Fed emply (US) applyin for disability

[Bob]

Just wondered if there are any others out there in the same fix.  I am a Fed emply (US) and am in the FERS retirement plan.  it is under that plan that I am applying for disability.  I struggle with Fatigue and am often not able to think clearly or even stay awake.  I am just starting to think about looking for legal representation but, most of what you find is for SSA disability not FERS (Federal Emply Retirement System). 

I am just wondering how much such representation would cost.

thanks,

Bob

[foxgrove]

I have done a little looking into this and came up with a few websites and some info that might be very important to you...

I normally do not get involved in discussions concerning hiring an attorney, fees, etc., but I want to clarify one issue:  accepting a case on a "contingency fee basis" is normally based upon a contingency -- meaning, a future occurrence of some lump sum.  That is why, in personal injury cases and in Social Security Disability cases, where there is a certainty of a "lump sum" from which an attorney can obtain fees for his or her services, a contingency fee is logical and, in the case of Social Security, is statutorily mandated.  In Federal Disability Retirement cases, however, there is no certainty of a "lump sum", because many Federal and Postal employees continue to work while awaiting a decision for Disability Retirement.  Further, there is no mechanism whereby OPM would place the representing attorney's name on any funds, as is the case in personal injury cases.  As such, I am not aware of any attorneys who handle Federal Disability Retirement cases on  a contingency basis.

Sincerely, Robert R. McGill, Attorney
http://community.lawyers.com/forums/t/117949/582610.aspx#582610

Now, the more digging I do, the more I find this guy's name being bounced around.  I guess his no fee consultation attracts a lot of interest as does his blog on federal disability retirement.  Sadly, there aren't many that advertise specifically for FERS.  Here is what I've been able to come up with so far:

http://andalmanflynn.com/fers-indianapolis-in/ -> they are actually IN Indianapolis.. no idea on fees.

http://federaldisabilityattorney.com/ -> Robert R. McGill's firm... They're in Maryland but do legal work in Indiana as well.  It sounds like their fee for Federal Disability Retirement is $5,000 and can be payed off in installments without interest.  They also offer a 10% discount if you can scratch up the total up front which would make it $4500.

I did find something very interesting that seems to fit with your situation quite appropriately...

...you're not required to accept just any position that your employer offers. Your employer must offer you a position with the same pay, grade level, and in the same commuting area as your previous position. If your employer is unable to offer such a position, you are entitled to disability retirement benefits.
http://workers-compensation.lawyers.com/fers-csrs-disability-retirement-compared-to-owcp.html
In this last one, I realize the subject matter may not appear to correlate to your situation but when you separate out the workmans comp stuff, the statement still applies.

I'm still digging... If I find anything juicy out there, I'll be sure to pass it your way.  Just know that you remain in my prayers, Bob.  You are not fighting this alone.  

[Bob]

Fox,

first of all... How do you know so much about US Fed disability?  Aren't you from Canada? 

Reading through some of your post I may have already messed myself up.  Although I didn't accept a "Reasonable Accommodation"  I may have done worse.  the dept I work in offered me 3 positions from which to choose.  All 3 were of a lower grade and lower responsibility.  I "chose" the lowest offer because I knew I couldn't do the job in the other two.  so, I dropped 3 grades but, they put my step up as high as they could so my pay took less of a hit.  so now I am doing this job but still having trouble and am afraid I might get fired. 

Addititionally, it has become clear that I cannot hire a lawer to help with all of this.  so, with my inability to be clear in the evenings ( or even the day) I don' t know how I am ever going to get this done

Thanks a million for trying to help with this!!@!

[Bob]

Fox

I just remembered... At the time I was "demoted' I was told that they could not offer a "reasonable accommodation" because of the situation.  In order for that to be offered my current job would have had to simply cease to exist.  In my case the job still existed - I just wasn't capable of doing it any longer.  this is why my organization offered me the choices.  this is, of course, IF they were telling the truth!

thanks again,

Bob

[foxgrove]

I read.... a LOT!!!    Yup, I'm a Canadian but I've gotten more and more informed about the disability systems of several other countries as I helped folks out.  Hope it's not too much...

In any case, I, personally, don't think they've done right by you... their explanation sounded like a load of hooey, but I'm really not sure about all the legality of the thing.  I really think that you should talk to that Robert McGill fellow as his advice is free, I imagine it's still very applicable even if you don't hire him.  As far as moving to a lower pay, I really don't think that's going to change anything as the calculations seem to all be based on your highest 3 years of pay.  As well, there is a recent change that will allow you to wait your SSDI application until after you've received your FERS approval.  At that point, though, it's mandatory that you also apply.

I found it very interesting that you were forced to move to a lower paying job that didn't have your responsibilities.  Isn't that in itself evidence of a disability?  I know that a lawyer would use the statute that exists for this but as a layperson, I urge you to just stick to the facts and let the legal part sort itself out.  We play the fool when we act as if we are a lawyer.  They look plenty foolish all on their own. 

I did find some informational links for you to use.  They're from a smattering of different federal government branches but it's all the same bowl of mush...

Federal Employee Retirement System (FERS) Disability Package http://www.wfm.noaa.gov/benefits/retire_packages/fers_disability.html

Ten Dos and Don'ts in filing for Federal Disability Retirement Benefits -> http://www.fedsmith.com/2010/09/29/ten-dos-donts-filing-federal-disability/

FERS Forms and Calculators -> http://www.federalretirement.net/fers_disability.htm

Basic FAQ for FERS -> http://federaldisabilitylawyer.com/frequently-asked-questions.html

I hope some of this helps.  I know you can do this, lawyer or not.  Just lay into it a little at a time but don't delay.  Now is the time to strike, while the iron is still hot!!!  

[ronr]

http://groups.yahoo.com/group/Disinissues


You will have to join this group but they are made up of retired soc.sec. folks and should be able to help you navigate the maze even if it is FERS.

[foxgrove]

Thank you Ron... I was looking for that and in my fog I couldn't find it.    One of the best resources out there from what I've seen!!!