OPM Disability Retirement Lawyer
OPM Disability Retirement is also known as Federal Disability Retirement. It is administered through the Office of Personnel Management (OPM). Federal employees under both the FERS (Federal Employee Retirement System) and CSRS (Civil Service Retirement System) are both eligible to apply for disability retirement through OPM. Contact an experienced OPM disability retirement lawyer today for more information or assistance.
- Monthly payments
- Ongoing insurance contributions from the government
- Eligibility to take a new job and earn up to 80% of your previous salary
* if approved for Social Security disability benefits – You may also receive a payment from OPM disability at a reduced rate, along with the government contributions towards your insurances.
** If approved for a schedule award for permanent impairment in your Federal Workers’ Compensation claim – You may also receive the payment from OPM disability with no reduction, due to your receipt of your schedule award payment.
DO YOU QUALIFY?
- a federal employee with,
- at least 18 months of creditable service,
- Unable to perform your full-time job or accommodated position may qualify.
Which One Are You?
Most of our clients approved for OPM disability retirement are in one of two categories:
1. a one-time event, illness or injury, like a car accident, surgery or disease prevented them from working on a regular basis.
2. an accumulation of one or more injuries or illnesses combined over time to make it nearly impossible to continue working on a regular basis.
Many people try to work through illnesses and injuries because they have bills to pay and they don’t know whether or not they would qualify for OPM disability retirement. if you contact Steve early in the process, he will tell you whether or not you are eligible to receive OPM disability retirement. if you would not currently qualify, Steve will tell you what you must do in order to qualify.
The Application Process
The Office of Personnel Management (OPM) is the trier of fact in disability claims of this type. They will issue a Decision of APPROVED or DENIED, based upon review of documents that you submit. the package must be completed and provided within ONE YEAR of your date of separation from your employer or you will be forever barred from applying. it must include the following:
- Your paperwork
- Employer paperwork
- Social Security Disability application or approval
- Physician opinion and supporting medical records
The physician opinion and the supporting medical documentation are, by far, the most vital documents to establish the success of your claim. We regularly work with the treating physicians of our clients, in order to counsel and advise them regarding the most relevant medical factors that OPM will consider in reaching a decision of APPROVED in any particular claim.
Medical Factors Considered by OPM
|A partial list of the types of conditions considered in the disability process include:
|High blood pressure
|Attention deficit disorder
|Chronic Pain Syndrome
|Carpal tunnel syndrome
The establishment of the injury or illness is the first half of the fight to ensure appropriate medical documentation of the claim. the more significant aspect will be to establish HOW the diagnosed condition prevents the applicant from performing good and effective service for the employer in the hired position or any accommodated position.
We have obtained disability for individuals suffering from an array of physical injury, psychiatric injury, disease and illness. Often times, we secure disability for the applicant by explaining how a combination of diagnosed conditions prevent the individual from working on a full-time basis and how they meet the guidelines of disability.
In most instances, a claim for disability is usually established by showing how the diagnosed conditions negatively impact the applicant’s activity over a period of time. We utilize physician evaluation and treatment notes, surgical reports, physical therapy updates, rehabilitation analysis and clinical studies to support the worsening of the condition.
The experienced attorney coordinates appointments with the appropriate specialists, along with the necessary testing, to support injuries and illnesses which affect day-to-day activity and the ability to work. the successful claim will aggressively substantiate the appropriate detail to secure APPROVAL by OPM.
PLEASE VIEW OUR VIDEO GALLERY AND FREQUENTLY ASKED QUESTIONS (FAQ’S) SECTION FOR MORE INSIGHT AND ANSWERS TO COMMON QUESTIONS AND ISSUES.
Pitfalls, Problems and Considerations
Most people are not aware that the Office of Personnel Management receives thousands of applications for disability retirement per month. Consequently, it is vitally important that OPM gets everything that they need to review your claim on the first attempt or your decision could be delayed for months or years.
I have seen that federal employees attempting to secure OPM disability without the advice and counsel of an attorney have run into an array of snafus, which have led to significant delays or denials in the claims. We are later contacted and requested to appeal those denials.
Some of the issues of the uninitiated include:
- Failure to apply within one year from the date of separation from the employer.
- Failure to match the relevant medical conditions and restrictions of the employee to the disability guidelines and standards set out by OPM.
- Failure to provide a full medical composite, inclusive of corroborative testing, to support the medical opinion of the physicians relied upon to prove disability.
- Inability to secure and supply the appropriate relevant medical opinions with supporting rationale to document and prove the claim.
- Failure to ensure that all parts of the entire application are completed with the specificity required by OPM.
- Inability to work with the appropriate physicians to put the medical portion of the claim in the most advantageous light.
- Failure to work with the employer to ensure that decisions regarding denials of job offers and accommodated physicians don’t preclude the employee from consideration of OPM disability retirement.
- Failure to continue treatment and secure appropriate testing to assist physicians in the medical portion of the claim.
- Inability to appropriately pursue OPM disability while also pursuing Social Security disability.
- Inability to pursue OPM disability while working a part-time job.
- Failure of the employee to negotiate their way through the OWCP (Workers’ Compensation) claim while attempting to protect and perfect the OPM claim.
Do the Math
Some people represent themselves in their attempt to obtain OPM disability retirement. Others request the help of a friend or colleague who does not regularly secure OPM disability claims on a daily basis. it is important to understand that an incomplete or unsubstantiated claim before OPM will result in delays of 6 to 12 months or more, while DENIED claims take even longer to go through the appeal process. You should consider whether it is more prudent to simply hire a very experienced attorney to secure OPM on your behalf and get you PAID.
Our Peace of Mind Guarantee
If I accept your case, we expect to win your OPM disability claim. If we don’t win your case, we return 100% of our fee. I make that guarantee because I am supremely confident in our ability to secure OPM disability for every one of our clients. Contact me now to discuss your case with an experienced OPM disability retirement lawyer.