Federal Retirement

Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law.

OPM Disability Retirement Lawyers

Federal Employee Disability Retirement

We represent federal employees nationwide in federal disability retirement cases. Federal employees may be eligible for disability retirement when they are unable to perform to work their duties. FERS employees must have 18 months of creditable service to qualify.

Disability retirement applications and appeals before the Office of Personnel Management (OPM) can be a complex process. However, we are experienced in handling these matters. Entitlement to these benefits is based on a disability that is suffered by the federal employee which prevents them from performing the duties of their position.  It is not necessary that the disability be related to an on-the-job injury.

A disability retirement application must typically be filed no later than 1 year from the date of a federal employee’s separation from employment.  We advise our clients to file for disability early due to the strict filing deadlines. If disability retirement is ultimately approved, an individual is still generally permitted to maintain other, non-federal employment, subject to an 80% earnings limitation. Disability retirement can be terminated by OPM only under certain conditions which rarely occur.

Filing for OPM Disability Retirement

The first step in filing for OPM disability retirement is to confirm that a federal agency cannot accommodate the employee in another position. As part of this process it is important to obtain the assistance of medical professionals who will be providing the key documentation needed for the approval process. Furthermore, there is a requirement that the disability involved must be expected to last for at least a year.

The disability retirement process can be started while a federal employee is still employed or after they have been separated. Our OPM disability retirement attorneys assist federal employees in the preparation of their OPM disability retirement applications and exhibits.  We work with the individual’s medical professionals. We also represent the individual before his or her federal agency and/or directly work with OPM in preparing the disability retirement application for submission.

OPM Reconsideration and MSPB Appeals

In addition to submitting disability retirement packages to OPM, our law firm also represents federal employees in appeals before OPM when retirement requests have been been denied.  In such cases, it is important to act quickly and with as much additional documentation in support of the disability retirement application as possible.  Typically, there is a 30-day window in which to submit additional documentation or evidence to OPM when requesting reconsideration of OPM’s initial decision.  In cases where OPM has denied a disability retirement application following reconsideration, we represent federal employees in disability retirement appeals before the Merit Systems Protection Board.

If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process.

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