Should You Hire an Attorney for Your Federal Disability Retirement Application?
If you’ve been planning to apply for Federal Disability Retirement, you might be feeling overwhelmed. The application is long and complicated, and it can be hard to jump into that process while you’re already dealing with a medical condition. On the other hand, it’s not necessary to hire an attorney for the Disability Retirement application and hiring an attorney can be an investment. Not hiring an attorney, though, might end up costing you more.
Here’s four ways hiring an attorney might be worth it for federal workers.
Eligibility
It might seem simple to find out if you’re eligible to apply for Disability Retirement. If you meet the requirements, you’re eligible – right? Unfortunately, it’s not always that simple and there are often gray areas that make this a complicated process.
For example, one of the eligibility requirements is that you need to have become unable to do your job while you were working for the federal government. Let’s look at two examples:
- Let’s say you work on your computer and deal with paperwork all day and you get migraines. They’re so bad that you have to miss work sometimes. You struggle to sleep at night and when you’re at work, reading and looking at the computer screen makes it worse. Because of this, you aren’t able to get your work done.
- Or let’s say you suffer from migraines that are triggered by the lighting and noises in your office space. It’s so bad that you’re not able to pay attention at work and they cause you to miss work a lot. Because of this you aren’t able to get your job done.
One of these examples is much more likely to help you get approved for Disability Retirement, while the other isn’t. But do you know which is which? This is where an experienced attorney who has seen plenty of cases like yours comes in handy.
And remember, this is just one of the requirements for eligibility for Disability Retirement.
Medical Records
One of the most important parts of your application for Disability Retirement is your medical records. This is where you’ll show that you really need the benefit. It’s definitely possible to get your own medical records, but it can be a challenge to know what’s really helpful. The OPM is picky when it comes to medical evidence, so having an attorney that has experience working with them can make all the difference.
Application
The application is long and confusing, with complicated wording and specific requirements. It is possible to do it on your own, but it can take anywhere from 12-18 months to process and get your decision. It’s easy to make a mistake, and if you make just one or two on accident, you could end up delaying your decision for another year or even losing your case. This can set you back, but it can also be serious if you’re already out of work and not getting income. Having the guidance of an experienced attorney will help you save time, worry, and helps reduce your risk of making mistakes that could set you back.
Appeals
We represent clients through all three stages of the process – initial, reconsideration, and MSPB. We know that it’s possible to file a claim on your own successfully, but if you get denied you only have a short window of time to appeal that decision. You can hire an attorney then, but the longer you wait, the more pressure and less time you have.
There’s no right or wrong answer, but the peace of mind that comes with hiring an experienced attorney who will take the weight off your shoulders and help you get your best chance at success may be worthwhile.
How to Choose the Right Federal Disability Retirement Attorney
The decision to hire a federal disability retirement lawyer should not be taken lightly. Having legal representation is extremely beneficial when building your case; however, you want to be sure you hire someone who has experience helping federal workers. Research your options thoroughly when choosing who to hire to represent your case. The following is a list of attributes you should consider when hiring a federal disability retirement attorney.
Hire an Attorney Who Has Experience With Federal Disability Retirement Claims
Few attorneys are familiar with the federal system, so it’s important you hire an attorney who has experience in the field. Navigating the claims process with the Office of Personnel Management (OPM), or if your claim is denied twice, the Merit Systems Protection Board (MSPB), is difficult and tedious. If you are going to hire a legal representative for your claim, you want to be sure it’s someone who knows the system, and is well established when it comes to representing federal workers. This is considerably more important than simply hiring a local attorney because they are local. Too many federal workers make the mistake of hiring a local general practice attorney to represent their case, rather than finding someone who concentrates their practice in federal disability retirement. Just as you wouldn’t want to hire a neurosurgeon for their first surgery, you should seek a federal disability retirement lawyer that has represented many successful cases.
Harris Federal Law Firm has offices in Lexington, KY, Washington D.C., and Austin, TX, but we successfully represent clients from all across the country. In this area of law, experience is especially important. Don’t be afraid to search outside of your local area when trying to find an attorney who has extensive experience with federal disability retirement claims.
What Are The Fees? Do They Offer Union Discounts?
Most people who are hiring a federal disability retirement attorney anticipate having to leave their current job, which may cause financial stress. Don’t be shy when asking your attorney about legal fees. Some attorneys charge a flat fee to take your case, while others may charge by the hour. If the attorney charges an hourly fee, ask them to provide an estimate on how much time they will spend working on your case. Hiring an attorney is an investment, and you should feel confident you’re getting your money’s worth. Some law firms also offer special discounts for union members. If you’re a member of union, you should definitely inquire about any cost reductions.
Are They a Good Communicator?
You want your Federal Disability Retirement lawyer to be someone you can trust, and to establish that level of assurance, you need to have an open dialogue. Your legal representative should be able to restate your goals clearly and concisely, and be responsive to any questions you may have. You need to be confident your attorney is representing your best interest. If the lawyer seems distracted, forgets key aspects of your case, or won’t return your phone calls, you may want to seek legal representation elsewhere.
Do They Have Former Clients Who Are Willing To Describe Their Experience?
Thanks to the Internet, it isn’t difficult to find client reviews and testimonials. Most law firms have Facebook pages, which include client reviews. Do your research and see what former clients have said about the firm. Also, don’t be afraid to ask the attorney if they have former clients who will be willing to speak with you over the phone or in person. Most clients who have had a positive experience are excited to share their story with prospective clients.
They Should Be Passionate About Helping Federal Workers
A lawyer who is passionate about what they do, is generally more knowledgeable about the law, aims for success and will be better equipped to handle your disability retirement case. Legal work can at times be wearing and arduous, you want your attorney to be someone who loves their career, and is committed to the mission of helping federal workers. If the federal disability retirement lawyer doesn’t seem to have a sense of accomplishment for assisting federal workers, they are not the attorney you should hire.
Ready to Get Started?
Harris Federal Law Firm has represented thousands of federal employees and helped them file successful Disability Retirement claims and we’d be honored to represent you too. If you’d like to see if we’re the right fit for you, call our office for a free consultation today.
