Federal Disability Retirement

Do you represent federal employees outside Tennessee and Kentucky?

Yes. FERS disability retirement is a federal benefit decided by the Office of Personnel Management, and appeals go to the Merit Systems Protection Board — neither is a state court. Leen Heresh is licensed in Tennessee and Kentucky, and represents federal employees in these matters nationwide. Everything is handled remotely.

Who qualifies for FERS disability retirement?

Six conditions have to be met together:

• At least 18 months of creditable federal civilian service.
• A disease or injury that prevents useful and efficient service in your current position.
• A condition expected to last at least one year.
• An agency certification that it cannot accommodate you, and has considered you for reassignment to a vacant position at the same grade and pay within the same commuting area.
• An application filed before separation, or within one year after it.
• An application for Social Security disability benefits.

Do I really have to apply for Social Security too?

Yes — it is a legal requirement, not a suggestion. A FERS disability application requires an SSA disability application, and if the SSA application is withdrawn, OPM will dismiss the FERS claim once Social Security notifies it. The two benefits also interact financially: for the first twelve months a FERS disability annuity is reduced by 100% of any Social Security disability benefit you receive, and after that by 60% of it.

What does it actually pay?

If you are under 62 and not eligible for voluntary retirement: 60% of your high-3 average salary for the first twelve months, then 40% of it, each reduced by the Social Security offset above — or your earned annuity if that comes out higher. At 62 the annuity is recomputed as though you had kept working until then. If you are already 62 at retirement, or already meet the age and service requirements for voluntary retirement, you receive your earned annuity instead.

Is this the same as workers' compensation?

No, and the two cannot generally be drawn at the same time. An approved OWCP claim does not entitle you to FERS disability retirement — a separate application to OPM is still required. If you qualify for both, the law makes you elect one. The narrow exceptions are a scheduled award, OWCP benefits arising from another person's death, and periods when OWCP payments are suspended because of a third-party settlement.

Is there a deadline?

Yes. OPM must receive the application within one year of your separation.

What happens in a consultation?

A scheduled conversation with Leen Heresh. Bring your position description, your medical records as you have them, and any correspondence from your agency or OPM. The scope of representation and the fee are agreed in writing before any work begins.