We are a Law Firm Who Knows and Understands the Federal Workplace, committed to representing federal employees who have experienced unlawful discrimination, harassment, retaliation, or unfair disciplinary actions
Federal Disability Retirement is a benefit available to qualifying federal employees who, due to illness or injury, can no longer perform the essential duties of their position. This program, administered through the U.S. Office of Personnel Management (OPM), provides income replacement, continued service credit, and the ability to maintain federal benefits during medical separation from the workforce.
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Under FERS, an employee may qualify if:
• At least 18 months of federal civilian service
• Medical condition expected to last at least one year
• Condition prevents useful & efficient service in current job
• Agency cannot accommodate or reassign to similar-role
• Employee applies for Social Security Disability (SSDI)
(Under CSRS, minimum service period is five years.)
Important: The disability does not need to be work-related.
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A disability retirement packet typically requires:
• SF-3112 forms (Employee, Physician, Supervisor, Agency certification)
• Medical records documenting impairment & limitations
• Job description and duties affected by disability
• Evidence of denied accommodations/reassignment
• SSDI application confirmation
If OPM denies the application, reconsideration and MSPB appeal options exist.
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SF-3112 Form Packet:
https://www.opm.gov/forms/pdf_fill/sf3112.pdf
OPM Disability Retirement Overview:
https://www.opm.gov/retirement-center/fers-information/types-of-retirement
MSPB Appeal Rules:
https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-844
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• Monthly annuity (60% first year, 40% thereafter until age 62)
• Continued FEHB/FEGLI eligibility if criteria met
• Service credit accrues while on disability retirement
• At age 62 recalculates as if employee continued working
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• You may qualify even if you are still working
• Disability does not need to be job-related
• SSDI approval not required (only application)
• A pre-existing condition may still qualify
• Medical performance issues may prove disability
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We assist with:
• Preparing full medical/legal application packets
• Physician declarations & impairment documentation
• Responding to agency accommodation findings
• Reconsideration filings & MSPB appeals
• Protecting FEHB/FEGLI and retirement rights
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Levine Federal Law
Phone: tel:2245047558
Website: https://levinefedlaw.com/
Email: gary@levinefedlaw.com
We help federal employees nationwide — contact us for a free consultation.