Silver Spring, Maryland OPM Disability Retirement Attorneys

Lawyers for Retirement Benefits for Federal Workers With Disabilities in Silver Spring

When a federal employee develops a disability, the consequences can be overwhelming. A medical condition may cause a worker to be unable to meet the expectations of their position. In these cases, continuing to work may not be possible, but resignation without financial support is not the only option. The Office of Personnel Management (OPM) provides disability retirement benefits under the Federal Employees Retirement System (FERS), offering long-term income for eligible federal workers.

At The Devadoss Law Firm, P.L.L.C., we focus on serving federal employees and helping them access the benefits they need and deserve. Our attorneys have a deep knowledge of the federal employment system and the benefits that are available, and we work with clients in Silver Spring to file successful claims. We can evaluate whether a condition qualifies for retirement disability, prepare applications and medical documentation, and fight against denials or the termination of benefits.

When Disability May Support Retirement from Federal Employment

Disability retirement may be available to a federal employee when a medical condition will not allow them to perform the essential duties of their position. If an employer is unable or unwilling to provide reasonable accommodations or move the worker to an equivalent available position, retirement may be the best option. Common reasons for applying for OPM disability retirement include:

• Physical Disabilities: Mobility impairments, severe back injuries, joint degeneration, repetitive stress injuries, or chronic pain that interferes with job performance can limit a person’s ability to perform work as required.
• Chronic Illnesses: Conditions such as cancer, heart disease, diabetes, autoimmune disorders, or neurological diseases can limit a person’s ability to perform daily tasks at work.
• Mental Health Conditions: Anxiety, mental stress, clinical depression, PTSD, or other psychological conditions may affect a person’s concentration, judgment, attendance, or workplace interactions.
• Increased Job Demands or Changes in Responsibilities: A position may evolve over time, and new requirements may no longer be manageable due to the limitations of a medical condition. Issues such as increased physical labor, frequent travel, relocation to a new office, or stressful responsibilities may make it impossible for a person to maintain federal employment.

Eligibility Requirements for OPM Disability Retirement

To qualify for disability retirement through FERS, a federal employee must meet the following requirements:

• Length of Service: The minimum amount of service required to qualify for retirement disability is 18 months for a federal worker who is a civilian.
• Disabling Condition: The employee’s condition must last for at least one year, and it must prevent them from completing their regular duties.
• Accommodation and Reassignment: A written certification must be obtained from the employer stating that it is unable to provide accommodations that will allow for continued work in the same position, and that a suitable position at an equivalent level is not available within a specific geographic area.
• Application Time Limits: If an application for disability retirement is not submitted while the employee is still working, they will be required to apply within a maximum of one year after leaving federal employment.

Benefits Provided Through FERS Disability Retirement

Once approved for disability retirement, a federal employee is entitled to annuity payments calculated based on their years of service and their average salary. Eligible retirees may continue to receive insurance coverage through the Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI) programs. FERS disability retirement is designed to provide income security for workers with disabling conditions while allowing continued access to essential health coverage.

The Impact of Social Security Disability Insurance (SSDI) on FERS Benefits

Federal employees who apply for OPM disability retirement must also apply for SSDI, and benefits under FERS are offset by the benefits received from Social Security. In most cases, OPM will subtract 100% of SSDI payments from the person’s disability retirement annuity. In the second year and beyond, OPM subtracts 60% of SSDI payments from the annuity. Coordinating these two systems correctly is essential for financial planning and long-term security.

Circumstances That Can Lead to the Termination of Disability Retirement Benefits

FERS disability retirement is not always permanent. Benefits may be terminated if:

• Medical Recovery Occurs: OPM may require a former federal worker to complete medical reviews when necessary to assess their condition. If an examination determines that the employee is no longer disabled, they may not be eligible for continued disability retirement benefits.
• Reemployment in Federal Service: If the employee returns to federal employment in a position similar to their previous job, retirement benefits will cease.
• Excess Earnings in Other Employment: If the retiree earns more than 80% of the current pay for the position they held before retiring, their retirement annuity will be suspended.

Contact Our Silver Spring Federal Employee Disability Retirement Lawyers

Federal employees who suffer from serious health issues may be eligible for retirement benefits that provide income and health coverage. However, the application process is complex, and workers may need to determine how to respond to the denial of a claim. The Devadoss Law Firm, P.L.L.C. provides assistance with these claims, and we can also help file appeals when necessary. Call 866-460-0994 or contact us online for a free consultation.