A Good Lawyer is the Key to Winning - But What About the Fee?
Transcript edited for clarity:
How come you retired?
I’m old! I’m 77! When I turned 75, I said, “OK, that’s enough, time to play!”
Then how come you are still doing this blog?
Because I can’t retire. I unplugged my business line when I retired, and by happenstance I turned it on a few months later, and I had 87 calls waiting for me. 48 of them were people who really needed help!
I assume they are coming in because people are reading my website, which is still online, and need advice. Under those circumstances, I can’t retire.
What do people need you know about you now that you are retired?
Well, I am not gonna take your case. But I’ll hear you out over the phone. I’ll be happy to do it and take my time with you because I love this work.
And, if you have a case of merit, and you need a referral, I can refer you to a lawyer who I think will be dynamite for you. He will call you if I tell him you have a case of merit.
If you don’t want a referral, that’s fine – but I won’t be taking your case.
Should people worry about a fee?
Everyone worries about the fee. Now, I won’t charge a fee for anything. I’m retired, and your conversation with me is free.
If you do take your case to a lawyer, there will be a fee. Here’s my advice about a fee.
If your #1 worry is the fee, you are worrying about the wrong thing. If you don’t have the money to pay a lawyer, it makes sense to be concerned.
But if you win, the take here (if we can talk in gangster terms) is very high. The fee will pay for itself.
Let’s say you are 55. Now, a lot of people get disability retirement even earlier. You are going to get, in the first year, 60% of your three-high-year-average salary. In the second year, you get 40%.
Now, people say, “Oh, 40%, that’s not a lot of money.” Well, it is when you are doing nothing. Because you are allowed to go out and work at any job for which you are not disabled, and you can keep the entire 60% and 40%.
However, your outside income must be less than 80% of the current base salary of the job you left. Still, Harvey says:
That is what I call making out like a bandit.
When do you make that 40% until?
You earn 40% until age 62, when you fall under the regular retirement annuity. But your years taking disability retirement benefits count toward your annuity. That’s another part of banditry!
So when you say, “Don’t worry about the fee”…
If you are going to make out like a bandit, why worry about how much it costs to make out like a bandit!
If you knew a stock would grow by three or four times, you would pay a little up front!
Now, if you don’t have money for a fee, that is a different problem. But many lawyers, including the ones I would refer you to, will be willing to take a contingency fee. That means they only take a fee if you win.
That will make it possible for you to get the help you need.
If you want to talk to Harvey about your situation, fill out the form at the right, send him an email, or give him a call. As a semi-retired lawyer, he is here to talk with you and help as best he can – think of him as a friend you drop in on for advice.
OPM DISABILITY RETIREMENT APPLICANTS ARE ROUTINELY CHEATED OUT OF DISABILITY RETIREMENT BENEFITS BY ADJUDICATORS WHO ARE UNTRAINED IN THE RELEVANT LAW AND MEDICINE
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How long do I have to work for the government in order to be eligible for disability retirement?
ANSWER: That depends on the retirement system to which you belong. FERS employees are required to be enrolled in their retirement system for a minimum of 18 months to be eligible for disability retirement. CSRS employees must be enrolled a minimum of five years in their retirement system to be eligible.
Will the amount I collect be related to the degree of my disability?
ANSWER: No. The amount you collect has nothing whatsoever to do with the degree to which you are disabled; nor does it have anything to do with how or where you were disabled; nor does it have anything to do with the cost or duration of the treatment you might require.
I have represented Federal government employees and Postal workers seeking OPM Disability Retirement for a long time. I also represent them in agency leave problems such as AWOL, FMLA, LWOP, etc. Leave problems often come along with being sick and disabled. I have stuck to this area of the law for more than 30 years of the 50 years I have been a lawyer.