Disability Benefits Law

FERS Disability Retirement Annuity

Civilian federal employees who are covered under the Federal Employees Retirement System (FERS) for at least 18 months can apply to retire and receive a disability annuity if they establish that a medical condition prevents them from performing “useful and efficient” service – that is, the medical inability to perform your job, even with reasonable accommodation –  for at least one year.

Andalman & Flynn handles disability retirement cases for federal employees nationwide. Our attorneys help you navigate the complex process of applying for disability retirement. We can also help you fight a denial of your application for disability retirement.

Our team of experienced disability attorneys can answer all of your questions and represent you through the initial application process at the Office of Personnel Management (OPM), as well as any necessary request for reconsideration at OPM and appeal to the Merit Systems Protection Board (MSPB), which will typically involve a trial before an administrative judge.

Our disability lawyers can also advise and represent you on issues that may arise out of your health problems, such as:

• Proposed removals and other disciplinary actions
• Claims for reasonable accommodations
• FMLA disputes

Short-Term & Long Term Disability Benefits

If you work in the private sector and have a medical condition that leaves you unable to perform your duties, you may be entitled to short-term or long term disability benefits (STD and LTD) or disability income benefits (DI).

The attorneys at Andalman & Flynn can help you get the disability benefits you’re owed.

Many workers obtain LTD insurance coverage through group policies provided by their employers and. regulated by ERISA (the Employee Retirement Income Security Act of 1974).

Insurance companies rarely have your best interests at heart! The disability attorneys at Andalman & Flynn will help you understand the terms of your employer-sponsored disability policy and maximize your chances of claim approval.

We can help you avoid exclusions, such as for pre-existing conditions, and limitation clauses, such as for disabilities caused by emotional illnesses.

We can also assist with severance agreements, FMLA claims, reasonable accommodations, and COBRA issues related to short-term and long term disability.

We represent claimants on initial application, administrative appeals, and Complaints to court. We also represent clients on reviews regularly conducted by the insurance company.

We strongly recommend workers considering disability leave carefully review the insurance contract and obtain experienced legal representation prior to filing any application.

State of Maryland Disability Retirement Benefits

The Maryland State Retirement Administration (SRA) provides eligible employees with a disability retirement annuity, as well as continued health insurance coverage when serious injury or illness permanently prevents an employee from performing his or her job duties.

Andalman & Flynn represents State of Maryland employees at all stages of the application and appeal process for Maryland state employee disability retirement. We can help you file for:

• Ordinary disability retirement benefits
• Accidental disability retirement benefits
• Special disability retirement benefits
• Service-connected and non-service-connected disability retirement benefits

Our disability lawyers can also help with related issues regarding use of the Family Medical Leave Act (FMLA), reasonable accommodations, and the Sick Leave Bank.

Frequently Asked Questions

How will the insurance company decide if I am entitled to long term disability benefits?

The long -term disability insurance company will consider medical records, vocational information, information provided by your doctor, and any other information that you submit to the insurance company in support of your claim.

How long can I receive long term disability benefits?

Generally, you can receive disability benefits until you reach retirement age, as long as you remain disabled. The insurance company periodically reviews claims, and if your condition improves, it could be determined that you no longer meet the criteria for benefits and your benefit payments could be suspended.