McLean, VA OPM Disability Retirement Lawyers
Attorneys Assisting With Retirement Benefits for Federal Employees With Disabilities in McLean, Virginia
For many federal employees, a career in public service is built on dedication, skill, and hard work. When a serious medical condition prevents a person from being able to work, they may face uncertainty about their future. Fortunately, the Federal Employees Retirement System (FERS) offers a path for eligible workers to receive disability retirement benefits by filing an application with the Office of Personnel Management (OPM). These benefits can provide crucial financial support and peace of mind for those whose medical limitations prevent them from continuing in their roles.
The process of obtaining retirement benefits can be challenging. The Devadoss Law Firm, P.L.L.C. works closely with federal employees during this process, and with our understanding of FERS disability retirement requirements, we can provide personalized legal support to help workers in McLean apply for benefits or appeal denials.
When a Disability May Qualify a Federal Worker for Retirement
Federal workers may be eligible for retirement benefits when they have a medical condition that prevents them from performing their duties. A qualifying condition must be expected to last for one year or more. Importantly, the condition does not have to be caused by work-related activity. The focus is on whether the medical impairment makes it impossible for the employee to carry out the essential functions of their job and whether the agency is able to accommodate or reassign the worker.
Common examples of qualifying conditions include:
- Musculoskeletal disorders such as chronic back pain, degenerative disc disease, severe arthritis, or repetitive strain injuries
- Cardiovascular conditions like heart disease, hypertension, or stroke
- Neurological disorders, including multiple sclerosis, Parkinson’s disease, epilepsy, or brain injuries
- Mental health conditions such as major depressive disorder, anxiety disorders, bipolar disorder, or post-traumatic stress disorder
- Autoimmune conditions or chronic illnesses, including lupus, rheumatoid arthritis, fibromyalgia, or chronic fatigue syndrome
- Vision or hearing loss that limits a person’s ability to safely and effectively perform their assigned duties
Each case must be supported by thorough medical documentation, and eligibility depends on the severity of the condition and its impact on job performance.
Benefits Available Through FERS
Disability retirement provides financial benefits to eligible federal employees who are unable to continue working due to a medical condition. The benefits include:
- Annuity Payments: These payments are based on the employee’s high-three average salary, which is the average of the wages earned during the three years in which they received the highest amount of compensation during their career.
- Health Insurance Continuation: Federal employees who received continuous coverage under a Federal Employees Health Benefits (FEHB) program for at least five years may be able to retain these health benefits during retirement.
- Survivor Benefits: Spouses or dependents may be eligible to receive survivor annuities under FERS rules.
The OPM Disability Retirement Application Process
Applying for disability retirement involves multiple steps and detailed documentation. The process includes:
- Completing the Application: The employee must complete an application form, which will include a statement of disability from the applicant, a statement from the employee’s supervisor, and other information.
- Gathering Medical Documentation: The application must include comprehensive information from a treating physician that explains the diagnosis, the expected prognosis, and the impact of the condition on the applicant’s job performance.
- Coordinating With the Agency: The applicant’s employer must provide confirmation that it cannot provide reasonable accommodations or reassign the employee to a vacant position equivalent to the applicant’s current job.
The application will be submitted to the person’s employer, which will then forward it to OPM. If the employee has already been separated from federal service, the application can be submitted directly to OPM within no more than one year after they stopped working. Processing times for applications can vary, but a decision may take several months. OPM may request additional documentation before issuing a final decision.
The Devadoss Law Firm, P.L.L.C. assists federal employees throughout every step of this process. We can help complete application forms, collect medical records, and communicate with the employer to receive the proper certification. We will make sure a thorough, well-organized application will be submitted.
Options for Appealing a Denied Disability Retirement Application
If OPM denies an application for disability retirement, the employee has the right to challenge this decision. Appeal options include:
- Request for Reconsideration: The employee may submit additional evidence and request that OPM review the claim again. This request must be filed within 30 days of the initial denial.
- Merit Systems Protection Board (MSPB) Appeal: If the reconsideration is denied, the employee may appeal to the MSPB, which will conduct a hearing and issue a decision.
The Devadoss Law Firm, P.L.L.C. can assist with reconsideration requests and MSPB appeals, building a strong case that highlights the legal and medical merits of a claim. Our attorneys will prepare our client for a hearing and present persuasive evidence to demonstrate that disability retirement benefits should be approved.
Contact Our McLean OPM Disability Retirement Attorney for Federal Employees
When applying for disability retirement benefits through FERS, our lawyers can provide invaluable assistance. Contact us by calling 866-460-0994 and setting up your free consultation today.