FERS
Federal Employees (FERS) Civil Service Employees (CSRS)
If you are a Federal Employee or a Civil Servant, you may be entitled to Disability Benefits under the Federal Employee Retirement System (FERS) or the Civil Service Retirement System (CSRS). That means that in addition to coverage through your Basic Benefits Plan, you can receive a disability retirement annuity should you experience a debilitating physical or mental illness or injury that renders you unable to perform your occupation as you had always performed it.
What Does It Mean To Be Disabled?
Disabled does not necessarily mean you are bed-ridden or confined to a wheelchair. Rather, being disabled means you have suffered an injury or illness that prevents you from performing in your current job position. For example, a Postal Employee who suffers from a leg injury may no longer be able to walk door-to-door delivering mail. Or, an Internal Revenue Service Employee with a back injury may no longer be able to sit at a desk for hours at a time. In either case, the injury may not prohibit the employee from leading an otherwise normal life. However, the injury or illness does impede upon his or her ability to continue normally in his or her job function.
Some Background On FERS & CSRS
The Civil Service Retirement System was officially formed in 1920. As it pre-dates the Social Security System, CSRS was intended to provide financial assistance to Civil Servants when they left the civil service workforce for retirement. The Federal Employee Retirement System (FERS), on the other hand, is a late 20th century system that was created to be more compatible with private sector retirement plans.
Is This Workers Compensation?
No. There is a difference between Disability Retirement Annuity/Civil Service Retirement Annuity and Federal Workers Compensation. Federal Workers Compensation are benefits paid to you when you have experienced an on-the-job injury. However, Disability Retirement Annuity Benefits (for both FERS and CSRS) are paid to you whether or not your injury or illness is job-related. While you may be eligible for either program, you cannot receive both simultaneously. Before you make this important decision that will affect you and your family, seek the advice of an attorney experienced in disability law.
Call DeHaanBusse LLP today for a free case evaluation. Phone: 631-528-1200
Testimonials
Thank you for all of the quality time and patience you have spent thus far on my case. Your knowledge and expertise, as well as your kindness and compassion and support have been a great source of comfort at such a very stressful time in my life. It has and will not go unappreciated. Although I hope I may not need your services in the immediate future, I know that at some future date I can count on you for a job well done . . .
Most sincerely,
C.R.
Many thanks to you and your staff for the diligent, professional and of course, successful manner in which you obtained my settlement. I was able to survive through some very difficult times . . .
Sincerely,
M.H.
Thank you for your invaluable and much appreciated work on my behalf. All the blessings to you and yours.
Sincerely,
L.W.
Just a note to thank you for your kindness in the way you handled my request and needs in regards to the pending Mass Mutual case. A.R. was right. You are a good man and a good friend. He said that I am in good hands. I know I am.
Thank you so much.
M.C.
We want to thank you and your staff for the time, effort and understanding that resulted in a successful outcome of our appeal.
P. & L. P.
I just want to tell you I appreciate your taking the time, staying late in the evening, and calling me to keep me up to date on the good news, moving ahead with my case. I know it’s your job, but I do appreciate it.
Thank you.
B.N.
Thank you and your office for helping me to win my case. I can’t even even tell you how happy it makes me.
Sincerely,
J.M.
Why Our Firm?
Knowledge - Our attorneys have an in-depth knowledge of the process and the law as it specifically applies to disability, and will provide you with a realistic opinion of your case.
Experience - We know which details are fundamentally important to achieving a favorable decision in your case. Our partners collectively have over 55 years of experience in disability law.
Personal Attention - We know our clients come to us at extremely difficult times in their lives. That is why our attorneys and our entire staff are uniquely responsive to their needs. We believe in and practice total transparency, and take the time required to explain the details as well as all legal fees relating to your your case.
We are here to help. . .
