Read Our Legal Blog - Law Office of Aaron Wersing (2024)

Jun 16, 2023 | By Aaron D. Wersing | Read Time: 6 minutes | Federal Retirement

How Do I Calculate FERS Retirement With a Calculator?

Figuring out how to calculate FERS retirement can require some work. But luckily, we can help with calculating this for you. A FERS disability retirement calculator is exactly what it sounds like. It is a tool you can use to calculate the amount of payment you will receive if you retire due to a disability. Of course, this calculator tool is applicable only if you are a federal employee retiring through the FERS disability retirement program. For immediate assistance, please don’t hesitate to contact or call (833) 833-3529 to reach our experienced FERS disability lawyers. How is FERS Calculated? A FERS disability retirement pay calculator works just as any other calculator does. You give the calculator a set of inputs and parameters, and the calculator gives you an answer. The output could be your annual payment (referred to as an annuity). Or it could be your monthly or weekly payment. On the other hand, your output could be the total amount of money you will receive over X amount of time (36 months, 20 years, etc). It all depends on what you ask the calculator to give as its output. It is up to you. Many of the FERS retirement calculations depend on your high-3 salary. OPM defines your high-3 as the highest average basic pay you earned during any 3 consecutive years of service. Your basic pay is your basic salary paid for your position. This includes salary increases for which FERS retirement deductions are withheld, such as shift rates. It does not include payments for overtime, bonuses, etc. Further, if one’s total service was less than 3 years, the average salary is figured by averaging basic pay during all periods of creditable Federal service. The best way to find your high-3 average salary is to get a FERS benefit to estimate from your Agency. This report will show the official figures that will be sent to OPM. While the OPM website does not have a specific calculator tool, they publish information on how they make the calculations online. Here, we summarize those guidelines. FERS Disability Computation If You Have Reached the Age of Retirement If you are age 62 or older when you retire due to a disability, the following FERS calculation applies. The calculation also applies if you meet the age and service requirement for immediate voluntary retirement and suffer from a disability. This calculation is known as an “earned” annuity since you have otherwise met the qualifications for retirement benefits. ‘ The calculation goes one of two ways. If you are 62 or older when you retire and have less than 20 years of service with the federal government, or are under 62 years old but qualify for immediate voluntary retirement, your annuity calculation will be 1% of your high-3 average salary for each year of service. Thus, if you serve eighteen years, your annuity is 18% of your high-3 average salary. Your high-3 average salary is the highest average basic pay (minus overtime) you receive for three consecutive years during your employment. If your salary tops out at $65,000 for three years, that’s your high-3 salary. If your annual salary was $55,000 three years before your disability, then $65,000 per year for only two years before the disability, your high-3 average salary is the average of $55,000, $65,000, and $65,000. If you are 62 years old or more and have at least 20 years of service to the federal government, your annuity calculation is different. Your annuity calculation is 1.1% of your high-3 average salary for each year of service. So if you have 20 years of service at this point, your annuity is 22% of your high-3 average salary. Because the calculations for disability retirement for someone 62 years old or older are the same as regular voluntary retirement, it generally does not make sense to apply for FERS disability if you are at least 62 years old. FERS Disability Computation If You Have Not Reached the Age of Retirement For these calculations, the assumption is that you are under the age of 62 at the time of retirement and not eligible for voluntary retirement at that time. There are 3 tiers given: For the first 12 months, your annuity calculation will be as follows: Your base annuity is 60% of your high-3 salary. If you receive social security, the total amount of your social security payment is subtracted from your FERS annuity as a 100% offset. If your “earned” FERS annuity is greater than this amount, your earned annuity will be your annuity payment. After the first 12 months, before you reach age 62, your base annuity calculation will be reduced to 40% of your high-3 year salary. If you receive social security, 60% of that amount will be drawn from your annuity. Just like the first 12 months, your “earned” annuity will be your annuity payment if that amount is greater than the base annuity (minus the social security offset). Once you reach age 62, FERS will recalculate your annuity from that point on. It will be the annuity you would have had if you were able to work until the day before you turn 62 and retire under FERS. In other words, the service computation reverts to the one we outlined above. What Are Disability Annuity Reductions? In some situations, your disability annuity can be reduced due to elections made during the application process. The main situation where this happens is when you are married and have a survivor benefit election. Unless your spouse consents to you electing a smaller than ‘full’ survivor annuity (which you establish at the beginning of your employment term), your annuity faces a reduction of either 5% or 10%. If you elect survivor benefits that are 50% of your benefit, a reduction of 10% occurs. On the other hand, if you elect survivor benefits of 25%, a 5% reduction occurs. Other reasons for a reduction in your annuity include when you choose to retain health benefits...

