Baltimore OPM Disability Retirement Attorneys
Lawyers Providing Legal Help to Federal Employees Seeking Disability Retirement Benefits in Baltimore, MD
Federal government employees may experience challenges when medical conditions interfere with their ability to continue working. Federal workers who develop serious health issues may qualify for disability retirement under a program provided by the Office of Personnel Management (OPM). However, understanding the available benefits and the process followed when filing disability retirement claims is not always easy.
The Devadoss Law Firm, P.L.L.C. advocates for federal government workers who have experienced health concerns that may require them to retire. We know the effects that stress, and anxiety can have on workers, especially if new job requirements may make it impossible for them to continue working. We help workers understand their rights and work with them to prepare applications, respond to inquiries from OPM, and appeal denials.
Understanding OPM Disability Retirement Eligibility
Eligibility for disability retirement through OPM depends on the type of retirement system the employee is enrolled in. Most federal employees hired after 1987 are covered under the Federal Employees Retirement System (FERS), while those who began service before that date may still be under the Civil Service Retirement System (CSRS).
- FERS Eligibility: To qualify for disability retirement, a federal worker must have completed at least 18 months of creditable civilian service, and they must be unable to perform the essential duties of their position. The medical condition that has resulted in a disability must be expected to affect the employee for at least one year. The agency where the person works must provide certification showing that it cannot accommodate the worker’s condition or reassign them to a comparable position.
- CSRS Eligibility: Under CSRS, an employee must have completed at least five years of creditable civilian service, they must be unable to perform service in their current position or another comparable position.
Notably, disability retirement is not based on whether the employee can work in any capacity, but rather whether they can perform their current job or be reassigned within their agency. The burden is on the employee to prove that the condition is disabling and that accommodation or reassignment is not feasible.
Applying for OPM Disability Retirement
When submitting an OPM disability retirement application, an employee will be required to provide thorough documentation. The application package typically includes:
- SF 3107 (Application for Immediate Retirement)
- SF 3112 (Documentation in Support of Disability Retirement)
- Medical records and physician statements
- Proof of efforts to accommodate the disability or reassign the employee
- Agency documentation and personnel forms
Each part of the application must be carefully prepared. Missing details, vague medical language, or inconsistent information can lead to delays or denials. The Devadoss Law Firm, P.L.L.C. can help gather the appropriate documentation, coordinate with treating physicians, and make sure an application includes clear, compelling statements that meet OPM’s requirements.
Appealing a Denial of Disability Retirement
If a disability retirement application is denied, an employee can appeal the decision. They can request reconsideration from OPM, and if the application is denied after reconsideration, an employee can file an appeal with the Merit Systems Protection Board (MSPB).
The Devadoss Law Firm, P.L.L.C. supports clients through every stage of appeals. We will review the reasons for a denial and compile documentation and statements addressing these issues. We can also provide representation before the MSPB, advocating for benefits that will meet our client’s needs. With our deep knowledge of federal disability standards and the procedures followed during appeals, we can help ensure that a person will be able to receive the proper disability retirement benefits.
Issues Affecting Disability Retirement
Even after an employee is approved for OPM disability retirement, they may encounter issues that could affect their benefits, including:
- Periodic Medical Reviews: OPM may require a person to receive medical examinations to verify that the disabling condition is still affecting them. A failure to undergo examinations as required can lead to the termination of benefits.
- Cost-of-Living Adjustments (COLAs): Disability retirees under FERS may qualify for annual adjustments to their benefits. A person who is under the age of 62 may not receive COLAs until they have been retired for one year, unless they are eligible for an immediate FERS annuity. After the age of 62 or after meeting the applicable age and service requirements, a person may receive COLAs. Employees who retire under CSRS will typically be able to receive COLAs on an annual basis.
- Termination of Benefits: Benefits may be terminated if a medical examination shows that a person is no longer disabled and can return to work. If a person returns to a position equivalent to the position they previously held, or if they are working in another job in which they earn at least 80 percent of their wages prior to their retirement, this will also result in the termination of retirement benefits.
Contact Our Baltimore, Maryland OPM Disability Retirement Lawyers
The attorneys at The Devadoss Law Firm, P.L.L.C. help federal workers address concerns related to employment law. We have a deep understanding of the laws and regulations that apply to federal employees and the agencies that address issues related to disability retirement, workers’ compensation, and other related matters. We can help employees determine their best options for receiving the benefits they deserve.
If you are a federal worker who is dealing with a disabling medical condition, our lawyers can help you take the right steps to pursue retirement. Contact us today at 866-460-0994 to arrange a free consultation and take steps to secure benefits that will meet your needs.