How We Can Help You Through The Disability Retirement Process
The Jeffrey Law Group, PLLC, provides counseling and assistance to Federal and Postal Service employees through all stages and aspects of the disability retirement application process. Our attorneys can:
- Prepare the Standard Form 2801, Application for Immediate Retirement (CSRS) and/or the Standard Form 3107, Application for Immediate Retirement (FERS), and Standard Form 3112, Documentation In Support of Disability Retirement;
- Review employee’s medical evidence to determine its legal sufficiency in support of a disability retirement application;
- Request reconsideration of U.S. Office of Personnel Management (OPM) Initial Decisions denying applications for disability retirement; and
- Appeal OPM Final Decisions denying applications for disability retirement to the U.S. Merit System Protection Board (MSPB).
Let the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm®, help you through the disability retirement process. Contact us today at 202.312.7100 for an initial consultation.
Employee Disability Retirement Attorneys
If a Federal or Postal Service employee becomes disabled but is too young to qualify for regular retirement and/or the injury is not compensable under the Federal Employees Compensation Act (FECA), i.e., “Worker’s Compensation,” he or she has the right to apply for disability retirement benefits. To be found eligible for disability retirement under either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), the employee must show that she has become so disabled that she can no longer render useful and efficient service in her position and that her disability is expected to last at least one year. The general rule in disability retirement cases is that an employee’s medical evidence must show how her condition affects her ability to perform specific job duties and requirements. See Tanious v. Office of Personnel Management, 34 M.S.P.R. 107, 111 (1987). Typically, an employee’s own subjective evidence of disability is not entitled to weight if it is not corroborated by competent medical evidence.
CSRS VS. FERS
To be eligible for a disability retirement annuity under CSRS, an employee must have completed 5 years of civilian service, must, while employed in a position subject to CSRS, have become unable, because of disease or injury, to render useful and efficient service in his position, and must not be qualified for reassignment to a vacant position in the agency at the same grade or level in which he could render useful and efficient service. See 5 U.S.C. § 8337(a); 5 C.F.R. § 831.1203(a).
To be eligible for a disability retirement annuity under FERS, an employee must have completed 18 months of civilian service, must, while employed in a position subject to FERS, have become unable, because of disease or injury, to render useful and efficient service in his position, and must not be qualified for reassignment to a vacant position in the agency at the same grade or level in which he could render useful and efficient service. See 5 U.S.C. § 8451(a); 5 C.F.R. § 844.103(a). In addition, employees covered by FERS must also concurrently apply for Social Security disability benefits.
Let the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm® help you through the disability retirement process. Contact us today at 202.312.7100 for an initial consultation or visit our blog posts regarding Disability Retirement.