Sponsored

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John Berry, Esq. & Kara Osborne, Esq.

With the changes that have come to the federal government in light of the Department of Government Efficiency (DOGE), we have seen an increase in federal disability retirement applications to the Office of Personnel Management (OPM) lately. Given the efforts to reduce the size of the federal government, it appears that DOGE may actually not be opposed to increased disability retirement filings by federal employees.

What is OPM Disability Retirement?

OPM disability retirement is an entitlement for federal employees under the Federal Employees Retirement System (FERS). This program allows federal employees who are unable to perform their essential job functions, due to a disability, to receive a retirement annuity early. The disability does not have to be work-related. However, the disability must have arisen or worsened while the employee was working for the federal government. In order to qualify, a federal employee in FERS must have: (1) at least 18 months of full-time service, (2) a disability expected to last at least one year, and (3) the inability to perform job duties with or without reasonable accommodation. This linked article provides tips for federal employees considering OPM disability retirement.

Issues that have Recently Come Up for Disability Applicants

A number of recent issues have caused the increase in OPM disability retirement applications. Many federal employees have previously worked under Reasonable Accommodations (RA), which allowed remote work. While many of these RAs have been honored, many have not. Some agencies have tried to reduce the amount of telework in these existing RA agreements. Individuals are understandably concerned about returning to the office only to have all of their RA-related telework taken away. Other federal employees also had telework agreements in place outside of the RA process. These remote work assignments enabled many federal employees with severe medical issues to continue working for the federal government. Since the government’s commitment to remote work has changed, as a result of OPM and DOGE efforts for a full return to the workplace, many federal employees with disabilities have started to consider OPM disability retirement as an option.

Individuals Struggling with Disabilities May Have Had Enough

Another reason for the increase in OPM disability retirement applications is morale. Many federal employees devote themselves to their position out of pride. The latest developments with Reductions-in-Force (RIF), the Deferred Resignation Program (DRP), and other issues have led to a serious morale issue for many federal employees. Many federal employees who have had serious disabilities have continued to work despite debilitating medical issues. Many federal employees have now come to the conclusion that they shouldn’t struggle with a severe disability any further. As a result, many individuals have decided to seek disability retirement due to a lack of appreciation.

Potential Pitfalls

There are some other disability retirement potential pitfalls that federal employees face with respect to the DRP and other departure incentives. One of these issues includes an unwritten rule where many agencies have been advising federal employees that if they take a DRP and then apply for OPM disability retirement, they may find themselves receiving a negative decision. There is nothing written about this issue yet, but federal employees should at least consider this possibility.

Quicker Processing by OPM

OPM also appears to be processing OPM disability retirement claims faster. While nothing has been specifically written about faster OPM processing times, we have received notes from several clients that disability retirement cases seem to be moving faster. OPM may have been given guidance to speed up the processing of disability retirement claims.

Seek Legal Guidance Before Filing a Disability Retirement Application

Given the unique criteria that OPM uses to decide OPM disability retirement applications, it is important to speak to experienced counsel before filing a claim. Getting legal advice early can help you decide whether or not a particular disability claim stands a good chance of being granted. Getting advice early can also help individuals gather important materials to support their OPM disability retirement claims before they apply. The process can be complex and is not as straightforward as OPM often describes.

Contact Us

Our law firm represents and advises federal employees in OPM disability retirement applications and reconsideration appeals. If you need legal assistance regarding a federal employment matter, please contact our office at (703) 668-0070 or our website to schedule a consultation.

“Laughter is the shortest distance between two people,” said comedian Victor Borge. What’s more? Connecting and laughing with others can strengthen your resilience in the face of uncertainty and help you tackle tough challenges.

Improv classes, in particular, are great for people dealing with uncertainty and anxiety because they train you to be present in-the-moment and focus on the person and situation in front of you, instead of worrying about what the future holds. Plus, they’re incredibly fun and entertaining, offering a much-needed respite from reality.

