5 Foundations in Preparing an Effective FERS Disability Retirement Application

5 Foundations in Preparing an Effective FERS Disability Retirement Application

Beyond knowing the basic components of what it takes to become eligible for Federal Disability Retirement under FERS, to be submitted to the U.S. Office of Personnel Management, every Federal Disability Retirement Applicant needs to know at least 5 components of the process.

Separation
First, know that from the vantage point of the U.S. Office of Personnel Management, every post-separation filing of a Federal Disability Retirement application presents a problematic case.  That is because, while once separated, the law allows you to file within 1 year of being separated from Federal Service.  However, the problem lies in the argument that (which OPM systematically makes) there is no way for the Agency (or OPM) to determine whether or not you could have been accommodated during the time you were a Federal employee.  Furthermore, as you must prove that you were disabled during the pendency of your Federal employment, your medical documentation will likely post-date your separation from Federal Service, and OPM will argue that — as such — they are inapplicable.  DO NOT let OPM get away with such specious arguments.

The Medical Documentation
Doctor’s know how to treat; they rarely know how to write an effective medical report.  As such, it is important to obtain the services of a competent lawyer in order to aid in helping the doctor(s) prepare an effective medical report.  No matter how serious the medical conditions, it is highly unlikely that merely gathering the compendium of your medical records will suffice in winning a Federal Disability Retirement claim with OPM.

SSDI
Yes, it is a formality and a prerequisite for filing a Federal Disability Retirement Application, and most applicants will become immediately denied because — as a Federal employee — your continued employment will automatically disqualify you for SSDI benefits.  However, if you do get approved for SSDI, it can greatly enhance your chances for a FERS Disability Retirement approval from OPM.

The Bruner Presumption
If you become separated from Federal Service, it is important to consider the basis of your removal.  If you are removed for your medical inability to perform the essential elements of your job, this may trigger what is called “The Bruner Presumption” — a legal mechanism where the burden is essentially placed on OPM to “disprove” your legal right to Federal Disability Retirement benefits.  Furthermore, removal for excessive absences may still allow you to qualify for the Bruner Presumption, especially if there is an acknowledgment by your Agency that such absences were based upon your medical conditions.

Bracey v. OPM
There are, in fact, many cases which are clearly supportive of a Federal or Postal Disability Retirement application, such as Bracey v. OPM, which outlines what is or is not considered a legally-viable accommodation.  Often, Agencies try and say that they provided or did X, Y and Z, assuming that such applications constitute an “accommodation” under the law.  Do not fall for such assertions.  An “accommodation” is a technical term of art, and just because your Agency thinks that they have “accommodated” you, the likelihood is that they have not.

Sincerely,

Robert R. McGill
Attorney specializing in Federal Disability Retirement Law

 

About the Author

Robert R. McGill, Esquire is a FERS Medical Retirement Attorney who specializes exclusively in fighting for Federal and Postal employees to obtain Federal Disability Retirement benefits.  He has been in private practice advocating on behalf of Federal employees for over 30 years.

 

Note:  This article was originally published in Avvo.com.
Photo credit Scyther5 from iStock.

Federal Laws That Protect Federal Government Employees

Federal employees spend a large portion of their lives in the workplace; so, it’s important for each individual to feel safe, protected, and respected each day.  While these factors can be interpreted differently for everyone, the law works to set a basic standard for all federal employees nationwide.  For example, employment discrimination is one of the main forms of mistreatment that’s universally intolerable and unlawful.

The Equal Opportunity Employment Commission (EEOC)

While federal employees are protected under the law from discrimination and other forms of mistreatment, such as retaliation and harassment, this doesn’t stop all employers from mistreating their employees.  Through a complex complaints process, the Equal Opportunity Employment Commission (EEOC) handles mistreatment cases that have already occurred.  Investigations are performed on every viable case.

We help employees who have been victims of mistreatment by their employers.  We can assist you in filing a complaint through the EEOC, stand by you through every step of the process, and, if necessary, escalate your complaint to a lawsuit. A federal employment lawyer from our team can ensure you feel supported, cared for, and heard.

The Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is the primary federal act established to protect employees from discrimination in the workplace.  This act makes it unlawful for employers to discriminate on the basis of color, sex, national origin, religion, or race.  Many states reinforce and expand this discrimination law by making their own discrimination laws.

For example, the state of Maryland has a discrimination law that states that it’s unlawful for employers to discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, disability, or genetic information.

Other Antidiscrimination Employment Laws

There are other federal antidiscrimination laws in place that protect specific minority groups from discrimination in the workplace.  These laws and other labor laws can often be used to support your case when filing an employment complaint.  Some of the antidiscrimination statutes include:

* The Age Discrimination in Employment Act
* The Pregnancy Discrimination Act
* The Americans with Disabilities Act
* The Equal Pay Act
* The Genetic Information Nondiscrimination Act

It’s important to note that antidiscrimination laws also protect employees against retaliation and harassment.  Retaliation includes any mistreatment from an employer that may be brought on because an employee took some action that the employer isn’t happy about.

Harassment includes mistreatment that makes the workplace feel hostile in any way.  While petty annoyances and isolated incidences typically won’t be considered worthy of a claim, harassment that effectively ruins the workplace environment will usually be found unacceptable under the law.

Reach Out to a Federal Employment Attorney

Speaking to an experienced attorney from Snider & Associates, LLC can help you better assess the mistreatment you’ve experienced and determine whether you have grounds for an official complaint.  In some circumstances, your complaint can be escalated to a civil lawsuit in which you may be able to obtain liquidated damages for your suffering.

If you’re ready to speak with a federal employment lawyer about your case in greater detail, call us to schedule a consultation.

Snider & Associates, LLC