Publications
If you are a Professional and you have or need private disability, please download our Brochure. Download Brochure
If you are a Medical Professional and you want more information on how to help disabled patients, please download our Brochure. Download Brochure
If you are a Federal employee and need information on disability retirement annuities, download this brochure. Download Brochure
If you work for New York City or New York State and need information on disability benefits, download this brochure. Download Brochure
If you are a New York State teacher, and you need disability information, download this brochure. Download Brochure
If you have an Employer-Sponsored Disability Plan (ERISA), and you need more information, download this brochure.Download Brochure
Contact
DeHaan Busse LLP Contact Information
300 Rabro Drive East | Suite 101
Hauppauge, New York 11788
Phone: ( 631) 582-1200
Email: Info@DeHaanBusse.com
Real Estate
Real Estate Services: Buying and Selling
Why do you need an attorney when buying or selling a house?
Seller’s Attorney.
A typical sale involves a real estate broker who advertises the sale of the house by conventional means, for example, newspapers, or by “listing” it with the Multiple Listing Services (MLS). Before these agree to undertake the advertising of the property, they usually ask you to sign a written contract, a Brokerage Contract, which provides for their payment.
When a broker and/or agent of the broker, finds a potential buyer, they facilitate the negotiations of price between the seller and these potential buyers. If the parties agree, they sign an informal agreement, sometimes called a “binder.” It is at this stage that most sellers and buyers contact their attorneys to either create or review a formal contract of sale. This can be a mistake to sign the brokerage agreement without speaking with an attorney.
Usually, when a broker finds a potential buyer ready willing and able to buy the property, negotiates with them as your intermediary, and the sale is completed at closing, they are entitled to a commission. The brokerage agreement can create a legal responsibility to pay the broker without a completed sale, meaning that you might have to pay the commission if they find a buyer who is ready, willing and able, regardless if the property closes title or not. Therefore, the wording of this agreement can be very important to seller.
In addition to the brokerage agreement, Seller must also be cognizant of the many pitfalls encountered before signing the contract of sale. First and foremost, is the newly enacted Property Condition Disclosure Statement requirement. This law took effect in 2002, and when it did, it changed the landscape of residential real estate closings forever. The days of “caveat emptor” or “buyer beware” were changed to “seller must disclose” or pay a credit of $500.00.
The decision to “pay” or “disclose” is an important one, which requires a frank discussion with your attorney. Secondly, Seller must pay attention to the property survey, and existing zoning laws, especially if they had any upgrades or repairs done to their home. Lastly, Seller must also be weary of the tax consequences concerning a sale of real property. While normally the attorney does not provide tax advice, a subject which is best answered by the seller’s accountant, the attorney can assist with efforts to minimize or negate any taxes.
For example, if the property is an investment property, a possible §1031 tax exchange might be more favorable than paying the capital gains taxes. If the property is for residential purposes, an attorney will be able to shed some light on the possible exclusions available to limit their taxable capital gain income. The culmination of these issues results in the signing of the formal agreement, the contract of sale.
The contract of sale is a formal written agreement, whose importance can not be overstated. A Seller’s attorney will draft a contract of sale depending on the individual factual circumstances surrounding that sale, i.e., those issues discussed previously. This agreement will address, among many other things, the closing date, the date for an inspection of the property, the method of payment, the physical condition of the property at closing, a provision for retaining possession after closing, the type of marketable title to be tendered to buyer at closing, and how the buyer will take title, whether individually, or with a spouse, or in another form.
Buyer’s Attorney.
The decision to buy your first home is a difficult one. In fact, for most people it may be the most significant financial decision they make in their lives. The buying and selling of Real Estate raises equally significant legal issues and problems, some which are obvious, but many others that are not so obvious. An attorney who knows how to deal with these issues and problems can answer your questions, while avoiding those pitfalls. Buyer will necessarily want to focus on the termite inspection, and an engineer’s inspection, before execution of the contract of sale.
Buyer’s attorney must keep a close eye on the contract of sale. Buyer’s attorney must pay special attention to the issue surrounding marketable title, the Property Condition Disclosure Statement credit, the financing, marketable title and the title report, and most importantly, the mortgage contingency clause. After execution of the contract of sale, Buyer will then apply, if he has not already done so, for a mortgage. Buyer’s attorney will at this time apply for title insurance, which is a necessary part of any real estate transaction. After complying with the requirements of their chosen bank or mortgage company, Buyer should receive a mortgage commitment. This document is very important to the Buyer for two reasons.