Jun 9, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Differences Between FERS Deferred Retirement and FERS Postponed Retirement

For federal employees contemplating retirement, understanding the nuances between different retirement strategies is essential. Except for a few very senior employees, most federal workers fall under the Federal Employee Retirement System (FERS). It’s particularly important to understand whether FERS deferred retirement or FERS postponed retirement is a better fit for your circ*mstances. In this article, we’ll clarify the difference between these two different retirement options and help you understand which one might be better for you. However, if you need specific advice for your situation, then contact a competent FERS disability retirement attorney today. Understanding Your Options: FERS Deferred or Postponed Retirement First, we need to explore what the terms “deferred retirement” and “postponed retirement” mean. Although these options fall under the FERS, they each operate under distinct circ*mstances and hold unique implications for retirees. Deferred retirement is typically for FERS employees who leave federal service before they reach the minimum retirement age (MRA). You can apply for deferred retirement if you have at least five years of creditable civilian service. However, bear in mind that you can’t withdraw your contributions to the retirement fund. If you do, you won’t be eligible for deferred retirement. On the other hand, postponed retirement is an option for FERS employees who have reached their MRA and have somewhere between 10 and 30 years of service. Postponed FERS retirement allows you to delay receiving retirement benefits to avoid the age reduction penalty. What Are the Differences Between Deferred Retirement and Postponed Retirement? Besides the eligibility requirements and the retirement benefits that we just mentioned, there are several other differences between deferred retirement and postponed retirement. Insurance Benefits One critical difference lies in health insurance and life insurance benefits. Under FERS deferred retirement, you are not eligible to continue receiving either Federal Employees Health Benefits (FEHB) or Federal Employees Group Life Insurance (FEGLI) after you leave federal service. If you choose to postpone your retirement, you can reinstate your FEHB and FEGLI when you begin to receive your annuity. However, to receive these benefits, you need to show that you were enrolled in these programs at least five years before your separation. Survivor Benefits Another key difference involves survivor benefits. If you die while receiving a deferred retirement annuity, no survivor annuity is payable. This is because you have to receive an immediate annuity that began within 30 days of your separation to be able to receive survivor benefits. By contrast, FERS postponed retirement can sometimes pay out survivor benefits to your loved ones if you pass away before receiving your annuity. Thrift Savings Plan FERS deferred and postponed retirements also differ when it comes to the thrift savings plan (TSP). All employees under FERS benefit from the TSP. Furthermore, deferred retirees and postponed retirees can withdraw their TSP funds. However, if deferred retirees can withdraw their TSP funds after they separate, they will have to pay the IRS’s early withdrawal penalty if they are below the age of 59 and 6 months. However, postponed retirees do not have to pay the early withdrawal penalty because they are already at their MRA. Cost of Living Adjustments Lastly, FERS deferred retirement does not offer cost-of-living adjustments (COLAs) until the retiree reaches the age of 62. Conversely, retirees under FERS postponed retirement can receive COLAs as soon as they begin receiving their annuity, even if they are under 62. Is There a FERS Deferred Retirement Calculator I Can Use? Many people find it helpful to visualize their retirement options with a retirement calculator. While OPM offers a general formula for calculating your FERS retirement, they do not offer a calculator specifically for deferred retirement situations. If you’re looking to calculate your potential retirement sums, it’s best to contact an experienced federal retirement attorney. Let Us Help You Determine Whether FERS Deferred Retirement or Postponed Retirement Is a Better Option While this article provides a basic understanding of the interplay between different kinds of retirement, it’s only a foundation. The truth is that retirement decisions can be complex. In addition, the choices you make for your retirement will have tremendous effects on your life down the road. Consequently, it’s prudent to reach out to a knowledgeable federal attorney who can give you the advice you need. Our team of adept attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is deeply knowledgeable about the nuanced legal factors intrinsic to FERS deferred and postponed retirement cases. In addition, we share an abiding passion for helping the dedicated civil servants who make our country’s government run effectively. Together, we can help you understand which retirement option is best for you in light of your circ*mstances. We’ll then take the steps necessary to put your plan into motion, including helping you complete your application for deferred or postponed retirement under FERS. If necessary, we’ll work with your agency to ensure that your legal rights are respected and that you receive the retirement benefits that you rightfully deserve.We offer free consultations for all clients, so there’s no reason not to reach out. Contact us today to set up your free initial appointment by calling us at 866-612-5956. You can also visit our website online.