Writing about her own improv education, Axios DC Reporter Mimi Montgomery recently wrote, “As grown-ups, we often repress the imaginative playfulness and openness we had as kids, writing off these urges as embarrassing or dumb. But that means we cut ourselves off from opportunities to grow and create — dream jobs and passion projects and wild adventures.”

Experts in Spreading Joy

Washington Improv Theater (WIT) has been the DMV’s premier destination for hilarious improv comedy shows and informative, accessible classes for more than 25 years. Each year, more than 1,000 adults take one of WIT’s “Foundations of Improv” courses.

“Everybody needs an escape from time to time, and I’d say that’s especially true right now,” says Mark Chalfant, WIT’s Artistic/Executive Director.

For the past two years in-a-row, Washington City Paper readers have named WIT’s classes as being the “Best Art Class” in the District, according to the platform’s annual “Best of DC” poll.

Start Your New Adventure!

WIT’s Level 1 classes, which teach techniques for honing your communication and collaboration skills, are currently enrolling for weekly classes that start as soon as this Sunday, April 27. There are eight classes in total plus a showcase at the end.

The theater’s talented and dedicated teaching artists are trained in providing a positive learning environment that is safe, inclusive, and welcoming to all.

“WIT students come from a variety of backgrounds and different stages in life, from 22-year-old college grads and 35-year-old mid-career professionals, to 55-year-old senior executives and individuals who are well into retirement,” says Chalfant. “Our classes serve as a laboratory for self-discovery and a catalyst for creativity regardless of how old you are or what you do.”

In addition to WIT’s classes for individuals, its organizational training arm WIT@Work uses applied improv to teach professional skills, leadership development, and team building. It’s one of the top providers of its kind in the entire country.

What WIT’s Students Have to Say:

“I love all the people I’ve met. Improv pushes you to get out of your comfort zone, which builds confidence. It’s all been wonderful!” — Kevin T.

“It’s the best professional training for creativity and working with people. I literally use improv everyday, including trying to approach most ideas with a spirit of ‘Yes, and’!” — Julia G.

“WIT constantly teaches me it’s okay to make mistakes (and move on), and how to trust my colleagues… Your classes have helped me take the poison out of toxic people and relationships, so that we can all take away something truly helpful and powerful.” — Helen D.

Discover all that Washington Improv Theater has to offer and follow along on Facebook, Instagram, BlueSky, and LinkedIn. You can also subscribe to WIT’s weekly newsletter to be the first to find out about upcoming classes, performances, and more!

This is a monthly sponsored post by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq

We have been representing and advising numerous federal employees regarding the Reductions-in-Force (RIF) that have recently been issued by several different federal agencies.

As most people have started to realize, these RIF actions have not been thought out very well and have been designed for speed as opposed to accuracy or compliance with the meaning of law and regulation. The question now is what to do if you receive an RIF.

What is a Federal Employee RIF

Federal employee RIFs are simply notices which start the separation process for federal employees. RIFs are supposed to be issued due to restructuring, department elimination, or lack of funding or work. RIFs are also supposed to follow laws, rules, and regulations. A federal employee is also supposed to be given 60 days’ notice before separation.

What We Have Been Seeing Lately

In many of the cases we have seen, most federal employee RIF notices simply state that their entire competitive areas have been eliminated. These mass RIF actions were never anticipated when the laws and regulations governing them were issued. The rules were supposed to be based not on speed but rather on a thoughtful process of eliminating positions that were no longer needed when government funds were low or when an agency needed to restructure.

In reality, the RIFs appear to simply be a means of getting rid of as many federal employees as quickly as possible based on a directive from the President. In most of the notices we have seen, there has been no consideration for performance ratings, years of service, or prior military service. The federal agencies directed to conduct these RIFs have simply looked at cutting numbers and not needs or proper reorganization. This is extremely unfortunate.

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