Federal employment is a distinguished career path, offering stability and a sense of purpose. However, chronic illness or injury can sometimes make it impossible to continue performing your job, leaving you in a difficult position. If you are a federal employee facing a long-term medical condition, understanding your options is crucial, especially as the year-end approaches. Considering federal disability retirement might be the right step for you.
Here are some compassionate and professional signs that indicate you might need to explore federal disability retirement.
Your Medical Condition Prevents You from Performing Your Job Duties
The most direct sign is when your medical condition, whether physical or mental, prevents you from performing the essential duties of your position. This isn't about having a bad day or a temporary illness. It's about a condition expected to last at least a year and fundamentally impacts your ability to meet the requirements of your job, even with reasonable accommodations. The law requires you to show that you cannot perform your job in a way that is satisfactory to your employer.
You Have Exhausted All Leave Options and Accommodations
If you've used up most of your sick and annual leave, or if your agency has tried to accommodate your condition without success, it may be time to consider disability retirement. The process for federal disability retirement requires that you apply before your federal employment ends or within one year of separation from federal service. If you are consistently taking leave without pay or facing a reduction in your performance ratings due to your health, seeking legal counsel for disability retirement can be a timely and important decision.
Your Agency is Pursuing a Performance-Based Action Against You
If your agency is considering a performance-based action against you, such as a Performance Improvement Plan (PIP) or other disciplinary measures, and you believe it's because your medical condition affects your performance, it's a significant red flag. Pursuing a disability retirement claim can be a proactive step to protect your career and financial future. A successful disability retirement application can provide a steady income and health benefits, allowing you to focus on your well-being without the added stress of workplace conflict.
Your Doctors Have Documented Your Condition and Prognosis
A strong federal disability retirement case hinges on robust medical evidence. If your doctors have thoroughly documented your diagnosis, the limitations it imposes on your ability to work, and the long-term prognosis, you have a solid foundation for a claim. Medical documentation should clearly explain why you cannot perform your job and what limitations you face. This evidence is critical for navigating the Office of Personnel Management (OPM) application process.
You Have at Least 18 Months of Federal Service
To be eligible for federal disability retirement, you must have completed at least 18 months of creditable civilian service. This is a foundational requirement. If you meet this criterion and are experiencing any of the above signs, you are on the right path to exploring your options.
Federal Disability Retirement Lawyers Ready to Help
The decision to apply for federal disability retirement is a significant one. It requires careful consideration and a thorough understanding of the legal and administrative process. The path can be complex, and a misstep could jeopardize your benefits.
For over 30 years, The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC has been a steadfast advocate for federal employees nationwide. Our firm is prepared to guide you through every step of your federal disability retirement case.
To discuss your specific situation and see how we can assist you, contact us today at (202) 350-3881.