Jun 9, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Disability

Disability Rights for Federal Employees: Understanding Your Rights

Our society is constantly changing. However, ensuring equitable rights and opportunities for everyone is still a top priority. This includes individuals with disabilities. If you are a federal employee with a disability, then you need to know about the full scope of your rights. Let’s explore the existing federal laws and how they protect you in the workplace. Have more questions after reading this article? Contact an experienced federal employment attorney today. What Are My Rights as a Disabled Employee? There are a significant number of disability rights for federal employees. Most of these rights stem from two laws: the Americans with Disabilities Act and the Rehabilitation Act. The Americans with Disabilities Act (ADA) The ADA is a comprehensive civil rights law that was first enacted by Congress in 1990. It prohibits discrimination based on disability across various public and private sectors. Just a few examples are employment, transportation, and telecommunications. That means you cannot receive different treatment just because you have a disability. However, to receive protection under the ADA, an individual must have a disability. In the context of the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. You are also considered disabled under the ADA if you: Title I of the ADA is particularly useful for federal employees. This section requires employers with more than 15 employees to provide equal employment opportunities to qualified disabled individuals. This includes non-discrimination in recruitment, hiring, promotions, training, pay, social activities, and other aspects of employment. Employers must also provide reasonable accommodations for employees with known disabilities. The only exception is when accommodating the employee would cause undue hardship for the employer. The Rehabilitation Act of 1973 Although the ADA has broad applicability to all kinds of employers, the Rehabilitation Act explicitly targets federal sector activities. Section 501 of the Rehabilitation Act prohibits federal agencies from discriminating against qualified individuals with disabilities. It also mandates federal agencies to take proactive steps in hiring, placing, and advancing individuals with disabilities. The Rehabilitation Act’s legal standards for discrimination in the federal workplace are the same as those standards in the ADA. Of particular note for federal employees is Section 504. This section stipulates that no qualified individual with a disability shall suffer discrimination through any program or activity receiving federal financial assistance. Similarly, individuals with disabilities cannot be the target of discrimination under any program or activity conducted by any executive agency or the United States Postal Service. Just like the ADA, the Rehabilitation Act calls for reasonable accommodation for known physical or mental limitations unless such accommodation would impose an undue hardship on the operations of the recipient’s program. Interplay Between the ADA and the Rehabilitation Act As you may have already noticed, the Rehabilitation Act and ADA complement each other very well. Although the ADA does not cover federal agencies in the executive branch, the Rehabilitation Act fills this gap. In doing so, it extends protections to federal employees similar to the disability rights for employees under the ADA. Federal employees can lodge any discrimination complaint with their agency’s Equal Employment Opportunity (EEO) counselor within 45 days of the discriminatory action. It’s also worth noting that Congress significantly broadened the ADA’s definition of disability under the ADA Amendments Act (ADAAA) in 2008. Part of the reason for the ADAAA was to align the ADA more closely with the Rehabilitation Act’s broader scope. This was a significant milestone in ensuring that the laws fully encompass those they were designed to protect. The Takeaway for Federal Employees In essence, federal employees with disabilities receive protection from two robust laws – the ADA and the Rehabilitation Act. Both laws work toward ensuring equal opportunities, inclusivity, and fair treatment inside and outside the federal workplace. However, the path to justice starts with awareness. Knowing your rights under these laws is the first step in maintaining a fair and equitable workplace. Whether it’s about seeking a reasonable accommodation or combating discriminatory practices, don’t hesitate to assert your rights. A disability does not define your potential or your worth, and the law is here to uphold your right to equal treatment under the law. Get the Legal Help You Need Today At the Law Office of Aaron D. Wersing, PLLC, our outstanding legal team possesses a deep understanding of disability rights for federal employees. We can also help you determine whether you are eligible for federal employee disability retirement benefits. Whatever the exact issue, we are deeply committed to supporting federal employees with disabilities. Our highest priority is to ensure they receive the rights given to them by the law. Because of our dedication to disability rights, we offer free consultations to all potential clients. During that session, our lawyers will work to hear your concerns and outline your legal options. Stand up and defend your legal rights today. Schedule your free consultation by calling us at 866-612-5956 or visiting our website.

Federal Employees Health Benefits (FEHB) Overview

There are a variety of work-related benefits for federal employees compared to those employees working in the private sector. Chief among these benefits is the government’s health benefits. However, understanding the nuances of your healthcare benefits as a federal employee is essential if you want to make the most of them. Furthermore, these benefits often influence both your present and future well-being. Consequently, we’ve developed this overview of the Federal Employees Health Benefits (FEHB) program. Read on to learn more about FEHB and how it compares to healthcare options for private-sector employees. What Is the Federal Employees Health Benefits Program? Throughout the many years we’ve practiced law, federal employees regularly ask us, What is the Federal Employees Health Benefits program? FEHB is one of the most comprehensive employer-sponsored health benefits programs in the United States. It caters to both current and retired federal employees, providing a broad spectrum of health insurance plans. FEHB offers more than 200 health plan options. Various options include fee-for-service (FFS) plans, health maintenance organizations (HMOs), and point-of-service (POS) products. FEHB also offers high deductible and consumer-driven health plans. These options enable federal employees to choose a plan that best meets their health needs and budget considerations. Are Federal Employee Health Benefits Good? Absolutely. For one, the sheer extent of federal benefits is higher. This is one reason federal employees receive an estimated $6 to $8 per hour more in benefits than their private-sector colleagues. There are a number of other, more specific advantages to consider. One of the best facets of the FEHB program is its inclusivity. Regardless of your medical history or pre-existing conditions, FEHB guarantees your eligibility to enroll. This is a huge advantage because only 70% of private-sector workers had medical care benefits in 2022. Many of the remaining 30% face exclusion because of common pre-existing conditions. Furthermore, the FEHB program also extends coverage to your family members, including spouses and dependent children. FEHB Benefits: Better Coverage and Higher Competition Another benefit of the program is that it offers a wide range of coverage. FEHB plans offer coverage for things like: Moreover, FEHB offers nationwide and even worldwide coverage. This helps guarantee that federal employees and retirees maintain their benefits even when they relocate across the world. One more positive feature of FEHB is that it fosters competition among health plans. This results in competitive pricing and better coverage for employees and their loved ones. The government contributes a significant portion towards the premiums (up to 75%), making it more affordable for federal employees. Finally, government employees pay health premiums on a pre-tax basis, conferring a significant tax advantage. FEHB: The Benefits Continue in Retirement A significant highlight of the FEHB program is that it continues into retirement. This means that federal retirees can enjoy the same benefits they had when they were active workers for the federal government. That said, there are a few eligibility requirements. To maintain FEHB coverage in retirement, you generally need to have been covered by the program for the last five years of your federal service. If you have fewer than five years of federal service, you need to have enrolled in FEHB at the earliest opportunity when you started federal work. In general, retirees receive the same health benefits as active employees. Nonetheless, they pay slightly more for coverage because they do not receive the tax advantage as government workers. However, the government continues to pay a substantial share of the premiums. Still Curious to Learn More About Your Federal Health Benefits? Give Us a Call Today Now you know the answer to the basic questions on this issue, like, What is FEHB? Yet this article only provides a general overview of the FEHB and the benefits it offers. If you have more specific questions or need additional information, it’s best to contact an attorney. However, it’s important you contact a qualified federal employment attorney. No attorney can specialize in every area of law, so you need someone with years of experience with all aspects of federal employment law. Fortunately, you’ve come to the right place. Our team of professionals at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is ready to meet any federal employment need. We want you to feel secure in your federal health benefits and in every other benefit you enjoy as a federal employee. We recognize that federal employees do the nation a great service by dedicating themselves to public service. Therefore, it’s important to us that you enjoy every facet of your federal benefits. Concerned about the cost of an attorney? Don’t be. Because of our passion for serving federal employees, we offer free consultations for all our clients. Take advantage of this opportunity to get the legal help you need. You can get in touch with us by calling us at 866-612-5956 or contacting us online.

