.

When did the FERS replace the CSRS?

The Federal Employees Retirement System (FERS) replaced the Civil Service Retirement System (CSRS) in 1987. However, you may be covered by CSRS if you started working for the federal government prior to that year. We will help you determine which system covers your disability retirement benefits.

How long does it take to get a FERS reconsideration?

If you are denied benefits under FERS, you may file a reconsideration within 30 days. When you file for the reconsideration, be sure to add any new or updated information that could help your case. If your request for reconsideration is denied, your case must go before the Merit Systems Protection Board. An administrative law judge or judges will review and decide your case.

Does disability matter?

The cause of the disability doesn’t matter, only that it prevents you from doing your job. For example, if workplace stress caused a mental or physical condition, it doesn’t matter. What matters is that the condition the stress caused prevents you from doing your job.

What is federal disability retirement?

Federal Disability Retirement involves a complex bureaucratic process involving many stages and many obstacles. Because of its inherent complexities, it is important to consult with a lawyer who specializes in Federal Disability Retirement Law in order to give you the best chance of success.

How to contact OPM?

If any Federal employee is contemplating filing for OPM Disability Retirement, he or she should contact me at 1-800-990-7932. You may also E-mail me at federal.lawyer@yahoo.com. Thank you. Robert R. McGill, Esquire.

What is OPM in the US?

OPM — the acronym standing for the “U.S. Office of Personnel Management” — is the Federal Agency which receives and reviews all disability retirement applications filed by a Federal or Postal employee under the Federal Employees Retirement System (FERS) or the older system of CSRS. OPM Disability Retirement is a benefit granted to all Federal ...

1. Start Your Search Early

You don't have much time to make the decision to hire an attorney when OPM denies your claim for federal disability retirement. Research attorneys early, and, at the very least, have a list of attorneys that you will call when you decide to make the decision to hire an attorney.

2. Make Sure to Hire a Licensed Attorney

There are many attorneys and many non-attorneys that handle disability retirement claims. There is no rule that the advocate you hire must be an attorney. However, you can't get representation fees reimbursed by the MSPB (Merit Systems Protection Board) if you hire a non-attorney.

3. Talk to More Than One Attorney

There are a few reasons that I recommend investing the time and money on two to three consults with different attorneys for federal disability retirement claims for FERS/CSRS employees. Attorneys' styles are different; our approaches to cases are different; and our interactions with clients are different.

4. Confirm Your Attorney's Experience

If you need to appeal a denial, an attorney who handles federal disability retirement claims before OPM, but who has never represented employees before the MSPB, is like a car without wheels.

5. Prepare for Your Initial Meeting With Potential Attorneys

If you are hiring an attorney to help you apply to OPM for federal disability retirement, you should be prepared to provide a copy of your position description, your most recent SF-50, and any medical records that you have available.

6. Be Candid and Open About Attorneys Fees

There are many good attorneys who handle federal disability retirement applications and applications. Unlike attorneys who help with Social Security disability claims, all of us charge different types of fees. Those fees can be fixed fees, hourly fees, monthly fees, and so on.

OPM Disability Retirement: Accommodations

While I am often asked about the intersecting connection between the ADA (Americans with Disabilities Act) and Disability Retirement laws under FERS & CSRS, and the issue of accommodations, my short answer is that the two areas of law rarely directly intersect.

OPM Medical Retirement Laws: Confirmation and Affirmation

Lola Hello Mr. McGill, I am an injured former employee. I was requested to go on OWCP no other work or mail was to be processed I worked five year for USPS 1985 -1990 when I was on the CSRs retirement system. When again was hired for 1998-2009 and still receiving OWCP. I hope I am entitled to the best retirement that I shall receive more money.

Best OPM Disability Retirement Lawyer: Discretion in a Response

When a Federal Disability Retirement applicant under FERS or CSRS receives an unfavorable response from the Office of Personnel Management (translated: an initial Denial), you have the right (which must be asserted in order to move forward in the future, i.e., to the MSPB and beyond) to file a Request for Reconsideration.

Recurring Issues of Disability Accommodation, Light & Limited Duty, and the Form Filling of the OPM SF 3112D PDF File

The issue of Agency Accommodations — whether or not an agency can truly “accommodate” an individual; what constitutes a legal accommodation as opposed to temporary light-duty arrangements which do not constitute legally viable accommodations under the standards as expressed in Bracey v.

Federal EEO Complaints

The stakes are high for federal employees facing discrimination or harassment at work. This is not an exaggeration, nor overblown rhetoric. Put simply, many federal employees are long-time civil servants, dedicated to the mission of the agency in which they serve.

Exemplary Job Performance May Not Be Enough to Avoid a Hostile Work Environment

The agency’s justification for its adverse action must match the circumstances. Frequently it does not. It is our job at Snider & Associates to prove how and why.

What Is The Process For Filing a Federal Discrimination Complaint?

Scientists, subject matter experts, administrators, truck drivers – anyone who has made a career of serving the American people by working for the federal government – are not insulated from the pressures of discrimination at work.

Who is the Devadoss law firm?

The Devadoss Law Firm, P.L.L.C., represents federal government employees throughout the United States in labor and employment matters. We defend federal workers facing disciplinary action or termination and we assert their legal rights and remedies relating to discrimination, harassment, retaliation, work injuries and other employment issues.

Who is Bobby Devadoss?

Trial lawyer Bobby Devadoss has handled federal employment matters throughout his career. He formerly worked for the Federal Labor Relations Authority (FLRA) and later took a position with the Federal Aviation Administration (FAA) before starting his own law firm.

How long does it take to retire from the federal government?

Federal employees commonly spend their entire careers in public service, retiring after 20, 30 or 40 years with an agency. We understand how devastating it is to face termination, demotion or denial of security clearance after years of hard work and devotion.

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FERS and CSRS

Qualifications

Does The Cause of The Disability Matter?

Applying For Federal Disability Retirement

Appeals

Contact A Federal Disability Claims Lawyer

  • If you are ready to apply for federal disability retirement benefits or if you have been denied benefits, contact Morgan & Morgan for assistance. We have a proven track record and extensive experience, so having our lawyers by your side means you’ll be getting the best possible service and results. If we move forward with your case, we’ll assign you a full legal team, including attor…
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