Disability Benefits

Insure Your Families Future. Know what disability benefits you have available.

Federal Employee Retirement System (FERS):An individual working for the Federal Government is eligible to receive a disability retirement annuity if he or she suffers a debilitating physical or psychological illness or injury. The disability retirement annuity is coverage in addition to the Basic Benefits Plan, and is mandated under the Federal Employees Compensation Act.

Federal Employees: If you currently are working and struggling with a disability, you may want to consider filing for a FERS disability retirement annuity. Here are five (5) good reasons you should consult with an attorney knowledgeable in FERS disability law BEFORE filing a claim:

1. There are numerous forms to fill out, and each form requires extremely detailed information.  When you are compiling the information you need to submit, there is the possibility you might leave something out – something pertinent to your claim.  An attorney knowledgeable in FERS disability law will review your claim forms to insure their completion and accuracy.  An attorney can help you to avoid making a mistake on your application, and it always is easier to avoid a mistake than to correct one.

2. An attorney who handles FERS disability claims will know of any changes in the law, requirements or limitations that may affect your claim.  An attorney will be on top of all deadlines that must be met in order to file a FERS disability claim successfully. Bottom line: he or she will know the law.

3. When you file a FERS disability claim, you will need to submit complete medical documentation.  An attorney well-versed in FERS disability law will know precisely what medical information is necessary in order to obtain a successful outcome.

4. There always is the possibility that your claim will be denied.  If you retained an attorney BEFORE filing your original claim, that attorney already will have all the information he or she will need to evaluate your case for a potential request for reconsideration.  This can save you substantial time.

5. And finally, navigating through the FERS disability claims process can be overwhelming, particularly if you are suffering from a disabling illness or injury.  Retaining an attorney knowledgeable in FERS disability law will save you tremendous stress and aggravation.  When you’re disabled, you need to focus on getting better, not on applying for benefits.

Contact DeHaan Busse LLP today for a FREE evaluation.

Individual Disability Insurance Policies: A private insurance policy purchased by an individual which provides a monthly benefit if a disability renders them unable to work or reduces the amount they can work. These individual disability policies are governed by the law of the state in which they are issued.

Group Disability Insurance Policies: An insurance policy through a professional organization or other similar group which provides a monthly disability benefit. These policies are also governed by state law.

Long-Term Care Insurance Policies: In addition to providing “nursing home” benefits, these policies frequently provide a daily benefit to a disabled person.

Premium Waiver Benefits on Life Insurance Policies: Life insurance policies often continue a person’s coverage at no charge to the individual during periods of disability. The disabled individual has to notify the insurance carrier of the disability and apply for this benefit.

Business Overhead Policies: For most professionals in their own practices or business owners, Business Overhead Policies are a necessity.  When you experience a disability, they cover your business expenses such as rent/mortgage, salaries, office equipment, etc., during the time of your disability.

Public Safety Officer’s Death & Disability Benefits: A benefit paid to Public Safety Officers (i.e., police officers, firefighters, correction officers, etc.) by the U.S. government in the event they are killed or suffer a catastrophic injury in the line of duty.

New York State Short-Term Disability Benefits: All employers in New York are required to provide at least 26 weeks of short-term disability benefits to employees who suffer an off-the-job injury or illness.

Workers’ Compensation Benefits: All employers in New York must provide benefits, lost wages and medical expenses, to employees injured as a result of an on-the-job incident.  For more information contact Polsky, Shouldice & Rosen, P.C.

Injuries Sustained from an Accident: For more information contact www.nytrialattorney.com.

New York State No-Fault Disability Benefits: Under New York’s No-Fault law, if a person is injured in an automobile accident and cannot work as a result of that injury, that person is eligible for a weekly “no fault” benefit in lieu of the wages lost while disabled.

New York State Retirement System Disability Pension Benefits: State and local government employees in New York who participate in the State Retirement System may be eligible for an early or disability pension benefit if they become disabled and unable to work.

New York State Teachers’ Retirement System Disability Pension Benefits: New York State teachers who participate in the Teachers’ Retirement System may be eligible for an early or disability pension benefit if they become disabled and unable to work.

New York City Retirement System Disability Pension Benefits: New York City workers who participate in the City Retirement System may be eligible for an early or disability pension benefit if they become disabled and unable to work.

Employer-Sponsored Benefit Plans: Employers often provide disability benefits beyond those required by New York State law. Such plans are governed by a federal statute known as the Employee Retirement Income Security Act of 1974 (“ERISA”) and may pay the disabled worker a monthly benefit equal to a percentage of their pre-disability income, typically between 50% to 66%.

Union Benefit Plans: Unions frequently provide a weekly or monthly disability benefit to their members and often provide for an early retirement or disability pension.

Social Security Disability Benefits: All workers in the United States pay the “FICA” tax as a payroll deduction, which funds the Social Security system. If a person has enough “credits” with Social Security, he or she may be entitled to a monthly benefit if a disability renders them unable to work.

Railroad Workers Benefits: Railroad workers may be eligible for disability benefits which mimic, or may even exceed, those available under Social Security.

Veterans’ Administration Disability Benefits: Veterans who suffered a disability while serving in the military may be eligible for a partial or full disability pension.

1987 Commissioner’s Group Disability Table, Society of Actuaries.

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  • FERS Question of the Week

    QUESTION: Can I change my retirement status to disability retirement?

    ANSWER: Yes, but you must have become disabled while working for the federal government. Both you and your employer will be required to submit evidence to support this. Additionally, you both will be required to prove that your disability impaired your ability to work effectively in our position, and you must not have turned down reassignment in the same commuting area at the same pay grade, tenure or pay level.

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