First, it provides the basis upon which the mortgage company or bank will lend Buyer the money to purchase the home. It is important to review the conditions to commitment. Secondly, it satisfies the mortgage contingency clause in the contract, meaning that Buyer can no longer “back out” of the contract based upon their inability to obtain a mortgage.
Buyer’s attorney’s next duty is to obtain and review the title report. This report will provide material information concerning the property, as well as the Buyer and Seller. Upon Buyer’s attorney’s review of the title report, and Seller’s removal of objections to title, the parties are ready to close. The closing is the end of this long process. It is at this point that the Buyer’s and Seller’s attorney’s services are invaluable. The closing is a very confusing and seemingly complex process. However, to the attorneys involved in the transaction, there is order in the confusion. Both attorneys explain their respective issues to their clients at the closing.
For seller, they are concerned with the payment of their loans, if any, with payment of the purchase price, and payment of various taxes. For Buyers, they are usually very involved in the signing of what seems to be a never ending parade of documents for their bank. Buyers are also very concerned with when they can move into their new home.
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Client’s Rights
| Statement of Client’s Rights |
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- You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer’s office.
- You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney‑client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).
- You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
- You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
- You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.
- You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.
- You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters).
- You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.
- You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.
- You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
Section 1210.1 of the Joint Rules of the Appellate Division
(22NYCRR§1210.1)
Statement of Client’s Rights & Responsibilities
Reciprocal trust, courtesy and respect are the hallmarks of the attorney‑client relationship. Within that relationship, the client looks to the attorney for expertise, education, sound judgment, protection, advocacy and representation. These expectations can be achieved only if the client fulfills the following responsibilities:
- The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.
- The client’s relationship with the lawyer must be one of complete candor and the lawyer must be apprised of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client.
- The client must honor the fee arrangement as agreed to with the lawyer, in accordance with law.
- All bills for services rendered which are tendered to the client pursuant to the agreed upon fee arrangement should be paid promptly.
- The client may withdraw from the attorney‑client relationship, subject to financial commitments under the agreed to fee arrangement, and, in certain circumstances, subject to court approval.
- Although the client should expect that his or her correspondence, telephone calls and other communications will be answered within a reasonable time frame, the client should recognize that the lawyer has other clients equally demanding of the lawyer’s time and attention.
- The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number or address and respond promptly to a request by the lawyer for information and cooperation.
- The client must realize that the lawyer need respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which are unprofessional or contrary to law or the Lawyer’s Code of Professional Responsibility.
- The lawyer may be unable to accept a case if the lawyer has previous professional commitments which will result in inadequate time being available for the proper representation of a new client.
- A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely.
This is an informational statement adopted by the NY State Bar Association |
Government Sites
Professional Associations
Disability Benefits
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.
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 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.
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.
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.
Medical Info Sites
Medical Conditions
ALLERGY & IMMUNOLOGY INCLUDING PEDIATRICS
CARDIOVASCULAR & PULMONARY INCLUDING PEDIATRICS
FAQs
Below please find a list of our most common Frequently Asked Questions. If you have any questions that can not be answered here, please contact us for more information on how we may be able to assist you.
What is ERISA?
According to the Department of Labor, “the Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.” The full text of this explanation can be found at this ERISA website. A large majority of group disability insurance plans provided by employers fall under the jurisdiction of ERISA. ERISA was originally intended to insure that pension plans were managed responsibly and that employees would actually receive the benefits they were expecting. Unfortunately, the application of ERISA to disability insurance plans has not had that effect. Instead, ERISA has helped to protect the insurance carrier’s interest, and has reduced the legal protections available to plan participants.
Do I need a lawyer to appeal the insurance company’s decision?
