Build an OPM application that tells the complete medical and employment story.

The Law Offices of Stephen J. Dunn handles all aspects of the disability medical retirement process for federal employees who have become disabled and prevented from efficiently performing the duties of their position. This representation includes assisting the employee in preparing a disability retirement application, obtaining the proper medical documentation, or appealing an adverse OPM determination to the Merit Systems Protection Board.

To qualify for disability retirement benefits, a federal employee must meet the following requirements:

Completion of 5 years of credible federal civilian service under CSRS or 18 months of federal civilian service under FERS. Have a disability (or several) which prohibit you from performing useful and efficient service in your position. Have a disability (or several) which prohibit you from performing useful and efficient service in a vacant position in the same agency at the same grade or pay level and tenure for which you are qualified for reassignment. Disability is expected to last one year. The employing agency was unable to make reasonable accommodation for your medical condition. Must not been separated from the employing agency for more than one year.

An OPM Medical Disability Retirement pays you 60% of your "high 3" for the first 12 months and 40% of your"high 3" every subsequent year until age 62.

The OPM "high 3" average salary is the highest average basic pay earned by a federal employee during any 36 consecutive months (3 consecutive years) of creditable service. This is typically the last three years of federal service.

Also, every year you receives an annuity, counts toward a regular retirement and at age 62, the OPM automatically recalculates the annuity from the temporary disability percentage to an "earned" regular retirement amount as if you had continued working until the day before turning 62.

At age 62, the OPM makes the following adjustments to your annuity:

If your actual service, plus the credit for time as a disability annuitant equals less than 20 years:

1 percent of your high-3 average salary for each year of service

If your actual service, plus the credit for time as a disability annuitant equals 20 or more years:

1.1 percent of your high-3 average salary for each year of service Total Service used in the computation will be increased by the amount of time you have received a disability annuity.

Average Salary used in the computation will be increased by all FERS cost-of-living increases paid during the time you received a disability annuity.

You can receive a Schedule Award from the OWCP while receiving an OPM retirement annuity if you have an accepted OWCP claim for a body part listed in the "Schedule." However, you cannot receive OWCP compensation pay at the same time as receiving an OPM retirement annuity. Schedule a consultation today to determine how our attorneys can help you obtain a Schedule Award from the OWCP.

If you are currently receiving compensation pay, you may elect to receive your disability retirement annuity payments, upon approval, at any time. If OWCP decides to terminate your benefits, you may then elect to receive your annuity.

Once approved, you may work another job as long as your salary does not exceed a set amount.

You must complete all application forms and submit them with medical evidence to your Agency or OPM, depending on how long you have been separated. Your Agency must also complete necessary forms and submit to OPM as part of this process. Following receipt of your application, the OPM may ask for additional information to process your application. If the OPM does not receive all necessary evidence to accept your application, a denial may be issued. You will have 30 days to submit a Request for Reconsideration to the OPM. If the OPM continues to deny your application, you will have 30 days to request an appeal to the Merit Systems Protection Board.

This can be a daunting process as Employing Agencies are often unresponsive to requests to complete necessary documents and the OPM deadlines to provide additional information are only 30 days.

To obtain legal help with your OPM application or denial, reach out to our experienced attorneys. We offer personalized consultations to discuss your specific situation. Contact us today to start your journey towards resolution.