THE FERS/CSRS DISABILITY CLAIM PROCESS . . . Don’t Go It Alone
According to the Office of Personnel Management (OPM), a disability annuity is a benefit provided to protect employees who are no longer able to provide useful and efficient services in his or her grade or pay level. Being disabled does not necessarily mean that you are bed-ridden or confined to a wheel-chair. Rather, it means that because of a physical or psychological illness or injury you no longer are able to perform in your current capacity on-the-job.
If you have suffered such a disability, you may be eligible for a disability annuity. However, in order to obtain your benefits, you must adhere to the requirements of the OPM. The first thing to keep in mind is that the application process for a disability claim can be lengthy. To avoid any disruption in the process, your application and paperwork should be complete and accurate, and should be submitted within the specific time frame of OPM. Any error, omission or missed deadline can result in your benefits being much delayed, or even denied.
FERS & CSRS Eligibility . . .
Although there is some cross-over between the Federal Employee Retirement System (FERS) and the Civil Service Retirement System (CSRS), each has its own eligibility requirements, and they have slight differences.
In order to file a disability claim as a Civil Servant (CSRS):
•You must have at least five years of service on-the-job.
•You must have become disabled while working in that system and must prove you cannot perform your duties.
•Your disability must be expected to last at least one full year.
•The Employing Office cannot accommodate you in your current position (i.e., regardless of any special considerations afforded you by your Employing Office, you still cannot perform your job).
•You must not have turned down an offer or re-assignment to another more appropriate position by your employer that would equal your grade level, pay level or tenure, in the same commuting area.
In order to file a disability claim as a Federal Employee (FERS):
•You must have completed at least 18 months of service on-the-job.
•You must have become disabled while working in that system.
•Your disability must be expected to last at least one full year.
•The accommodations made by the Employing Office must be deemed unreasonable.
•The employee must not have turned down another offer or reassignment with the same grade level, pay level, and tenure, and within the same commuting area.
What To Submit to OPM (FERS & CSRS)
The Office of Personnel Management requires all claimants to submit complete medical documentation as proof of disability. This should include reports by your treating physician as well as all specialists. You also will need to complete and submit the appropriate Summary of Federal Service form for your category. And, you will need to submit your current job description, performance standards, and your most recent performance appraisal. It is important to remember that the omission of any of these required documents will, at the very least, cause your benefits to be delayed.
Time Limits Matter . . .
In FERS and CSRS disability claims, timing is (just about) everything. You have exactly one year to file for disability after leaving your job. If you miss this deadline, your claim could be denied. The OPM only will waive the time requirement in cases where the disabled person has been diagnosed as mentally incompetent, and that is decided on a case-by-case basis, and should not be relied upon.
If You Are Denied . . .
Even if you have submitted all the correct and complete documentation on-time, and you have been diagnosed as disabled, there still is a chance your claim could be denied. In that case, you have the right to submit a request for reconsideration within 30 days after that decision to the Office of Personnel Management.
Finally . . .
Filing for FERS or CSRS disability is time-consuming and quite detailed. If you become disabled and cannot work, the most expedient way to file your claim and obtain benefits is to seek the advice of an attorney experienced in disability law before you begin the process.
If you file on your own and are denied, the appeals process will be more complex and take up more valuable time that you cannot afford to lose.
Legislative News . . .
FERS Sick Leave Credit, Automatic TSP Enrollment Pass House
(reported in www.federaldaily.com)
The House passed a bill on July 30 that would give workers enrolled in the Federal Employees Retirement System (FERS) credit for unused sick time in their pension calculations—as well as automatically enroll new federal employees in the Thrift Savings Plan (TSP). Under current law, FERS employees—unlike employees under the old Civil Service Retirement System (CSRS)—cannot convert unused sick leave at retirement, which is lost if not used. The new incentive will provide FERS employees the same sick-leave benefit employees under CSRS currently enjoy, said Rep. Jim Moran, D-Va., who supported the measure. For the first three years after enactment of the new law, employees would receive an addition to their annuity of up to 75 percent of their unused sick-leave days. After that three-year window, 100 percent of retiring federal employees’ sick-leave days would go toward their annuity. In addition to the sick-time provision, the bill included a
measure that would automatically enroll new federal employees in the TSP G Fund at a contribution level of 3 percent of basic pay. The two measures were attached to a larger piece of legislation—the Family Smoking Prevention and Tobacco Control Act (H.R. 1108)—that would empower the Food and Drug Administration to regulate the tobacco industry. While the bill passed the House overwhelmingly, its fate in the Senate remains uncertain. Also, President Bush has threatened a veto over the tobacco regulations. To read more, go to: www.house.gov/moran.
Legal Levity (little known, funny facts about Law)
Alaska law says you can’t look at a moose from an airplane.
In Alabama, it is illegal to wear a fake mustache that causes laughter in church.
In Indiana, bathing is prohibited in the winter months.
In Chicago, IL, it is illegal to eat in a place that is on fire.
In Atlanta, GA, it is illegal to tie a giraffe to a telephone pole or street lamp.
About DeHaanBusse LLP . . .
DeHaanBusse LLP is a leader in disability law including Federal Employee Retirement System Claims (FERS) and Civil Service Retirement System Claims (CSRS), Private Insurance Policy Claims, Employee Benefit Claims (ERISA), VA Disability Claims, New York City Retirement Systems (NYCERS), and New York State & Local Retirement Systems (NYSERS). Our practice is based upon one simple premise: that individuals have the right to receive what they have paid for and what they have been promised according to the law.
We focus on and believe that the safety net most Americans have worked long and hard to provide for themselves and their families should be there when they need it. Unfortunately, more and more that is not the case. Insurers often arbitrarily deny legitimate disability claims, despite the costly premiums paid out through the years. Their decisions have resulted in the near financial collapse of many individuals and their families.
Why Our Firm?
Knowledge – Our attorneys have an in-depth knowledge of the process and the law as it specifically applies to disability, and will provide you with a realistic opinion of your case.
Experience – We know which details are fundamentally important to achieving a favorable decision in your case. Our partners collectively have over 55 years of experience in disability law.
Personal Attention – We know our clients come to us at extremely difficult times in their lives. That is why our attorneys and our entire staff are uniquely responsive to their needs. We believe in and practice total transparency, and take the time required to explain the details as well as all legal fees relating to your case. We are here to help, and are available to you for a free consultation. Call us today.
Download our August 2008 Disability Law Ledger.