When is the best time to apply for federal disability retirement as a federal employee or a postal worker? The quick and easy answer to this question is “when you can no longer work because of your medical condition”.
If you have medical conditions, however, and you still want to work, then federal disability retirement may not be the first or most ideal step for you.
Under the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, and the Rehabilitation Act, the Federal government is required to be the Model Employer of individuals with disabilities. This means that the Federal government must be willing to provide reasonable accommodation to individuals with disabilities.
So, if your medical condition prevents you from working in your current position, but you are not ready to go out on federal disability retirement just yet, consider seeking a reasonable accommodation. What do you need for this process? Most times, you will need an experienced guide to work your way through this process. That is because many Agencies – and many attorneys representing these Agencies – have no clue what the reasonable accommodation requirements of the ADA/ADAAA are.
This is one of the dangers of “specialization” in the representation of Federal Employees. The Law Office of Eric L. Pines represents Federal employees in OWCP, EEOC, MSPB and federal disability retirement claims to OPM (among many other matters). There are not many Federal employee law firms or lawyers like us: we can look at the “whole picture” for Federal employees and postal workers and help them figure out if their energy – and their money – is better spent fighting for workers comp benefits, federal disability retirement, or reasonable accommodation under the ADA/ADAAA. Unfortunately, many efederal employee disability retirement lawyers handle federal disability retirement applications and federal disability retirement only. These lawyers won’t be able to walk you through your options if you want to explore another path or are confused about all of the options and legal processes for federal employees who become disabled.
No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.
The Law Office of Eric Pines represents Federal employees under FERS or CSRSin their applications for federal disability retirement to OPM. If an application for federal disability retirementis denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.
It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and federal disability retirement appeals to discuss the facts and law of your particular case. If you have questions about federal disability retirementunder FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Law Office of Eric Pines to schedule a telephone consultation.