What is Federal Sick Leave Abuse

Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Abuse of sick leave in the federal workplace is a serious issue that all federal employees should try to avoid. Sick leave abuse laws exist which can carry significant penalties for those who misuse their sick leave. There are also a few ways that supervisors can spot and investigate sick leave abuse by federal employees. If your supervisor has accused you of being a federal employee who’s committed sick leave abuse, contact a federal employee sick leave abuse lawyer right away. When Is It Okay to Use Sick Leave? The Office of Personnel Management (OPM), a federal agency that regulates the employment policies of most other federal agencies, states that federal employees may use sick leave when they need to: OPM does not define what constitutes an abuse of sick leave. That said, it’s reasonable to assume that any use of sick leave for reasons other than those listed above could constitute “sick leave abuse,” especially if done repeatedly and within a short period of time. Common signs of sick leave abuse are: If an agency discovers that an employee is committing OPM sick leave abuse, the employee can face discipline. An employee can even face removal from federal service. What Employers Can Do About Sick Leave Abuse While OPM does not define sick leave abuse, it does establish procedures for employers to require evidence from employees who request sick leave. Specifically, an agency may require “administratively acceptable evidence” before granting sick leave. The definition of “administratively acceptable evidence.” For example, if an employee requests sick leave to care for a family member, the agency may require that the employee provide proof of their relationship with the family member. If an employee claims sick leave to visit a doctor, the agency can request a doctor’s note that confirms the visit. Do You Need a Federal Sick Leave Abuse Attorney? Accusations of sick leave abuse are no joke. If you have been accused of abusing sick leave, you could be counseled, reprimanded, suspended, or even removed from your job. So if your supervisor has accused you of sick leave abuse, you need to contact a sick leave abuse attorney immediately. When looking for an attorney that can help you defend your rights, it’s absolutely essential that you select someone who has familiarity with your situation and the federal workplace. At the Law Office of Aaron D. Wersing, PLLC., we concentrate on representing federal employees and protecting their rights. Our firm has the experience needed to help federal employees who have been accused of misconduct.Even if you aren’t sure whether you need an attorney, it takes no time at all to contact us. All initial consultations are free, so don’t take any chances with your career. Contact us today.

