Representing Federal Employees in Disability Retirement Cases Since 1999

Our OPM disability retirement lawyers represent federal employees nationwide. We have been very successful in representing our OPM disability retirement clients since 1999. One of the different approaches that our firm takes is that lawyers handle most of the tasks directly in each case. Our lawyers guide you through the entire federal disability retirement process with OPM. For 25 years, we have gathered a lot of experience representing those seeking disability retirement. This experience helps our attorneys understand the unique issues in dealing with OPM.

Disability Retirement is a Complex Process – Get Advice

We know that disability retirement applications and appeals before the Office of Personnel Management (OPM) can be a complex process. OPM is the federal agency that will ultimately rule on disability retirement eligibility. Many federal employees come to us with significant health problems and need help understanding the process. We are experienced in handling these cases. Disability retirement is an option for federal employees whose disability prevents them from performing the duties of their position.  The disability doesn’t need to be related to an on-the-job injury. This is a common misperception. Also, receiving disability retirement doesn’t mean that a federal employee cannot seek employment again. Many federal employees receive disability retirement and obtain other employment.

You must typically file a disability retirement application no later than 1 year from the date of a federal employee’s separation from employment.  We advise our clients to file for disability early due to the strict filing deadlines. If disability retirement is ultimately approved, an individual is still generally permitted to maintain other, non-federal employment, subject to an 80% earnings limitation. Disability retirement can be terminated by OPM only under certain conditions which rarely occur. If you are considering disability retirement, it is important to speak with an experienced federal retirement lawyer to seek guidance.

Filing for OPM Disability Retirement

You may qualify for disability retirement when you are unable to perform your regular work duties. The first step in filing for OPM disability retirement is to confirm that a federal agency cannot accommodate the employee in another position. Also, there is a requirement that the disability involved must be expected to last for at least a year. It is important to obtain the assistance of medical professionals who will provide the key documentation needed for the approval process. We work with your doctors and medical professionals to help obtain the documentation needed for a strong application.

You can initiate the disability retirement process while you are still employed or after you have been separated. Our OPM disability retirement attorneys assist federal employees in the preparation of their disability retirement applications and exhibits. We often work with an individual’s federal agency to help facilitate disability retirement applications when a federal employee is still working. We also represent the individual before OPM in preparing the disability retirement application for submission. We understand the information that needs to be presented to show OPM that you deserve disability retirement.

Typical Disability Retirement Requirements

1. You have 18 Months (FERS) or 5 Years (CSRS) of service.
2. The federal employee cannot perform the duties of their position due to a disability.
3. A disability is expected to last at least 1 year.
4. There is no possible accommodation from your federal agency.
5. The disability retirement application must be filed while employed or within 1 year of separation from employment.
6. You must apply for Social Security disability benefits.

OPM Reconsideration and MSPB Appeals

Our lawyers also represent federal employees in appeals before OPM when retirement requests have been initially denied. Many individuals come to us after having been denied disability retirement by OPM. We represent these individuals in reconsideration requests before OPM and MSPB appeals. In such cases, it is important to act quickly. It is often important to quickly obtain additional documentation in support of the disability retirement application.  Typically, there is a 30-day window in which to submit additional documentation or evidence to OPM when requesting reconsideration of OPM’s initial decision.  In cases where OPM has denied a disability retirement application following reconsideration, we represent federal employees in disability retirement appeals before the Merit Systems Protection Board.

We Can Help

We are here to help federal employees and are very experienced in handling all aspects of the OPM disability retirement process. Please contact our firm to schedule a consultation with one of our disability retirement attorneys to discuss your OPM disability retirement.