Federal Disability Retirement Lawyers in Washington, D.C.

How To Apply for Federal Disability Retirement

There are four types of federal retirement options:

• Disability. Retiring on disability enables you to obtain Federal Disability Retirement.
• Early Retirement. Individuals must abide by certain guidelines to be able to receive an early retirement.
• Voluntary Retirement. Depending on how old you are when you retire and the number of years of service you have provided to the government, your voluntary retirement benefits will differ.
• Deferred Retirement. If you were originally covered by FERS but have re-entered the federal workforce for some reason, you may be able to receive a deferred annuity at age 62 or the Minimum Retirement Age, receiving benefits thereafter.

The Office of Personnel Management (OPM) works with the personnel at each agency to process annuity (retirement) claims.

To apply for retirement, you must send an annuity application to the OPM. Once the OPM receives the application, it will begin running through a checklist with your agency personnel to ensure you meet the requirements and calculate the benefits you're owed.

Understanding Your Rights: The Importance of Legal Representation

Navigating the complexities of federal disability retirement can be overwhelming. It’s essential to understand that having experienced legal representation can significantly enhance your chances of a successful application. Our team at The Law Firm of John P. Mahoney, Esq. not only assists you with the application process but also empowers you with the knowledge of your rights and entitlements.

Here’s how we can make a difference in your case:

• Personalized Guidance: We take the time to understand your unique circumstances, ensuring you receive tailored advice that aligns with your specific needs.
• Thorough Documentation: Our attorneys will help you gather and present the necessary documentation to support your claim, increasing the likelihood of approval.
• Appeals Representation: In the event of a denial, we are prepared to represent you in the appeals process, advocating fiercely for your rights.
• Ongoing Support: We provide continuous support throughout your disability journey, helping you stay informed and confident every step of the way.

Don't let the complexities of disability retirement deter you from seeking the benefits you deserve. Reach out to us today to schedule a consultation and take the first step towards securing your future.

Understanding Your Rights: The Importance of Disability Awareness

As you navigate the complexities of federal disability retirement, it's vital to understand your rights and protections under the law. Many individuals are unaware of all the benefits available to them, which can lead to missed opportunities. Educating yourself about your rights can empower you to make informed decisions during the application process.

Here are a few key aspects of disability awareness:

• Eligibility Criteria: Familiarize yourself with the specific eligibility requirements for federal disability retirement. Knowing the guidelines can help in assessing your case more accurately.
• Documentation Requirements: Understand the types of documentation needed to support your application. Proper documentation is critical for a successful claim.
• Timelines and Deadlines: Keep track of important timelines and deadlines in the application process to avoid any unnecessary delays.
• Appeals Process: Should your application be denied, understand your options for appeal. Being proactive in this process can improve your chances of approval.

At The Law Firm of John P. Mahoney, Esq., we are committed to providing clients with the knowledge and guidance they need to navigate their rights effectively. Our experienced team is ready to support you every step of the way, ensuring you receive the benefits you deserve.

These steps can include:

• Verifying that all the required information for annuity applications is present in your annuity application;
• Ensuring that the years of creditable service in your annuity application are correct;
• Verifying any service not reported and either adding it to the annuity application or keeping it from being counted, as is necessary.
• Certifying the applicants' coverage under the Federal Employees' Group Life Insurance program;
• Transferring the enrollment under the Federal Employees' Health Benefits program to the OPM;
• Ensuring all required materials are sent to the employee's payroll office;
• Preparing a "Notification of Personnel Action" form for the applicant's agency.

Once you submit your application for retirement benefits to the OPM, you will receive a claim number. You can track that claim number to receive updates on the progress of your application.

If you want to ensure your annuity application goes smoothly and you know when the deadline for your retirement is, you should consider working with a FERS disability lawyer to file the required paperwork early. Doing so will help ensure that you receive your retirement benefits when you need them, and the process doesn't drag out any longer than it needs to.

What Are the Benefits of Federal Disability Retirement?

Fortunately, your injury or illness doesn’t have to be work-related for you to be eligible for benefits. Also, unlike Social Security disability, you don’t need to prove that you’re totally incapable of performing the duties of your current job.

However, to receive benefits, your federal agency must first agree to two facts:

• Your position can’t accommodate your medical condition
• They’re unable to reassign you to a similar job position that provides comparable wages

What Determines FERS Benefits?

How much you receive in FERS benefits depends entirely upon your age and the years you’ve worked as a federal employee. Typically, benefits are calculated to provide for about 60% of your “high-3 average” salary for the first year, and 40% in the following years.

Retiring at or under age 62 with less than 20 years of service will mean your benefits are based on 1% of your high-3 average salary for each you served. However, if you retire at age 63 or over with more than 20 years of service, that increases to 1.1%.

Obtaining federal disability retirement benefits can enable you to continue living a long, healthy life and consider how you want to proceed with your life without worrying an excessive amount about your financial health. If you think you may qualify for federal disability retirement, speaking with a federal disability retirement attorney who understands the system and can help you pursue an ideal outcome in your case could help you get the benefits you deserve.

Can I Work While Receiving Federal Disability Retirement Benefits?

If you're considering applying for federal disability retirement benefits, you might wonder if you can still work while receiving these benefits. As experienced FERS disability lawyers serving clients nationwide , we can guide you through this nuanced situation. Under the Federal Employees Retirement System, you are permitted to work in a private sector job once you receive federal disability retirement benefits. However, it's essential to maintain certain income limitations.

The Office of Personnel Management allows you to earn up to 80% of your previous federal salary in a new position without jeopardizing your retirement benefits. This provides a unique opportunity to supplement your income while still receiving support for your disability. It's important to carefully track your earnings and any changes in your condition to ensure compliance with federal regulations.

Our retirement benefits attorney is here to help you navigate the intricate rules surrounding federal disability retirement. Attorney Mahoney can ensure that you understand your rights and obligations, enabling you to make informed decisions about employment opportunities. If you need assistance or have questions about the eligibility and impact of working while receiving benefits, he is here is here to provide the support and expertise you need. Get in touch at (202) 350-3881.

Appealing a FERS Denial

Your case isn’t over just because you’ve been denied benefits. In fact, FERS grants petitioners 30 days to request a reconsideration. We can guide you through this process by helping you effectively update your record. If you’ve already been denied after asking for a reconsideration, we can represent your case before the Merit System Protection Board (MSPB). If necessary, we can even litigate on your behalf in federal court.