May 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

FERS Disability Retirement Eligibility

Individuals often remind government workers of the advantages of their positions. But if you were for the federal government, you may at times feel trapped and without rights. This is especially true for workers who have a disability. Federal Employees Retirement System (FERS) disability eligibility is complex. Many federal employees are not aware of this program’s existence. Others, while aware, may lack proper guidance and feel hindered from accessing the benefit they are entitled to, and left without options. An experienced federal disability lawyercan help fight for your rights. Please don’t hesitate to call our firm at (833) 833-3529 or contact us online today for assistance. Understanding Federal Employees Retirement System Disability Benefits Defining FERS FERS stands for Federal Employees Retirement System and is a retirement plan. Most new Federal civilian employees hired after 1983 are automatically covered by FERS, whereas prior to this point most employees were covered under CSRS. Federal civilian employees also have a TSP retirement, however, individuals must note that FERS and TSP (Thrift Savings Plan) are not the same. TSP is an optional retirement option, separate from your FERS pension. Understanding Federal Employees Retirement System Disability Eligibility So, are you eligible for disability? The United States government’s Office of Personnel Management provides apamphletregarding FERS disability retirement. However, it can often leave the reader more confused than confident in their understanding. FERS disability retirement eligibility is very complex. Itinvolves financial and legal information best analyzed bya lawyer for federal employees. The purpose of Federal Employees Retirement System disability benefits is to provide income to federal workers who: Unfortunately, workers most entitled to FERS eligibility are often overwhelmed and face many obstacles due to their disabling condition. Tackling Federal Employees Retirement System disability benefits may appear impossible. However, FERS disability retirement eligibility, when met, provides important rights. AFederal Employees Retirement System disability benefits lawyerknows how to fight for this right. FERS Disability Retirement Eligibility Requirements As stated above, an initial hurdle to obtaining FERS disability benefits includes proving that a disability impacts you to the point where you can’t be expected to adequately perform your duties for at least one year. That is just the start. In addition the worker: Another critical item to note is that the worker must have applied for Federal Employees Retirement System disability benefits while still employed or within one year after separation from the job. Financial Impact After Proving FERS Disability Retirement Eligibility If the government approves your Federal Employees Retirement System disability benefits, the amount of your benefit will depend on intricate calculations. The amount of benefits is different for each individual. Calculating disability benefits currently includes an analysis of earnings at various points in the person’s career and an age review. An employee can get an accurate picture of available benefits by requesting a FERS benefits estimate from their agency. The Complexity of FERS Disability Retirement Eligibility The aforementioned is only a brief overview of examinations required regarding FERS eligibility and a successful application for FERS disability benefits. Here are some additional stipulations to note: The Injury When determining disability, there are several medical considerations as well as exceptions. Common injuries that might support a claim for FERS disability benefits include: Psychological conditions can also support a claim for disability benefits, though they can sometimes be trickier to document than some physical injuries. Essentially any mental or physical disability that impairs your ability to work may qualify, such as PTSD, depression, anxiety. Alternate Job Offer Any job offer the government makes to the disabled party should be at the same pay level the person is receiving or higher. It also must be within the same commuting area. Both of these requirements must be met to invoke the requirement that the party accepts the offer, assuming it would actually accommodate the disability. SSDI Anyone applying for FERS disability retirement eligibility must also apply for SSDI (Social Security Disability Insurance ). However, it is not required that SSA approve the SSDI application. Other Work Income If the government provides the worker with FERS disability benefits, they cannot keep their federal job, as they proved an inability to perform the job due to a disability. However, they may be able to work in a private-sector job. There are strict income requirements regarding this option. Importance of Legal Representation for Federal Employees Retirement System Disability Benefits Disabilities can cause tremendous stress. When a disability impacts one’s ability to work, the stress understandably increases. In some cases, those same workers begin experiencing discrimination, resentment, or retaliation in the workplace. Top-notch Federal Employees Retirement System disability benefits attorneyswill offer relief and protection. Individuals should never forget that they have the right to: A federal employer may fail to acknowledge one’s disability or inform them of the rules regarding FERS disability retirement eligibility. Other times, the employer may discourage the worker from pursuing benefits. Also, workers may feel overwhelmed with applying for Federal Employees Retirement System disability benefits. If you find yourself in this situation, you should speak with alawyer clients trustwho is knowledgeable in Federal Employees Retirement System Disability Benefits. Contact Our FERS Disability Retirement Lawyer at The Law Office of Aaron D. Wersing, PLLC Attorney Aaron Wersing graduated from the Georgia State University College of Law and received the CALI Excellence for the Future Award. Since that time, he has continued a path of excellence as the founding attorney for the Federal Employment Law Firm of Aaron D. Wersing, PLLC. Aaron’s practice includes the evaluation and resolution of a diverse variety of federal employment matters. Aaron is an advocate who knows how to handle any federal employment case brought before him. Call (833) 833-3529 or fill out theonline contact formfor a free consultation.

Federal Workplace Harassment: A Federal Employees’ Guide to Understanding Your Rights

