Like many employees in the private sector, federal employees and civil service employees many not be aware of the disability benefits available to them. In fact, most people don't even think about disability benefits until they need them. This can be a problem because the latest statistics estimate that one out of every five American workers will experience a disability that impairs their ability to work for more than six months, and one in seven will be disabled for a period of five years or more. More alarming, in the 35 to 65 year age group, 30% of those working individuals will experience a disability that lasts at least 90 days, and one-fifth of that age group will be disabled for five years or more.

A disability can happen to anyone.

Get To Know Your Federal Benefits . . .

In the event of a debilitating physical or mental illness or injury, federal employees and civil service employees both are eligible for disability annuities under the Federal Employee Retirement System (FERS) or the Civil Service Retirement System (CSRS). Many people mistakenly believe that unless they are bed-ridden or confined to a wheelchair, they are not considered disabled and cannot obtain disability benefits. This is incorrect. You can qualify for a FERS or CSRS disability annuity if the disability you have prevents you from performing your job as you had always performed it. (For example, if you are a mail carrier and you suffer a back injury, you still may be able to lead a relatively normal life, but may not be able to deliver mail door-to-door.)

Are You Eligible For Federal Disability Under FERS Or CSRS?

Although there is some cross-over between the Federal Employee Retirement System (FERS) and the Civil Service Retirement System (CSRS), each has its own eligibility requirements, and there are slight differences.

In order to file a disability claim under FERS:

   •  You must have completed at least 18 months of service on-the-job;

   •  You must have become disabled while working in that system;

   •  Your disability must be expected to last at least one full year;

   •  The Employing Office (your employer) cannot accommodate you in your current position (i.e., regardless of any special considerations afforded to you by your Employing Office, you still cannot perform your job); and,

   •  You must not have turned down an offer or reassignment with the same pay grade, pay level, or tenure in the same commuting area.

In order to file a federal disability claim under CSRS:

   •  You must have at least five years of service on-the-job;

   •  You must have become disabled while working in that system and must prove you cannot perform your duties;

   •  Your disability must be expected to least at least one full year;

   •  The Employing Office (your employer) cannot accommodate you in your current position (i.e., regardless of any special considerations afforded you by your Employing Office, you still cannot perform your job); and,

You must not have turned down an offer or reassignment with the same pay grade, pay level, or tenure in the same commuting area.

What To Do Next . . .

If you become disabled, first you will have to file a claim and the process can be lengthy as well as complicated. Your application and paperwork should be complete and accurate, and should be submitted within the specific timeframe set by the Office of Personnel Management (OPM). Any error, omission or missed deadline may result in your benefits being much delayed or even denied.

You are required by OPM to submit medical documentation as proof of your disability, including reports by your treating physician as well as all specialists. You also will need to complete and submit the appropriate Summary of Federal Service form for your category. Additionally, you will need to submit your current job description, performance standards, and your most recent performance appraisal. It is important to remember that the omission of any of these required documents may cause your federal benefits to be delayed or denied.

Regarding the time limits, you have exactly one year to file for disability after leaving your job (separating from service). If you miss this deadline, your claim could be denied. Even if you do everything right, there still is a chance that your claim could be denied. While you do have the right to submit a request for reconsideration, that request must be made to the OPM within 30 days after the denial.

Seek The Advice Of Counsel . . .

The FERS/CSRS disability process is not intended to be clear-cut; it is cumbersome. Therefore, the most prudent course of action is to seek the advice of an experienced federal disability attorney before you file a claim. A knowledgeable attorney knows exactly what documentation to submit, is aware of any changes in the process or the law, and is on top of all tight deadlines. In addition, if an attorney is handling this for you at the outset, he or she already will have all of your paperwork in the event you need to file a request for reconsideration.

At our firm, DeHaan Busse LLP, we provide our federal disability clients with free consultations. This way, our clients know before filing whether disability retirement is a viable option for them.

John W. DeHaan, partner & chief litigator at DeHaan Busse LLP, Federal Disability Attorneys, is a member of the American Bar Association, the Nassau County Bar Association, the Suffolk County Bar Association, the Federal Bar Council, and the National Organization of Veterans' Advocates (NOVA).

For more information about federal disability retirement or civil service disability retirement, visit: dehaanbusse.com. Or, call 631-582-1200.