Bethesda OPM Disability Retirement Lawyers
Attorneys Helping Federal Workers to Retire Based on Disabilities in Bethesda, MD
A medical condition that affects a person’s ability to perform essential job duties can lead to both professional and personal challenges for federal employees. When continued federal employment is no longer possible due to physical or mental limitations, disability retirement through the Federal Employees Retirement System (FERS) may provide a path forward. These benefits offer financial stability and access to health coverage for employees who are forced to step away from their roles due to serious, long-term medical conditions.
At The Devadoss Law Firm, P.L.L.C., we help federal workers in Bethesda and throughout the Washington, D.C. area apply for Office of Personnel Management (OPM) disability retirement. We can assist with the documentation of a disability and make sure all forms are submitted correctly, and we can also help resolve issues that may arise after benefits are granted. Whether you are ready to file a new disability retirement claim or are facing complications with your existing benefits, we will work to protect your rights while ensuring compliance with FERS and OPM regulations.
When Federal Employees May Qualify for OPM Disability Retirement
A person who works for the federal government may apply for disability retirement through OPM if they meet the following conditions:
- Medical Disability: The employee will need to demonstrate that they have a physical or mental condition that has made them unable to continue working in their current federal position. Medical documentation must show that doctors expect that this condition will last for a minimum of one year.
- Creditable Service: To receive retirement benefits under FERS, the employee must have worked for the federal government for a total of at least 18 months.
- No Possible Agency Accommodation or Reassignment: The agency that currently employs the worker must provide documentation certifying that it has been unable to make the necessary accommodations to address the employee’s condition, and it cannot reassign them to a vacant position at the level of pay within the area in which the employee can commute to work.
- Application Deadline: The application must be filed while the worker is still employed or within one year after they have stopped working due to a medical condition.
Eligibility for disability retirement benefits will not be dependent on whether the condition was caused by the worker’s job. It also does not require total disability. Eligibility is based on whether the condition prevents the employee from effectively performing their current duties, even if they may be able to work in another capacity for a non-government employer.
Understanding FERS Disability Retirement Benefits
The FERS disability retirement program offers financial support based on a structured annuity calculation. In general, if a worker is under the age of 62 and is not currently eligible for voluntary retirement, the benefits typically include:
- Initial Annuity: During the first year of disability retirement, a person will receive an annuity of 60% of their high-three average salary, which is calculated by taking an average of the amount they earned at their highest rate of pay during 36 consecutive months of federal service. An employee who applies for disability retirement is also required to apply for Social Security Disability Insurance (SSDI), and 100% of the benefits they receive will be subtracted from the annuity they receive through FERS.
- Subsequent Annuity: After the first year, the annuity is reduced to 40% of the high-three average salary, minus 60% of SSDI payments.
- Conversion at Age 62: When the retiree reaches age 62, the benefit is recalculated as if the employee had continued working until retirement age. This calculation incorporates the number of years they received disability retirement benefits. For people who worked for less than 20 years, benefits will be 1 percent of their high-three average salary for each year worked. For those with more than 20 years of service, the percentage increases to 1.1 percent.
- Health and Life Insurance Continuation: In many cases, federal retirees will be able to continue their participation in the Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI) programs.
Legal Help With OPM Disability Retirement Issues
The attorneys at The Devadoss Law Firm, P.L.L.C. can assist with:
- Evaluating Eligibility: We will review a person’s employment history, medical records, and job duties to determine whether they meet the criteria for disability retirement.
- Preparing and Submitting Applications: We help clients complete application forms, including personal statements, agency documentation, and medical provider reports, and we ensure that these forms are submitted correctly.
- Obtaining Persuasive Medical Evidence: We collaborate with doctors to ensure that medical documents meet OPM standards to demonstrate that a condition qualifies as a disability.
- Agency Coordination: We will communicate with human resources departments and supervisors to ensure proper documentation of accommodation and reassignment efforts.
- Periodic Medical Reviews: After a disability retirement claim has been approved, OPM may request medical evaluations to confirm that the condition persists. We can help our clients complete these evaluations and demonstrate that they have a continuing disability.
- Addressing Employment and Earnings: Retirees may work in non-federal jobs, but if their annual earnings are at least 80% of the pay they receive in their former position, they may no longer be eligible for disability retirement benefits. We can review records to make sure a former employee can avoid issues that may affect their retirement benefits
- Appealing Denials or Terminations: If a claim is denied or if benefits are terminated by OPM, we can assist in requesting a reconsideration or filing an appeal with the Merit Systems Protection Board (MSPB).
Contact Our Bethesda, Maryland Federal Disability Retirement Attorneys
If you are considering retirement from a federal job due to a disability, you will need to make sure to follow the correct steps as you apply for benefits. The Devadoss Law Firm, P.L.L.C. can guide you during every step of this process, advocating for your interests and helping to address potential complications. Get in touch with us and book a free consultation at 866-460-0994.