Workplace harassment continues to be a problem at federal agencies, with the U.S. Equal Employment Opportunity Commission (EEOC) reporting that most of the claims filed in 2019 were related to harassment. Federal employees should familiarize themselves with applicable harassment laws. These laws not only protect employees’ rights but can also potentially eliminate future incidents of harassment. If you believe you were the victim of workplace harassment while working in a federal government position, it’s time to contact an experienced federal workplace harassment attorney who can help. What Is Considered Harassment in the Workplace? Some people assume workplace harassment is just another term for sexual harassment. However, sexual harassment is only one type of workplace harassment that employees may suffer. Harassment can be verbal, psychological, physical, or in the form of online bullying. Workplace harassment occurs anytime an employee suffers unwelcome or unwanted conduct based on: Harassment becomes illegal when the conduct creates an intimidating or hostile work environment or is offensive to reasonable people. There is a threshold test, whether the harassment is sufficiently severe or pervasive. Minor annoyances or petty slights will not typically rise to the level of federal law unlawful workplace harassment. Examples of illegal workplace harassment include offensive jokes, physical assaults, racial slurs, intimidation, and conduct that interferes with work performance. Sexual harassment can include requests for sexual favors, unwelcome sexual advances, quid pro quo harassment, or other physical or verbal harassment of a sexual nature. In many cases, sexual harassment is not overt or physical; it’s often masked in comments or banter, making future encounters uncomfortable and awkward. Sexual harassment victims can be female or male. They may even be of the same sex as their harasser. In 2019, sexual harassment claims accounted for 10.3% of the EEOC’s total complaints. Harassment of a federal employee also includes retaliation for engaging in protected EEO activity. Anti-discrimination laws provide that harassment against people in retaliation for filing a discrimination complaint or engaging in other protected EEO activity is illegal. This protected activity includes someone who has filed a discrimination charge or participated in an investigation, or other EEO-type proceedings, requested a reasonable accommodation, or provided testimony in another employee’s EEO complaint. Complaints involving retaliation comprise more than half of all complaints filed with the EEOC. Out of 72,675 complaints filed in 2019, 39,110 involved retaliation. When Are Employers Liable for Workplace Harassment? Federal employers can be held liable for workplace harassment even when they are not directly involved. An employer must take reasonable action to prevent any harassment in the workplace. If harassment has occurred, the employer must take swift corrective action. Federal agencies will be automatically liable for harassment by someone in a supervisory position that resulted in termination, loss of wages, failure to hire or promote, or other negative employment action. Suppose a supervisor’s alleged harassment resulted in a hostile work environment. In that case, the employer could be held responsible unless that employer can prove that it took appropriate preventative and corrective measures, and the involved employees did not follow the applicable policies. Harassment by non-supervisory employees or non-employees the employer controls, like a customer or independent contractor, is handled a bit differently. Employers are only held liable if they knew or should have known about the harassment and did not take swift and necessary corrective action. The best way to eliminate workplace harassment is to prevent it before it happens. Agencies should have an effective grievance or complaint process so that employees can report any unwanted conduct immediately. Speaking with employees about harassment and establishing anti-harassment training for both supervisory staff and employees are essential components of harassment prevention. What Can Employees Do About Harassment in the Workplace? When harassment occurs in the federal workplace, employees must take action to try and stop it. Employees can start by trying to resolve the issue at the lowest level, speaking directly with the person who has committed the harassment. It’s important to communicate that you find the behavior or words offensive. If the harassment continues, employees should follow the applicable reporting procedures for their employer. Report the conduct early on to keep it from escalating. Employees can also file a complaint with their agency’s EEO office, which eventually could come directly before the EEOC. Consult With An Experienced Federal Employee Lawyer Today If you are a victim of federal workplace harassment, it may affect your work performance. The job you once loved may now be a source of extreme stress. You may experience difficulty sleeping, mood swings, or other symptoms as a result. Taking action to stop unwanted conduct can help you feel better. Putting a stop to workplace harassment can protect you and your federal career that you’ve worked so hard for over the years. Don’t let someone get away with workplace harassment. Speak with a skilled federal workplace harassment lawyer who can help you understand your legal options. At the Law Office of Aaron D. Wersing, our focus is federal employee law, including workplace harassment. We can advise you on the best course of action and guide you through the process of reporting the unlawful harassment you have suffered. Our primary goals are to protect your rights and to make the harassment stop. Contact our office or give us a call at (866) 901-2142 to schedule an initial consultation or to speak with a federal workplace harassment attorney.

May 3, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Disability

Am I Eligible for Federal Disability Retirement with Mental Health Conditions?

If you are a federal employee with mental health conditions, you’re probably thinking about your financial future. What if your condition worsens? What if you’re not able to continue your work? In our legal work, we find that many federal employees with mental health conditions are interested in federal disability retirement. Perhaps you are in the same situation. We’ll discuss the federal laws and regulations surrounding disability retirement and mental health conditions. For more detailed questions, it’s best to contact a qualified federal employment attorney. Am I Eligible for Federal Disability Retirement with Mental Health Conditions? It’s possible. There are many mental health conditions that qualify for federal disability retirement. A few examples include: Many other mental health conditions could also qualify. It all depends on whether you meet the general standards for disability retirement. The same standards apply to federal disabilities, regardless of whether you have a physical or mental disability. How Do I Obtain FERS Disability Retirement? The first step is showing you have a disability. Second, you must prove your disability prevents you from doing your job. For both steps, you will need to furnish medical evidence supporting your claim. This evidence may include medical records, doctors’ opinions, and other documentation that reveal the severity and extent of your condition. You will probably have to explain how your disability affects your ability to perform your duties. It’s important to know that the federal government has specific criteria for what constitutes an eligible disability. These criteria include the following: Finally, you must apply for disability retirement within one year of being separated from your job and apply for social security benefits. Why You Should Contact a Federal Retirement Attorney for Your Disability Retirement Application As you can see, applying for federal disability retirement is complex. For that reason, you should seek legal assistance from a federal attorney experienced in handling disability retirement cases. An experienced federal disability retirement attorney can help you with several key tasks. Reason #1: An Attorney Can Help You Understand the Process An attorney can help you understand the steps involved in the application process. This includes what forms you need to fill out and what medical evidence you need to provide. They can also advise you on presenting your case to the Office of Personnel Management (OPM). With their knowledge and experience, they can guide you through the process and ensure that your application is completed correctly and efficiently. Reason #2: An Attorney Can Maximize Your Chances of Approval Attorneys, especially those who specialize in disability retirement cases, know the common mistakes and pitfalls that can lead to application denials. Things like missing or incorrect information, typos, and bureaucratic demands from your agency can all lead to denials. They can identify and address those problems before submitting your application to OPM. This helps maximize your chances of approval and avoid unnecessary delays or appeals. Reason #3: An Attorney Can Protect Your Rights OPM sometimes mistakenly rejects a sound disability retirement application. Other times, your agency might torpedo or impede your application. You might even experience retaliation from your employer. In these situations, a disability retirement attorney can help you understand your legal rights and options. Furthermore, they can represent you in all kinds of hearings, meditation sessions, and appeals. Due to their legal training, attorneys know how to put the legal system to work for you. Disability for Mental Illness: A Legitimate Option for Federal Employees Am I eligible for federal disability retirement with mental health conditions? Asking this question is the beginning of your journey toward a successful federal disability retirement application. With the right support and legal assistance, you can receive the benefits you are entitled to under federal law. So if you have a mental health condition and are considering filing for federal disability retirement, get the help you deserve right away. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, our team of skilled attorneys understands the complex legal and medical issues involved in disability retirement cases. We apply that knowledge to provide effective legal representation to our clients. We are passionate about helping federal employees struggling with mental health conditions navigate the system and get the benefits they deserve. When you contact us for a free consultation, we will take the time to listen to your concerns. We’ll answer your questions and explain your legal options. Our attorneys will be with you every step of the way to secure your future. Contact us today for a free consultation at 866-612-5956 or visit us online.

