As a disability retirement lawyer for federal government employees, Graham Law Group specializes in disability law. If you fall victim to disease or injury that prevents you from performing your duties, you may be entitled to federal retirement benefits. This happens when your employing agency has exhausted reassignment attempts to retain you in a productive capacity. A disability retirement lawyer can help you handle the application process, including preparing all documentation. Generally, federal government employees must meet specific requirements to qualify for the retirement benefits.
Contact Graham Law Group today.
Call 816-792-0500 OR email us using this link
Who is eligible for federal disability benefits?
To qualify for disability benefits, you must prove that you have a physical injury or mental disease to perform `useful service’. One should meet the following requirements:
- The applicant must have completed at least 18 months of creditable service (under FERS)
- The agency must certify that it’s unable to accommodate the employee. In the same way, the employer must prove that you’ve show consideration for another vacant position within the same commuting area.
- The disability is expected to last for at least one year
Does the cause of disability matter?
You don’t have to have totally disability to qualify for the benefits. And the disability must not necessarily happen at your workplace. The cause of disability doesn’t matter as long as it prevents you from doing your job. However, you must provide a medical or clinical report that shows you have a disability.
The application process
A disability retirement lawyer should help you with the application process. Since the Office of Personnel Management is the trier for such claims, it can accept or deny the application. Your documents must include:
- Employee and employer paperwork
- Social security disability form
- Supporting medical records
Oftentimes, a competent lawyer will help you explain how the condition prevents you from working on a full-time basis.
Federal government employees should pursue the matter as fast as possible. Sometimes, it can take months to get all the documents required. If you’re submitting your application through an agency, you should do so within 30 days. And once you’re separated from the federal service, the application should be made within one year.
Shortly after the OPM receives your document, you’ll get a receipt of acknowledgement. If there are any changes to the application, the agency should notify the OPM. After the application approval, the employment agency can now separate you from its rolls.
Why should I hire a disability retirement lawyer?
When you apply for a federal retirement benefit, an attorney will help you evaluate your options. If the application faces decline, you can file for reconsideration within 30 days. If you’re still denied the benefits, the next option is to go to a federal court. But again, you must be aware of the timelines. If you have an attorney on your side, you can be sure of a smooth process.