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.
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.