What Is a Protected Disclosure in a Federal Whistleblower Case?

Under federal whistleblower law, a protected disclosure is a report of wrongdoing or misconduct made by an employee or contractor of the federal government. The disclosure must be made in good faith. In addition, it must concern several specific types of allegations, such as a violation of a law, rule, regulation, or other legal requirement. You’re probably reading this article because you’re considering blowing the whistle on your employer. You may very well feel overwhelmed, scared, or anxious. But the good news is that federal law provides protections for whistleblowers. More than that, you don’t have to fight this battle alone. Contact a qualified federal employment attorney for assistance today. First Things First: What Protection Is There for Whistleblowers? Two legislative cornerstones work together to protect whistleblowers. The first is the Whistleblower Protection Act (WPA), and the second is the Whistleblower Protection Enhancement Act (WPEA). The WPA Congress originally passed the WPA in 1978, but it has been updated several times. The WPA specifically protects federal employees who make protected disclosures about government misconduct. It also prohibits retaliation against employees who disclose things like waste, fraud, abuse of authority, or violations of law, rules, or regulations. Finally, the WPA furnishes a process for whistleblowers to file complaints to the Office of Special Counsel (OSC) and seek remedies for retaliation. Thanks to the WPA, federal employers can’t take adverse personnel actions against an employee who makes a protected disclosure. And what are adverse personnel actions? They include, but are not limited to: If an employee experiences retaliation, they can file a complaint with the OSC within 45 days of the adverse action. The OSC will then investigate the complaint. If it finds evidence of retaliation, it can take corrective action, including reinstatement, back pay, and attorneys’ fees. The WPEA In 2012, Congress passed the Whistleblower Protection Enhancement Act (WPEA), which strengthened the legal protections for federal whistleblowers. The WPEA clarified and expanded the definition of a protected disclosure, making it easier for employees to qualify for whistleblower protections. The WPEA also expanded the WPA’s scope to cover more employees. Newly covered personnel included Transportation Security Administration employees and intelligence community employees. Even government contractors received coverage under the WPEA. The WPEA provides several key additional protections for whistleblowers. For one, it adds a mechanism for whistleblowers who experience retaliation to get temporary relief. The WPEA also empowers a whistleblower to request a stay of an adverse personnel action while their complaint is pending. If the OSC determines that the employee has a substantial likelihood of success on the merits, it can request they receive reinstatement while their complaint is pending. So What Is a Protected Disclosure in a Federal Whistleblower Case? Now that you know more about key whistleblower legal protections, let’s dive into the issue we mentioned at the beginning of this article. A protected disclosure is a release of information by a federal employee that demonstrates evidence of: Those categories provide sweeping protections to all kinds of statements. Protected statements can be made to a supervisor, the Inspector General, or even Congress. However, many disclosures still fall outside the definition of “protected disclosures.” For instance, a personal grievance or report of general workplace dissatisfaction probably won’t count as a protected disclosure. Nor will a general complaint unrelated to any illegal activity or safety concerns. Three Examples of Protected Disclosures To help drive the point home, let’s imagine three potential real-world scenarios involving protected disclosures. Example #1 Jane is a federal employee working for the Department of Agriculture. One day, she discovers her supervisor has been illegally selling government-owned land to a private company for personal gain. Jane reports this misconduct to her agency’s Office of Inspector General. This would count as a protected disclosure under the WPA. Example #2: John is an applicant for a position with the Environmental Protection Agency (EPA). After his interview, he stumbles upon evidence that a high-ranking official in the agency has been tampering with data to downplay the impact of a hazardous chemical on public health. John decides to share this information, a protected disclosure, with the agency’s Office of Special Counsel. Example #3: Sarah works for the Department of Defense. She has been assigned to a project that she believes poses a serious risk to national security. She brings it up to her supervisor first, but he orders her to stay quiet. As a union member, she decides to contact a union steward and file a grievance to disclose the information. You Don’t Have to Fight Wrongdoing on Your Own. Let Us Help. Legal assistance is crucial if you are considering making a protected disclosure. It’s even more critical if you think you are facing whistleblower retaliation. Many wrongdoers in the government resort to intimidation and threats to protect themselves. And often, whistleblower complaint procedures become complicated quickly. Don’t go it alone. Trust our team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC. Our attorneys have extensive experience handling whistleblower complaints before the OSC. When you consult with us, we will listen to your story and apply the law to your situation. Then we will inform you of your legal options and potential next steps. Let’s collaborate to safeguard your rights and secure your fair compensation. Time is of the essence, so don’t wait another moment. Call us today at 866-612-5956 or contact us online.

