Federal Employee Law – Denial of Disability Retirement
Denied Disability Retirement? Talk to a Federal Employment Attorney
If you develop a disability that prevents you from doing the essential functions of your job, you may be eligible to apply for disability retirement benefits. Disability retirement provides benefits for federal employees — if they are qualified. When you take disability retirement, you receive payments, which cover you until you reach retirement age. Then you may retire under the regular federal system benefits.
In some cases, federal employees may be denied their disability retirement benefits. This is when you need to consult with a skilled federal employment attorney. Los Angeles-based attorney Ronald P. Ackerman has many years of experience working on federal disability retirement cases and can help you navigate through the often complicated system of appeals. Contact him today for assistance.
The Disability Retirement Process
One thing to remember about disability retirement for federal employees is that you don't have to have suffered an injury or illness at work in order to qualify. However, you do need to meet certain requirements. To qualify you must:
- Have been in your federal position for at least 18 months
- Have an illness or injury which is expected to last at least one year
- No longer be able perform the essential functions of your job
- Demonstrate that your employer cannot accommodate your medical condition
If you meet the requirements for a Federal Disability Retirement and your application for benefits is denied, you have the right to appeal the denial. Your federal employment attorney can assist you in this process:
- First, you should request reconsideration from the Office of Personnel Management (OPM)
- If this is denied, you can appeal the denial to the Merit Systems Protection Board (MSPB)
- If the MSPB appeal is unsuccessful, your lawyer can help you Appeal your case as high as the Unites States Circuit Court of Appeals.
The appeals process can be quite complex and time-consuming. An experienced federal employment attorney understands the system and how to collect all the documents and paperwork you will need to prove your case.
Get Help from a Los Angeles Disability Retirement Attorney
If you are a federal employee and want to apply for disability retirement benefits — or have been denied the benefits you deserve — get in touch with Ronald P. Ackerman, P.C. I focus solely on federal employment law and am ready to assist you. Contact my offices for a confidential consultation at 310-649-5300 today.