No, but your chances of obtaining your disability benefits increase when you have an experienced attorney who knows the “rules of the road.” If you can retain an attorney early in the process, there will be more time for the attorney to shape the appeal in your favor, by focusing your appeal on the important issues. In addition to focusing your appeal on the issues that matter, the attorney can help you avoid the irrelevant issues which can be misused to deny benefits. There are many pitfalls throughout the administration of a disability claim. An attorney can help you avoid making mistakes in the initial application, Activities of Daily Living Questionnaire, at interviews, at IME’s or at home visits. Lastly, an attorney can also help make sure that your medical evidence supports all of your claims for disability benefits, whether they are to the Social Security Administration, Merit Systems Protection Board, Office of Personnel Management, or NYCERS.
What do I need to appeal my case?
It depends on the particular form of disability benefits you are appealing. While normally, all you need is a written letter, there are times when you must use their form. It is important to contact your individual agency or carrier to get the proper forms and or procedure.
What documents should I bring to my initial meeting with an attorney from DeHaanBusse LLP?
When you contact us, we will tailor our review to your case. That being said, you should always have a copy of your Claim File. If you do not know how to obtain this, contact our office and we will walk you through the process. You should also have a copy of your Summary Plan Description from your employer or the plan administrator that was in effect at the time that you stopped working due to the disability or your disability income insurance policy. Lastly, you should also bring with you copies of any current Medical Records, which will illustrate the nature of your medical disability.
Why is a letter from my doctor saying I am totally disabled, not enough to win my disability benefits?
A letter from your doctor will not in and of itself guarantee success for your claim for disability benefits. Your doctor’s opinion of your total disability is only one important piece of the puzzle. If that is the only document you send in as your appeal, you will probably not be successful. In order to win, you will need a combination of many different forms of proof. Depending on the facts of your case, you will most likely need the combination of medical and vocational evidence. A letter from your doctor is an important piece of the evidence necessary to establish your total disability, but not the only piece of evidence. In fact, there are many instances when the treating physician believes that his patient is totally disabled, fills out all of the forms required by the carrier, and the carrier stills denies the claim for disability benefits.
Will I automatically get my Long Term Disability benefits since my Social Security benefits were already approved?
No. Approval of disability benefits by the Social Security Administration (SSA), is not binding on an insurance carrier. In fact, insurance companies routinely argue that what the SSA determines is not binding on them. They state that because there are different rules for the SSA and the individual policy, they are not bound by the determination. That being said, a determination by the SSA is still an important piece of evidence.
What do I do if the insurance company wants me to be examined by their doctor?
Call your attorney immediately so that they can insure that you are treated fairly. These independent examiners are paid by the insurance company and usually give opinions favorable to the carriers. They sometimes give opinions outside their area of expertise and you should pay special attention to their credentials. You should also not attend the examination alone. At DeHaanBusse LLP, we have a licensed registered nurse on staff who routinely accompanies clients on these independent medical exams.
What are my costs for an appeal or litigation?
Each case is different and aside from disbursements, the retainer for your particular case is unique to your facts. The specifics of the retainer will be discussed with you after a free consultation.
Will my employer fire me while I am on disability?
The answer to this question lies within the your employer’s employment practices and/or applicable federal statutes. The Family Medical Leave Act only requires your employer to hold your job for 12 weeks of unpaid leave in any 12 month period. After that, employers routinely fire people on disability – unless the employer has its own internal policy providing for more leave. Usually, this is not considered discrimination if the employer is firing you because you are not at work, rather than solely because of your disability. The distinction is very subtle and any determination of discrimination needs to be reviewed carefully by the attorney.
Does the insurance company have to act in a fair manner during my appeal?
Under an ERISA case, the general rule is that they have to provide you a full and fair review. As for an Individual Policy, they are required to act in accordance with the terms of the policy, which usually contains a clause dealing with fair dealing. Does that mean that they routinely deliver on that promise? No, it does not. There are some insurance carriers who do the right thing, but many of the carriers are overly concerned with their bottom line, and not overly concerned with the person suffering from a disability. Usually, if the carrier can interpret something to its benefit, or in such a way that it can justify termination or denial of your benefits, it will. Some insurance companies have a history of evaluating disability claims in a biased manner, and you should ask your attorney for further information.
Does my disability have to be based on a physical injury or illness?
