Federal Disability Retirement: What You Need to Know When Struggling with a Disability at Work

If you’re a federal employee dealing with a disability and wondering how to navigate your career—or if you should consider stepping away—you’re not alone. Many federal workers find themselves at a crossroads when their health interferes with their ability to perform. In a recent episode of the AFGE Local 17 Podcast, President Doug Massey spoke with Eric Pines, a nationally recognized federal employment attorney, about what you need to know regarding disability rights, reasonable accommodations, and the process of applying for federal disability retirement.

Meet Eric Pines: A Trusted Advocate for Federal Workers

Eric Pines has spent years helping federal employees protect their careers and plan their futures. From physical conditions to chronic mental health challenges, Pines specializes in guiding workers through the legal maze of federal disability retirement. Whether you’re trying to stay in your role with reasonable accommodations or considering retirement due to your condition, Pines offers expert insight on making the right choice.

Understanding Your Disability Options as a Federal Employee

One of the first things Eric Pines emphasizes is that not all disabilities are treated equally under the law. There are four major systems that define disability:

• Reasonable Accommodation – Covered by the Rehabilitation Act.
  
• Workers’ Compensation – Different legal and medical standards apply.
  
• Social Security Disability (SSD) – The strictest standard; you must be unable to work in any job.
  
• Federal Disability Retirement (under FERS/OPM) – A more flexible standard requiring that you cannot perform your assigned duties for at least one year.
  

Knowing which system fits your situation is the first step to choosing the right path forward.

When Reasonable Accommodations Aren’t Enough

Maybe you’ve already tried requesting accommodations like modified duties or flexible hours. If nothing has worked, the next question becomes: can you still do your job?

If the answer is no—and your physician agrees—you may qualify for federal disability retirement through the Office of Personnel Management (OPM).

“You only need a doctor to state that you cannot provide useful and efficient service in your current position for at least one year,” Pines explains.

Be Cautious About Accepting Lower-Grade Positions

Sometimes, agencies offer employees a lower-grade position as an alternative to retirement. But accepting that offer can hurt your eligibility for federal disability retirement.

✅ You are not obligated to accept a demotion.
🚫 If you do, you may no longer qualify for OPM disability benefits.

Also, if your agency offers a similar position at your current grade that you’re qualified for and you decline it, that could affect your eligibility too. It’s a tightrope walk—and legal advice can help you avoid costly mistakes.

You Must Apply for Social Security Disability—But Don’t Worry About Approval

To apply for federal disability retirement, you must file for Social Security Disability. However, being approved for SSD is not required.

In fact, most applicants are denied SSD on the first attempt. That’s fine. SSD has a much higher bar than OPM, and denial doesn’t mean you won’t qualify for federal disability retirement.

Get the Right Doctor’s Statement

When you ask your doctor for a letter supporting your claim, be specific. You’re not applying for Social Security—you’re applying for federal disability retirement. Ask your doctor to confirm that you cannot carry out the core duties of your current federal job.

Pines and his team often assist doctors in drafting letters that meet OPM’s requirements, ensuring accuracy and clarity.

How Long Does the Process Take?

Here’s a typical federal disability retirement timeline:

• 2–3 months to gather records, fill forms, and work with your agency.
  
• ~9 months for OPM to process your claim (faster if your condition is serious).
  

Be patient and thorough. Missing documents can cause delays.

What Are the Benefits of Federal Disability Retirement?

If approved, federal disability retirement offers several long-term benefits:

• Health Insurance: In most cases, you can keep it.
  
• Annuity Payments: 60% of your high-three average salary in the first year, then 40% annually until age 62.
  
• No Age Penalty: You can apply before reaching retirement age.
  
• Conversion at Age 62: Your annuity converts to regular federal retirement benefits.
  

“You only need 18 months of creditable service,” Pines reminds listeners. “And you must be under 62 when you apply.”

Union and Legal Help: Don’t Go It Alone

Doug Massey urges AFGE Local 17 members to seek legal help when considering federal disability retirement. Pines’ firm provides a free case review, making it easy to get started.

While disability retirement evaluations are free, consultations around reasonable accommodations are typically billed—these involve deeper strategy and often explore Equal Employment Opportunity (EEO) claims.

What’s Your End Goal?

Eric Pines encourages every client to ask themselves the key question:

• Do you want to continue working?
  
• Are you looking for a different role at the same pay?
  
• Or is it time to step away through federal disability retirement?
  

Your answer determines the legal and procedural path you should take. Whatever the route, having a specialist like Eric Pines—and the backing of your union—can make all the difference.

Ready to Take the Next Step?

📞 Contact Eric Pines for a free case evaluation to explore your federal disability retirement options.

Contact Information for Eric Pines, Esq.:

Phone: 866-761-2238
Email: eric@pinesfederal.com
Website: www.pinesfederal.com

Listen to the Podcast

🎧 Don’t miss the full conversation—listen to the latest episode of the AFGE Local 17 Podcast on Spotify:

Protect your health. Secure your future. And remember—you’re not alone.