Federal Employees Retirement Systemyou (FERS)
Federal Disability Retirement (FDR) Benefits
At Andalman & Flynn, we fight for and defend the rights of federal workers and United States Postal Service workers across the country to protect and secure their financial future. Both federal workers and postal workers are covered by the same retirement systems.
All new federal workers and postal workers since the late 1980s are covered by FERS, the Federal Employees Retirement System. Workers who have been in the federal system longer than that may be covered instead by the Civil Service Retirement System (CSRS).
If you need legal representation to obtain FERS or OPM benefits, contact the federal disability lawyers at Andalman & Flynn.
Federal Disability Retirement Benefits in Montgomery County
You may need to take advantage of the FDR benefits for which you have been making contributions from your salary during your tenure as a federal employee. But you likely have questions about exactly how comprehensive your FDR benefits will be.
We have put together this brief guide to understanding your Federal Disability Retirement benefits, but invite you to contact us with any questions or to schedule a FREE consultation with our Federal disability attorneys serving Maryland, including Montgomery County.
Where do Federal Disability Benefits come from?
The Federal Employees Retirement System (FERS) pays disability benefits to federal employees in Maryland who become disabled after completing at least 18 months of creditable federal civilian service.
Do I only need to apply to FERS?
Qualified federal employees who apply for disability benefits under FERS must also apply for Social Security Disability Insurance (SSDI) benefits, or show that they are not eligible for SSDI.
How will my Federal Disability benefits be calculated?
Retirement benefits under FERS are based, at least in part on, the “high-three” years’ average salary. High-three average salary is the highest average annual pay you received during any three consecutive years of service, including shift rates, night shift differential and within- grade increases. It does not include payments for overtime, bonuses, etc.
If you are covered under FERS, you will receive 60% of the figure you just calculated for your “high-three” for the first year of disability, and 40% of that figure for each year thereafter until age 62, at which time you will automatically be transferred over to your FERS regular retirement benefit.
The amount you receive is coordinated with any social security disability benefits you are awarded. For the first year, when you receive 60% of your high three, there is an offset of 100% of any SSDI benefits you receive. Thereafter, your FERS annuity is only reduced by 60% of any SSDI benefit you receive. If you do not win SSD, then there will be no reduction or offset for the SSD benefit.
OPM will begin payment of a FERS disability retirement annuity once is has approved the application, received a copy of a receipt of application for SSDI benefits and proof from the Agency that the applicant has been separated.
Although your payments cannot start until your official separation from your position, it will be retroactive to the last day in pay status (LDIP). Thus, the annuity will retroactively cover any final period of leave without pay. The LDIP includes pay for work or leave, including sick leave, annual leave, administrative leave, donated leave or any other paid leave. Back benefits can be substantial for workers who have been on leave without pay (LWOP) for a significant period of time prior to their application for disability retirement being approved.
Federal Disability Lawyers in Maryland
Are you a federal worker covered under FERS who has become unable to work due to a medical condition? The federal disability lawyers at Andalman & Flynn can help. We have experienced and knowledgeable attorneys who can answer any questions you may have and represent you through all stages of the initial application process as well as any necessary appeals, including going before the Merit Systems Protection Board (MSPB). We will put together the pieces of the puzzle to appropriately present your claim and maximize your chances of having your application approved. We have an extremely high success rate on these cases and invite you to read about some of the individual Federal Disability Retirement cases we have won in the Maryland area and nationally.
Contact us today for help applying for Federal Disability Retirement benefits and receive the legal experience and dedication you deserve in Maryland.