The Law Offices of Brett E. Blumstein, P.C. – Federal Esquire - Los Angeles
Federal Esquire is a division of the law firm of Brett E. Blumstein, P.C. located in Los Angeles, California. We are experts in federal employment law and we represent federal employees in every state in the country (and some International federal employees). Our law firm’s primary focus is working on Federal Workers compensation (OWCP cases through FECA law), Disability Retirement (OPM), EEOC, MSPB and Social Security disability issues.
Our office has experience working with thousands of federal employees who are employed with the USPS, TSA, Border Patrol, United States Department of Agriculture, Veterans Administration, Secret Service, DEA, FBI, DOD, Social Security administration and other federal organizations.
If you are a federal employee and you have any question as to whether you’re not receiving the benefits you are entitled to, please contact us and we can help you determine the best way to meet your goals.Website: http://federalesquire.com/
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Business Operation Hours
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Monday
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9:00 AM to 5:00 PM
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Tuesday
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9:00 AM to
5:00 PM
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Wednesday
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9:00 AM to 5:00 PM
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Thursday
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9:00 AM to 5:00 PM
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Friday
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9:00 AM to 5:00 PM
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Saturday
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9:00 AM to 5:00 PM
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Sunday
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9:00 AM to 5:00 PM
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Additional Information
Federal disability retirement is a benefit under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) for those who are no longer able to provide effective service in one or more essential elements of their job. For CSRS employees, you must have a minimum of five (5) years of service. For FERS employees, you must have a minimum of 18 months of service.
A federal employee does not need to be “totally disabled” in order to be eligible for federal disability retirement under FERS or CSRS. If the Agency has light duty, or if the employee can do some, but not all, of the essential elements of the job, disability retirement is a possibility.
CSRS employees do not have to file for Social Security disability in order to obtain disability retirement, but if you are under the FERS system, you must file for Social Security disability even though it doesn’t necessarily have to be approved. Additionally, unlike a federal workers’ compensation case, disability retirement has no requirement that the injury must be “job-related.”
You are allowed to collect disability retirement and work at a different job while earning up to 80% of what your previous position currently pays. If you have been terminated or separated from federal service, you only have up to 1 year from the date of termination to file for disability retirement. If you fail to file within that 1 year, you may lose your right to disability retirement.
Disability retirement cases start with the initial submission of an employee’s application. If there are any problems with the initial application a “Request for Reconsideration” should be filed. Finally, if there are any problems at that stage, the next appeal is heard before the Merit Systems Protection Board (MSPB).
As a federal employee, once you know or should have known that you have been discriminated against, you only have 45 calendar days to contact a designated EEO counselor at your agency and file an informal complaint of discrimination, you can seek the help of federal EEOC employment discrimination attorney to draft the complaint. The EEOC is able to investigate the complaint and hold a hearing to determine if the agency has engaged in discriminatory practices against the employee.
If your complaint contains an issue that the Merit System Protection Board (MSPB) has jurisdiction over, such as wrongful termination, your case is called a “mixed case” and should be filed at the MSPB. For all other EEOC matters, once the agency completes its investigation, you may request an EEO hearing before a judge. The agency must complete its investigation within 180 days from the date your formal complaint was filed.
Product and Services
The Office of Workers’ Compensation Programs (OWCP) is the organization under the Department of Labor (DOL) that administers the Federal Employee’s Compensation Act (FECA) programs. These programs include wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to federal employees and their dependents. The Federal Employee’s Compensation Act (FECA), 5 USC Chapter 81, provides for the payment of benefits to many federal employees and their dependents for work-related injuries or illnesses resulting from an injury “sustained while in the performance of duty.”
Note that federal employees generally have three years to file a claim for an injury. To receive continuation of pay (COP), a claim for a traumatic injury must be filed within 30 days of the injury on Form CA-1. If no claim has been filed after 30 days, the CA-1 form should still be filled out as soon as possible.
If you sustain an occupational disease or illness (an injury that happens over time), you should file Form CA-2 with your agency. You can obtain the CA-1 and CA-2 forms from your agency or on the Internet.To file a claim for compensation for lost wages due to a traumatic injury or occupational disease, file Form CA-7 with your agency.
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