Generally no, but the answer depends on the type of benefit you are seeking. For example, many policies provide for a limited benefit based upon a mental disability. There are also many policies, usually individual policies, that do not limit benefits, based upon a mental disability. You should always consult your summary plan description or insurance policy to determine how much your benefit will be, and how long you will receive those benefits. Lastly, there are many carriers that misconstrue a physically based disability for one that is based on a mental condition. It is important to know the difference and to have someone on your side to make sure that these disabilities are evaluated and understood separately.
When can I sue for my disability benefits?
Depending on your type of disability benefit, you may have to exhaust your remedies with the carrier. If your policy is an individual policy, then you can bring your action directly to court without having to exhaust the administrative procedures afforded by the insurance carrier. Traditionally claims under employer sponsored disability plans are brought in federal district courts and individual polices can be brought in either state or federal court. If the carrier offers an appeal on an individual policy, it is usually a voluntary appeal, and the decision to take the appeal is one that should be made after speaking with your attorney.
What is the UNUM Reassessment?
Based upon the findings of the chief insurance regulators of Maine, Massachusetts and Tennessee, as well as the rest of the other 50 states, UMUM Provident Corporation agreed to change its claim handling processes and to reassess some claims going back as far as 1997. UNUM has agreed to reassess over 200,000 claims.
What did the insurance regulator’s find wrong with UNUM’s claim handling practices?
The multi-state market examination identified several of UNUM’s claims handling practices to be of concern including, but not limited to, the following areas: Excessive reliance on in-house medical staff to support the denial, termination or reduction of benefits; Unfair evaluation and interpretation of attending physician or independent medical examiner reports. Failure to evaluate the totality of the claimant’s medical condition; and, inappropriate burden placed upon claimants to justify eligibility for benefits.
How do I get started with my UNUM Reassessment?
UNUM has imposed strict guidelines for its reassessment cases. It is important to contact an attorney familiar with this process immediately. Or, if you do not have an attorney, you should contact UNUM directly to make certain that you have not missed any deadlines to reassess your case.
Helpful Links
Attorney Profiles
About Us
About the Firm . . .
DeHaanBusse LLP is a leader in disability law including Individual Disability Insurance Policies, Employer Sponsored Benefit (ERISA) Plans, the New York State Teachers’ Retirement Systems Benefits, the New York State Retirement Systems Benefits, and the New York City Retirement Systems Benefits. Our practice is based upon one simple premise: individuals have the right to receive what they have paid for and what they have been promised according to the law.
We focus on and believe that the safety nets our clients have worked long and hard to provide for themselves and their families should be there when they need them. Unfortunately, more and more that is not the case. We have seen some decisions that have resulted in the near financial collapse of many individuals and their families.
In the event of a physical or mental illness or a debilitating injury that prevents someone from working in his or her chosen profession or occupation, that person has a legal and/or contractual right to receive disability benefits. The sad irony is that all too often, people are not even aware of all the disability benefits they have available to them.
Our firm also focuses on Real Estate and Wills & Estates, and is committed to offering our clients thoughtful advice on these issues crucial to their own and their families’ interests.
In addition, DeHaanBusse LLP assists Military Veterans during the trying circumstances of claiming and attaining disability benefits owed to them as a result of their dedicated service to this country.
Our partners and associates were formerly with Binder and Binder, P.C. DeHaanBusse LLP seeks to continue the legacy of helping hard working Americans during some of the most difficult times in their lives.
Our attorneys have litigated cases against many of the largest insurance companies in the disability field including Unum Provident Corporation and its subsidiaries; Metropolitan Life Insurance Company; New York Life Insurance Company; Equitable Life Assurance Society of the United States; First Reliance Standard Life Insurance Company; Hartford Life Insurance Company; Berkshire Life Insurance Company of America; Guardian Life Insurance Company of America; Sun Life Insurance & Annuity Company of New York; Reliance Standard Life Insurance Company; Aetna Life Insurance Company; and Life Insurance Company of North America, among many others.
We are available to you for a free legal consultation. Contact us today.
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