Blog

USPS FERS Disability: Stop the SSDI Pay Freeze – More Inside

If you’re a long-serving USPS employee that has lugged heavy satchel and done endless dismounts off your vehicle in order to deliver tens of thousands of packages and letters, you’re most likely suffering from some form of repetitive injury or, your knees or back have finally given out. In such instances, retirement from the agency is an option you have, and FERS disability retirement offers this path to you. Regardless of whether you’re a city or rural carrier and even a clerk, unexpected separation from the Postal Service means that your paycheck stops coming, and your immediate priority is to ensure you start receiving your FERS disability annuity within the shortest amount of time possible so you can cover your household utilities, mortgage and basic living expenses. You therefore set out to complete SF 3112 and SF 3107, ensuring that your medical records from various specialists are in order demonstrating definitive proof that you’re in no condition to continue working, and you are unable to render useful and efficient service in your position. 

However, it is not uncommon for the Office of Personnel Management or OPM to regularly introduce administrative fiction in order to frustrate you, and for the most part, it is the Social Security Disability Insurance (SSDI) backlog. According to federal law, FERS disability applicants are required to apply for SSDI because there is a statutory connection between the program and FERS disability benefits as per 5 U.S.C. § 8452. Over the last few years, there has been a growing backlog, and subsequently, massive processing delays at the Social Security Administration office where adjudications now take anywhere from 12 to 18 months.

OPM claims adjudicators have cynically started exploiting this backlog, lying to disabled postal workers that it is impossible to process their FERS retirement application or funds disbursed until Social Security Administration issues a formal determination. This effectively leaves you in a limbo of sorts where you receive no income or benefits for over a year, and are left destitute. If you’re in the process of applying for FERS disability benefits and feel that OPM is playing with your life and future, read on to find out how our best FERS disability benefits attorneys can help you recover compensation in the shortest amount of time possible. 

How a FERS Disability Attorney Can Help With OPM Delays and Denials

Are you looking for the best FERS disability attorney to fight an OPM denial? Please call the experienced federal employee attorneys at McCready Law NOW at (314) 481-63338 to learn more about how we can help you overturn medical rejections and secure your disability retirement benefits. The experienced injured federal worker attorneys at McCready Law bring to the table combined experience spanning over 90 years where we have helped federal employees and postal workers across the country navigate the Office of Personnel Management with speed, efficiency, and reliability. To date, we have recovered over $500 million for our clients, and our deep understanding of federal retirement statutes and appellate case law places us at a level that is unmatched in federal disability litigation. We have nationwide reach, handling cases on an agreed-upon, flat-fee basis, and your first consultation is 100% FREE. 

Regardless of where you live in the United States, McCready Law can assist with your FERS disability claim from start to finish, stepping between you and OPM to overturn unfair denials and force the release of your monthly annuity. Need to speak to someone regarding an OPM denial for lack of objective medical evidence? Call us NOW at (314) 481-63338 to learn more about our legal services – our intake coordinator is standing by to route your call to one of our experienced attorneys.

Federal Disability Retirement Secrets – How to Force OPM Adjudication and Interim Pay

What you’ll never hear from OPM adjudicators is that waiting for a final SSA decision is not legally required in order to pay out a FERS disability claim. According to 5 C.F.R. § 844.201(b)(1), the legal requirement is met if you are able to provide proof of application for SSDI, and not a completed adjudication. Therefore, OPM choosing to hold your claim in limbo is actually in unlawful.

Here are some of the ways in which our best FERS disability benefits attorneys fight for you:

  1. Enforcing the Proof-of-Filing Standard Under 5 C.F.R. § 844.201 – We file the SSA official application confirmation receipt into your OPM master retirement docket, and combine this with a strict statutory demand letter stating that their decision is against federal regulations, and that you have already met your legal obligation. 
  2. Utilizing Boyers to Force Immediate Interim Annity Release – Once medical approval is established, OPM has no standing to continue holding your payments hostage, all the while calculation SSA offset projections. We demand that your claim be sent to the OPM Retirement Operations Center in Boyers, Pennsylvania and that your interim monthly payments (60 percent of your high-three average salary for the first year) which helps provide you with essential cash flow while the government completes its calculations on the back end. 

FERS Disability Retirement Benefits Attorneys – Call Us Today

If you’re a USPS worker or any federal employee for that matter who has a disabling injury or illness, don’t let OPM treat your claim as an afterthought, using SSDI as an excuse to hold your benefits at ransom. Please call us NOW at (314) 481-63338 to learn more about how we can help reinstate your benefits. Remember, the call is 100% FREE, and there is no legal obligation, and we serve all disabled USPS and federal workers countrywide. Thanks for choosing us, and we look forward to helping you.