Monthly Archives: July 2012

SUCCESS STORY: DOMICILIARY ASSISTANT IN TEXAS

D is a 62 year old man who suffered from a myriad of conditions, including PTSD, depression, diabetes mellitus, diabetic neuropathy, heart disease and gout. As a veteran, he had served in the United States Army, where he endured many unfortunate events which led to the eventual diagnosis of his PTSD and depression. Fortunately, D was able to find a fulfilling job as a Domiciliary Assistant for the VA. He enjoyed his job and rendered useful and efficient service for a number of years.

However, his war experiences began to haunt him again and he became anxious, paranoid, and depressed. D was officially diagnosed with PTSD and depression after visiting the VAMC. These conditions began negatively affecting his work life, and he knew that something needed to be done. Upon the advice of his supervisor, D decided to apply for federal disability retirement benefits. To help him through this process, he contacted Harris Federal Law Firm. Despite ample medical evidence, the Office of Personnel Management (OPM) denied D’s application and he was forced to appeal to the Merit Systems Protection Board.

At the Merit System Protection Board level, it was discovered that the OPM somehow lost a number of D’s previously submitted medical records, which provided ample support to his claim for federal disability retirement benefits. Despite this mistake, the OPM decided to proceed at the appeal level. Harris Federal Law Firm resubmitted their case file to the OPM and the Board, along with updated medical records and a strong legal brief in support of D’s application. Upon reviewing the submissions, the OPM realized its mistake and reversed its position before a hearing could take place, thus granting the applicant his federal disability retirement benefits.

Harris Federal Law Firm

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Do I qualify for federal disability retirement benefits?

More often than not, injured federal employees think that they are only eligible for compensation if they are unable to work as a result of an injury suffered on the job. While this is the case for individuals seeking federal workers compensation benefits, federal disability retirement benefits do not require a federal employee to have suffered their disabling condition, injury or illness while on the clock.

To qualify, the federal worker must be employed with their federal agency for 18 months or longer, in a full-time position and be under the age of 62. Furthermore, applicants have up to one calendar year from their date of separation from federal service to apply if they are no longer employed in their position that they are seeking to be declared disabled from.

The Office of Personnel Management, the entity that determines who qualifies for federal disability retirement benefits, uses seven criteria to determine that eligibility. Applicants must show that they became disabled as a result of a medical condition that creates a deficiency in performance, conduct or attendance; causing the federal employee to be less than fully successful in their permanent, full-time position. Those wishing to qualify for federal disability retirement must also prove that their medical condition is defined as a disease or injury.

Harris Federal Law Firm

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