Csrs handbook attorneys

It became effective on January 1, All new federal civilian employees since that time who have retirement coverage are covered under FERS. The Social Security and the TSP components can go with the employee to his or her next place of employment if he or she leaves the federal government prior to retirement. FERS requires federal employees to pay their individual shares each pay period as payroll deductions.

Annual earnings in excess of the maximum taxable wage base are not subject to the Social Security tax. For each case reported to LSC, grantees shall capture and maintain case and client information necessary for effective case management. Grantees may use any appropriate means to do so, including: electronic entries in an automated case management system database, notations on an intake sheet or other hard-copy document in a case file, or through an automated intake system in which applicants enter information.

Signatures can be in any legally valid format, including handwriting or electronic signatures. It is critical that calculations involving exceptions to income ceilings are not applied in a manner that changes the gross income recorded in the file. The program must record household size, household income, and the specific identity of the government program. In support of such determination, the program must have on file a resolution, minutes, or other written evidence of action by its Board stating that eligibility for that specific government program qualifies a client as financially eligible.

No further documentation of income or assets is required. Grantees shall use the equity value of a non-excluded asset as opposed to its fair-market value in calculating asset eligibility. Grantees must document this determination through notation in the case record in lieu of the total value of assets. For a group client, the program must collect information that reasonably demonstrates that the group, corporation, association, or other entity meets the Part eligibility requirements set out in Advisory Opinion For cases in which program staff has in-person contact with the client or the program provides continuous representation beyond Counsel and Advice or Limited Action CSR Closure Categories A and B , the documentation of U.

A citizenship attestation shall be stated as follows:. This citizenship attestation may be on a separate document or may be contained within another document such as an intake sheet or retainer agreement , provided there is a separate signature line tied only to the citizenship attestation. Signatures can be in any legally valid format including handwriting or electronic signatures. For each case reported to LSC, the case file or the CMS must contain a description of the legal assistance provided to the client.

Such description should be sufficient to document that the assistance is a case and to support the level of assistance selected by the program to close the case. The program shall report only the highest level of service provided when a program provides more than one type of assistance to an eligible client during the same calendar year when attempting to resolve essentially the same legal problem, as demonstrated by the factual circumstances giving rise to the problem. The program shall report repeated instances of assistance to the client as a single case when a program provides assistance more than once within the same calendar year to an eligible client who has returned to the program with essentially the same legal problem, as demonstrated by the factual circumstances giving rise to the problem.

For example, if a program assists a client on two or more occasions with an on-going problem, the factual circumstances of which remain essentially the same over time, the program shall report its assistance to the client as a single case, even if the program has provided Counsel and Advice or Limited Action to the client on more than one occasion within the same calendar year.

However, this presumption is rebutted and two or more cases may be reported if the legal issues are sufficiently different, as evidenced by the presence of legal issues that:. For court cases, if the legal problems are resolved under one Civil Action Number, only one case is reported. If there are multiple Civil Action Numbers, then multiple cases are counted. For example, if a client seeks assistance with related child custody and support problems, and the program assists the client by preparing a pleading or other document that addresses both problems, then the program shall report its assistance to the client as a single case.

However, if child custody and child support are addressed in different actions or in different courts, then more than one case should be reported for the client. Grantees may provide alternative forms of service such as alternative dispute resolution, pro se clinics, workshops, legal education, kiosks, and web assistance. Grantees may report a case that includes a referral only when the case otherwise qualifies as a case under the requirements of the CSR Handbook.

Referral does not include directing an applicant or transferring an intake or accepted case from one program office to a PAI case handler, subrecipient, or office within the same program. That situation does not qualify as a closed case or Other Matter for the first office and a new open case or Other Matter after the referral.

Rather, it is a single case handled by the program if it otherwise meets the CSR requirements. The purpose of case closure categories is to delineate the level of service provided to the client in each case. All legal assistance recorded and reported to LSC as a case must:.

A case closed in which the program provided legal advice to an eligible client should be closed as Counsel and Advice e. Examples include, communications by letter, telephone or other means to a third party; preparation of a simple legal document such as a routine will or power of attorney; or legal assistance to a pro se client that involves assistance with preparation of court or other legal documents.

A case closed in which the program negotiated and reached an actual settlement on behalf of a client without any court or administrative actions pending should be closed as Negotiated Settlement Without Litigation.

This category includes settlements negotiated with an administrative agency prior to the filing of a formal administrative proceeding. The file should contain documentation of the settlement through either an actual written settlement or a written confirmation of the settlement with the opposing party.

If neither of these are available, the file should contain a copy of a communication to the client outlining the terms of the settlement. Pro se cases cannot be closed in this category.

A case closed in which the program negotiated and reached an actual settlement on behalf of a client while a court or formal administrative action was pending should be closed as Negotiated Settlement With Litigation. Settlements of pending court or administrative actions should be closed in this category even if the court or administrative agency issues an order memorializing the settlement.

A case closed in which the program represented a client in an administrative agency action that resulted in a case-dispositive decision by the administrative agency or body, after a hearing or other formal administrative process e.

This category does not include settlements made during the course of litigation that are then approved by the administrative agency, voluntary dismissals, or the grant of a motion to withdraw as counsel.

A case closed in which the program represented [45] a client in a court proceeding that resulted in a case dispositive decision made by the court should be closed as a Court Decision. This category does not include appeals or writs taken from administrative agency decisions or lower trial court decisions to a higher level trial court acting as an appellate court, whether they are on the record or de novo proceedings.

A closed case that does not fit any of the other CSR case closure categories should be closed as Other. Cases which fit two or more CSR categories may not be closed in this category, but should be closed in the category which best reflects the level of service provided.

A case closed in which the program undertook extensive research, preparation of complex legal documents, extensive interaction with third parties on behalf of an eligible client, or extensive on-going assistance to clients who are proceeding pro se should be closed as Extensive Service. Some examples of extensive service include the preparation of complex advance directives, wills, contracts, real estate documents or other legal documents, or the provision of extensive transactional work. This category also includes cases closed after extensive interaction or negotiations with another party which do not result in a negotiated settlement.

Provide a survivor annuity payable upon the death of an employee or retiree. Require an employee to cover his or her children under the FEHB. Retirement benefits can also be garnished for alimony, child support, or for cases involving child abuse. Which agency oversees how government benefits may be awarded? It requires that certain words or orders must be contained in a divorce decree. How do I claim court-ordered divorce benefits from OPM? OPM must also know any changes in circumstances that could affect the payout of benefits.

The former spouse should file the above information as soon as possible. Do not wait for the employee to retire, even if the spousal benefit begins years in the future. By telephone — Call [TTY ]. Customer Service Representatives are available at these numbers on all Federal work days from a. Eastern time. At any other time of day, you may leave a message. By email — at retire opm. On the internet — The address is opm. How are survivor benefits provided for a former spouse? Under CSRS, a survivor annuity is payable.

Under FERS, a lump sum death benefit is payable, and a survivor annuity is also payable if the employee has 10 years of creditable service. This can only be provided upon written request. Can a TSP be garnished as part of divorce?

As a former spouse, am I eligible for vision and dental benefits? Where can I find more information about how my federal benefits will be affected during a divorce or division of assets? What about life insurance coverage as part of a divorce settlement? How are military benefits, such as retirement pay and disability payments, handled in a divorce? There are special provisions for military retirement payments to former spouses. Military pay is technically not a pension and benefits do not accrue over time.

A state court does not issue a QDRO when dividing military retirement pay. It does not apply to an award of alimony or child support.

Courts cannot divide military disability payments. A Guide to Cryptocurrency and Divorce.