How to Choose a Federal Disability Retirement Lawyer

You’ll want to make sure you get the right representative for your federal disability retirement case.

How old are you?

If you're planning to apply for federal disability retirement or to appeal after your application was denied, you might not need to hire an attorney to represent you. Some federal employees successfully navigate the U.S. Office of Personnel Management's (OPM's) bureaucracy and complete a successful application, on their own.

But if you're a Federal Employee Retirement System (FERS) or Civil Service Retirement System (CSRS) employee and you've decided to hire an attorney to help you with your application or appeal, it's important that you get the right representative for your case. This article will list the steps you should take to find a federal disability retirement lawyer who can best represent you.

1. Start Your Search for a Federal Disability Lawyer Early

You don't have much time to make the decision to hire an attorney when OPM denies your claim for federal disability retirement. Start researching attorneys early. And, at the very least, have a list of attorneys that you'll call when you decide you want to hire an attorney.

There are several resources you can use to find federal disability retirement lawyers, including:

  • searching "federal disability retirement attorney" on Google, Bing, or Yahoo
  • contacting a disability attorney from our lawyer directory, or
  • asking for referrals from friends who work (or used to work) for your federal agency—especially anyone who's succeeded in getting federal disability retirement benefits.

2. Consider Hiring a Licensed Attorney

There are many attorneys and non-attorneys who handle federal disability retirement claims. There's no rule that says the advocate you hire must be an attorney. However, you can't get representation fees reimbursed by the MSPB (Merit Systems Protection Board) if you hire a non-attorney advocate.

There are some advantages to hiring an attorney to represent you in your federal disability retirement application or appeal. Attorneys have special qualifications non-attorney advocates don't have, including the following:

  • An attorney has been to law school.
  • An attorney has a license to practice law.
  • Attorneys are required to follow higher ethical standards that must be followed to keep a law license.

Non-attorneys don't have these requirements. If a non-attorney advocate messes up your claim, misses a deadline, or causes you to lose entitlement to a benefit through negligence or ignorance, there's not much you can do to hold the advocate accountable. Sure, you can sue, but to be successful, you would need to:

  • hire an attorney, and
  • hope that the advocate you sue has the money to pay a judgment.

You should verify that any attorney you're considering is actively licensed and not subject to discipline. (Believe it or not, some attorneys whose licenses have been suspended are still practicing law.) The state bar where the attorney is licensed can verify the following for you:

  • whether the attorney's license is active or suspended, and
  • whether there's any disciplinary action against the attorney.

Licensed attorneys should be more than happy to tell you the state(s) they are licensed in and how to verify that the license is in good standing—with all of the states the attorney is licensed in.

3. Talk to More Than One Disability Retirement Lawyer

Plan to invest a little time and money in consultations with two to three different federal disability attorneys. Each lawyer's style is different—the way they approach cases and interact with clients will differ.

Take the time to interview all the attorneys you're considering. Then, pick an attorney whose communication style and approach to a case make you comfortable. That way, if your federal disability retirement case gets challenging (or if your application is denied), you'll have confidence in the attorney you've chosen.

4. Confirm Your Attorney's Experience With MSPB

If your application for federal disability retirement benefits is denied and you need to appeal, having an attorney with experience representing employees before the MSPB is critical. As a practical matter, the MSPB is the last chance you'll have to get your disability retirement granted. As such, you'll want to make sure your federal disability attorney knows:

  • MSPB procedures, and
  • how a disability retirement appeal differs from other types of appeals to the MSPB.

How do you find out if the attorney has handled disability retirement appeals before the MSPB? Ask. When it comes to federal disability retirement appeals, the size of the law firm doesn't matter—the attorney's experience does. You don't want to pay a high-profile attorney a lot of money just to lose your claim because the attorney didn't get to know the rules of the MSPB forum.

Don't be afraid of small firms and sole practitioners. A lawyer who knows how to appeal a federal disability retirement case before the MSPB will be much more valuable to you than an inexperienced attorney with a swanky office.

5. Prepare Before You First Meet With a Potential Attorney

If you're going to meet a federal disability lawyer, the attorney will need certain information to have a meaningful discussion about your case. If you're hiring an attorney to help you apply to OPM for federal disability retirement, be prepared to provide:

  • a copy of your position description
  • your most recent SF-50, and
  • any medical records that you have available.

If you're hiring an attorney to help you challenge OPM's denial of federal disability retirement, you should provide the attorney with:

  • a copy of your disability retirement application
  • the OPM letter denying you federal disability retirement
  • your request for reconsideration, and
  • any response from OPM.

If an attorney doesn't ask to see some of this documentation at that first meeting, you should be a bit wary. The lawyer will need to verify the information in these documents to estimate any of the following:

  • how long your case will likely take
  • how strong your case appears to be, and
  • what the attorney's fees will be.

And if you have questions for the attorney, write them down ahead of time so you don't forget to ask.

6. Be Candid and Open About Attorney's Fees

There are many good attorneys who handle federal disability retirement applications and appeals. But unlike attorneys who help with Social Security disability claims, federal disability retirement lawyers all charge different types of fees. You'll find attorneys who use:

  • fixed fees
  • hourly fees
  • monthly fees, and
  • other fee structures.

Some attorneys charge low fixed fees to help with your federal disability retirement application, but very high hourly rates for an MSPB appeal. Some attorneys charge only for the application and won't represent you before the MSPB. Others only represent applicants appealing to the MSPB.

Make sure you know what you're getting and that the price is fair and that you can live with it—even if you lose. Be candid with the attorney you want to hire—if you can't afford the fees, tell the attorney what you can afford. There might be room to negotiate, so prepare to propose some different fee arrangements that you could afford.

7. Choosing the Right Federal Disability Retirement Lawyer for Your Case

No matter how much you seem to click with a particular attorney, don't make your decision on the spot. Sleep on it. You need to take a little time to make sure you're comfortable with your attorney's:

  • experience
  • reputation
  • fees, and
  • understanding of your case.

That way, even if your application or appeal is denied, you'll feel that you got your "day in court."

Updated October 4, 2022

Talk to a Disability Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Boost Your Chance of Being Approved

Get the Compensation You Deserve

Our experts have helped thousands like you get cash benefits.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you