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Federal Employee Disability Representation A Nationwide Firm Focused on Federal Employment and Social Security Disability Law

Federal Disability Lawyer

FERS / CSRS Disability Attorneys Serving Federal Employees

Are you a federal employee living with a disability? You have a right to reasonable accommodation or reassignment to duties that can be performed in your condition, as well as fair disability benefits.

At Pines Federal, our federal disability retirement attorneys are passionate about protecting the rights of federal employees in disability claims. Each case is unique, and our extensive knowledge of federal employee rights in disability cases has benefited hundreds of employees.

If you are limited at work by an injury or illness, you likely feel intimidated maneuvering through the maze of federal employment disability rules and regulations. Even the seemingly simple step of determining whether you are, in fact, disabled is often a complicated legal determination. The good news is that the laws that govern this area are actually on your side, and we can help protect your rights.

At Pines Federal, our employment lawyers are passionate about protecting the rights of federal employees in disability claims. Each case is unique, and our extensive knowledge of employee rights in disability cases has benefited hundreds of federal employees.

If you are a federal employee with physical or mental limitations, contact Pines Federal online or call (832) 462-7655 to discuss your options.

Helping You Understand Your Eligibility for Disability Benefits Under the Federal Employees Retirement System (FERS)

FERS is the most common retirement plan for federal employees. Although a few employees are covered under FERS’s predecessor, the Civil Service Retirement System (CSRS), CSRS applies only if you were in the federal service before 1987. One of the major benefits of FERS is its disability benefits.

You are eligible for FERS disability benefits if you have:

  • Been in the federal service for at least 18 months;
  • Become disabled due to a mental or physical condition that prevents you from performing the core duties of your jobs; and
  • Applied for disability benefits with the Social Security Administration (SSA). 

Finally, the expected duration of your disability must be at least one year. A disability lawyer can help you check whether you are eligible for FERS disability benefits. But how do you know if you have a disability?

What Is Considered A Disability?

The Americans with Disabilities Act (ADA), which Congress passed in 1990, provided a basic definition for a “disability.” Specifically, the ADA-based definition of disability is “physical or mental impairment that substantially limits major life activities.”

Major life activities refer to functions like caring for yourself, walking, seeing, hearing, speaking, learning, and working. As you can imagine, this means that a wide range of conditions constitutes a “disability.”

Furthermore, while the ADA does not specifically list conditions that qualify as a disability, it does categorize them into the following:

  • Physiological disorders
  • Neurological disorders
  • Psychological disorders

Having cancer, epilepsy or intellectual disability can qualify as an impairment that limits a major life activity as well. After Congress passed the ADA, there was some controversy regarding whether certain minor conditions constituted “disabilities.”

Consequently, President George W. Bush signed the ADA Amendments Act (ADAAA), which emphasized that the “definition of disability should be construed in favor of broad coverage of individuals” to the maximum extent possible. The ADAAA thus makes it much easier for federal employees to establish that they have a disability. 

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    Our Testimonials

    Trusted By Federal Workers Nationwide

      “Even though I had an overwhelming abundance of anxiety about going through a legal proceeding, Mr. Pines’ humor and expert advice helped get me through the EEO process until it was successfully resolved. I always felt that the Pines Federal team had my best interests at heart and always treated me with kindness and dignity.”
      - Michelle S.
      “A change in leadership brought me the worst of luck with a suddenly very hostile work environment, but pure serendipity led me to Pines Federal. I am so lucky to have found Pines Federal which not only has considerable expertise in federal employee cases, but also has the compassion to recognize the emotional impact on their clients.”
      - Jennifer
      “I was issued a proposed removal letter at the VA where I work as a nurse, and I didn’t know what to do. I was confused and disoriented. Pines Federal were ready to defend me to the end. This law firm is the best federal government firm out there. I will be spreading the news to my friends and coworkers.”
      - Victor
      Our Case results

      Behind Every Case Is a Person Who Matters

      • Pines Firm Successfully Litigates Reinstatement for VA Canteen Employee with Full Back Pay

        Attorney Pines and AFGE 1633 were victorious in having the arbitrator find that a VA Canteen employee was wrongfully removed, and therefore should be put back to work and paid back pay for over a year and half of pay.

      • Wrongfully Terminated Veterans Administration Employee Gets Job Back & Full Back Pay

        In an exciting precedent-setting victory, The Law Office of Eric L. Pines, PLLC has successfully helped a Veterans Administration employee get her job back after being wrongfully terminated for using leave for the birth of her child and to care for her autistic and blind children.

      • Major Success in Front of the MSPB in an OPM Disability Case

        On July 19, 2023, Pines Federal achieved a big win in front of the Merit Systems Protection Board (MSPB) in an OPM disability case.

      • Pines Federal’s Amanda Moreno Wins Reinstatement and Backpay in MSPB Case at DHS, USCBP

        The Appellant worked for Customs and Border Patrol for over 20 years when the Agency removed her for LWOP and alleged misconduct at work.

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