Apr 26, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Can You Still Work While on FERS Disability?

Many federal employees rest easy knowing they have a disability retirement option in the federal government. Under the Federal Employees Retirement System (FERS), employees who are unable to perform their job duties due to a medical problem may be eligible for disability retirement. However, that doesn’t always mean you have a secure financial future. Most civil servants need additional income to supplement their federal disability payments. Despite this need, many federal employees choose not to work because they think having another job will make them ineligible for disability retirement benefits. But this raises some important questions. Can you still work while applying for disability benefits? Can you still work while on disability? The answer is that you can work while on FERS disability under certain conditions. Read on to learn more about the rules and regulations governing working while on FERS disability. We’ll separate the myths from the facts so that you can take action to secure your future. Overview of FERS Disability Retirement FERS provides a comprehensive retirement and disability program for federal employees, including disability retirement benefits. You need to fulfill two requirements to be eligible for FERS disability retirement. First, you must have completed at least 18 months of creditable federal civilian service. Second, you must suffer a disability that makes you unable to successfully perform your job duties. The second requirement can take some time to complete because agencies will try to provide you with reasonable accommodation first. Your agency may also try to reassign you to another position. The Office of Personnel Management (OPM) is responsible for processing disability retirement applications and making determinations on eligibility. An employee approved for FERS disability retirement will receive a monthly annuity payment based on their length of service and the highest three years of average pay. Can You Still Work While on FERS Disability? Yes. As OPM itself makes clear, federal employees who receive FERS disability retirement benefits can generally work in the private sector without seeing a loss of their benefits. That said, there are restrictions on how much income they can earn from their employment. OPM sees federal employees in either one of two categories. If you are under age 60, OPM will stop paying your disability annuity if they determine you can earn a certain level of income. That amount is 80% of the current rate of base for the position you had when you retired. OPM will send you a survey form called “Annuitant’s Report of Income.” In this survey, you must state all income earned from wages and self-employment. If you hit the 80% threshold, you will lose your disability benefits. You won’t lose your benefits immediately. Instead, you will not receive those benefits for six months after the end of the year that you hit the 80% mark. There are no earnings limits for federal employees who receive Social Security Disability Insurance (SSDI) benefits in addition to FERS disability retirement benefits. However, they must still meet the eligibility requirements for both programs and report their earnings to both the OPM and the Social Security Administration (SSA). Situations That May Cause You to Lose Your Disability Benefits OPM guidance specifies that you can lose your benefits in several other ways. One trigger for losing benefits is regaining employment in a position similar to your prior federal position. Another way involves periodic medical reviews. OPM will periodically review your disability eligibility. If they decide to review your case, they will ask you to obtain updated medical paperwork from your doctor. They will also inquire about your employment status. If your doctor communicates that you no longer have a disability, your disability payments will end. Furthermore, if you fail to respond to OPM’s requests, they will suspend your disability benefits. What If I Am Age 60 or Older? If you are 60 or older, the situation changes significantly. OPM will conduct a periodic medical review only at your request. Moreover, the 80% threshold mentioned earlier in this article will not apply. That means you can work a private job paying more than your former government job while receiving your disability annuity. How to File for FERS Disability Retirement To apply for FERS disability retirement, federal employees must complete and submit Form SF 3107, Application for Immediate Retirement. You’ll also need to submit supporting medical documentation and other required forms. You send the application to your agency, which will forward it to OPM for review and determination. The application process for FERS disability retirement is often complex and time-consuming. Working with an experienced FERS disability retirement lawyer can help ensure your application is successful. What About CSRS Disability Retirement? While this article has focused on FERS disability retirement, it’s important to note that it doesn’t cover all federal employees. A few, more senior employees may fall under the old Civil Service Retirement System (CSRS). The CSRS has a separate disability retirement program with its own set of limitations. Contact us today to learn more about your disability retirement options under the CSRS. Let Us Help You Overcome Federal Disability Retirement Challenges If you are a federal employee considering applying for FERS disability retirement, you need legal assistance. You will probably also benefit from a lawyer if you are on disability retirement benefits and interested in working. In either scenario, the Federal Employment Law Firm of Aaron D. Wersing, PLLC, can help. Our experienced attorneys specialize in representing federal employees in a wide range of legal matters. In addition, we pride ourselves on providing incredible customer service and excellent outcomes. We offer free initial consultations, so you have nothing to lose by letting us review your case. Reach out to us today.