This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John Berry, Esq. & Kara Osborne, Esq.
With the changes that have come to the federal government in light of the Department of Government Efficiency (DOGE), we have seen an increase in federal disability retirement applications to the Office of Personnel Management (OPM) lately. Given the efforts to reduce the size of the federal government, it appears that DOGE may actually not be opposed to increased disability retirement filings by federal employees.
What is OPM Disability Retirement?
OPM disability retirement is an entitlement for federal employees under the Federal Employees Retirement System (FERS). This program allows federal employees who are unable to perform their essential job functions, due to a disability, to receive a retirement annuity early. The disability does not have to be work-related. However, the disability must have arisen or worsened while the employee was working for the federal government. In order to qualify, a federal employee in FERS must have: (1) at least 18 months of full-time service, (2) a disability expected to last at least one year, and (3) the inability to perform job duties with or without reasonable accommodation. This linked article provides tips for federal employees considering OPM disability retirement.
Issues that have Recently Come Up for Disability Applicants
A number of recent issues have caused the increase in OPM disability retirement applications. Many federal employees have previously worked under Reasonable Accommodations (RA), which allowed remote work. While many of these RAs have been honored, many have not. Some agencies have tried to reduce the amount of telework in these existing RA agreements. Individuals are understandably concerned about returning to the office only to have all of their RA-related telework taken away. Other federal employees also had telework agreements in place outside of the RA process. These remote work assignments enabled many federal employees with severe medical issues to continue working for the federal government. Since the government’s commitment to remote work has changed, as a result of OPM and DOGE efforts for a full return to the workplace, many federal employees with disabilities have started to consider OPM disability retirement as an option.
Individuals Struggling with Disabilities May Have Had Enough
Another reason for the increase in OPM disability retirement applications is morale. Many federal employees devote themselves to their position out of pride. The latest developments with Reductions-in-Force (RIF), the Deferred Resignation Program (DRP), and other issues have led to a serious morale issue for many federal employees. Many federal employees who have had serious disabilities have continued to work despite debilitating medical issues. Many federal employees have now come to the conclusion that they shouldn’t struggle with a severe disability any further. As a result, many individuals have decided to seek disability retirement due to a lack of appreciation.
Potential Pitfalls
There are some other disability retirement potential pitfalls that federal employees face with respect to the DRP and other departure incentives. One of these issues includes an unwritten rule where many agencies have been advising federal employees that if they take a DRP and then apply for OPM disability retirement, they may find themselves receiving a negative decision. There is nothing written about this issue yet, but federal employees should at least consider this possibility.
Quicker Processing by OPM
OPM also appears to be processing OPM disability retirement claims faster. While nothing has been specifically written about faster OPM processing times, we have received notes from several clients that disability retirement cases seem to be moving faster. OPM may have been given guidance to speed up the processing of disability retirement claims.
Seek Legal Guidance Before Filing a Disability Retirement Application
Given the unique criteria that OPM uses to decide OPM disability retirement applications, it is important to speak to experienced counsel before filing a claim. Getting legal advice early can help you decide whether or not a particular disability claim stands a good chance of being granted. Getting advice early can also help individuals gather important materials to support their OPM disability retirement claims before they apply. The process can be complex and is not as straightforward as OPM often describes.
Contact Us
Our law firm represents and advises federal employees in OPM disability retirement applications and reconsideration appeals. If you need legal assistance regarding a federal employment matter, please contact our office at (703) 668-0070 or our website to schedule a consultation.
