Attorney helping Federal and Postal Employees from all across the U.S.  
  obtain Disability Retirement Benefits under FERS & CSRS

Latest Blogs:
  FERS/CSRS Disability Necessary Forms: OPM SF 3112 & 3107
08/19/2014 by Federal Lawyer
All SF Standard Forms issued by Federal agencies must be distinguished by the specific content of information requested. Thus, for the Federal and Postal employee who desires to file for the benefit of OPM Disability Retirement, the two primary series of OPM (the acronym for the "U.S. Office of Personnel Management") forms [...]
  SF 3107 and SF 3112
08/18/2014 by Federal Lawyer
Standard Forms tend to require tailored responses. That is precisely what it is meant to do. The very appearance of a Standard Form, or of any forms provided and required by the Federal Government, is intended to specifically contain and constrain responses, as well as an attempt to target a wide range of the population of ages and education groups. What statutes, laws and regulations were promulgated by the formulation of the form; the history behind the legislative intent of the form; [...]
  SF 3112
08/16/2014 by Federal Lawyer
Standard Forms are a necessary part of life. Bureaucracies streamline for efficiency of services; the question of whether such efficiency is for the benefit of an applicant to a Federal agency, or to ease the workload of the agency and its employees, is ultimately a fatuous question: as common parlance would sigh with resignation, "it is what it is". For the Federal and Postal employee [...]
  Federal Disability Retirement: Vows and Contracts
08/15/2014 by Federal Lawyer
People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one's self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished. [...]
  Experiential Responses: Medical Retirement for Postal & Civilian Federal Employees
08/14/2014 by Federal Lawyer
Life's garbage is supposed to teach us lessons; that is what we are taught from a young age. Thus, long lines allow for an opportunity to test patience; insults and ingratitudes, self control; imprudent behavior, an antipathy towards it; lengthy battles, allowing a lesson to forge on while others give up; and similar encounters which provide ample revelations for altering one's natural instinct of regressive responses. [...]
  The Physicians and the Substance of a Federal Disability Retirement Case
08/13/2014 by Federal Lawyer
Ultimately, the essence of any claim, endeavor, vocation or activity possesses a characteristic "essence" of a matter -- that which defines itself, reveals its core value, and manifests the substantive content of what X "is" as opposed to the accidental and peripheral appearances which can throw one off from the central enigma of that which we seek to unravel. [...]
  Medical Retirement for Federal Workers: Wotan’s Spear
08/12/2014 by Federal Lawyer
It is the spear engraved with runic laws, captured in Wagner's opera cycle, and Norse legend has it that it never misses its mark regardless of the ability of the wielder. In health, that is how many feel, and come to believe. In ill-health, or declining and deteriorating health, one's mortality, susceptibility, and vulnerability come into question; [...]

 

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Frequently Asked Questions (FAQ)
The following are some "Frequently Asked Questions". Most of these questions are answered in greater detail in my articles, which you may read in the section entitled Articles. However, below are some questions and answers for your convenience:

    What is "Federal or OPM Disability Retirement"?
Federal disability retirement is a benefit accorded to all Federal and Postal Employees under the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS). 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.
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    Who approves my disability retirement?
The Office of Personnel Management (OPM), a Federal Agency, approves or disapproves all disability retirement applications.
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    What is the difference between Social Security Disability and
    Disability Retirement?
The main difference is that the criteria to obtain Social Security Disability is much higher -- that of "total disability". To obtain disability retirement under CSRS or FERS, you must merely be disabled from performing one or more of the essential elements of your particular kind of job.
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    Must I file for Social Security if I apply for disability retirement?
CSRS employees need not file for Social Security. If you are under FERS, you must file for Social Security disability during the application process. In recent months, the Office of Personnel Management (OPM) has indicated that Social Security may be filed after a person's disability retirement application has been approved, and the individual has been separated from service.
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    Must I be totally disabled in order to file for disability retirement?
No. You only need to be disabled from performing one or more of the essential elements of your particular kind of job.
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    Must my disability be caused by my job?
No. Unlike Workers Compensation cases, where the issue often involves whether or not your job caused your injury or disease, or whether it occurred on the job, disability retirement has no requirement of being "job-related".
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    Can I work even if I am approved for disability retirement?
An individual is allowed to collect disability retirement, and work at a different job and earn up to 80% of what his or her former position pays currently. Thus, by way of example, an individual who was making $50,000.00 per year, could go out and get a job making $40,000.00 per year, as well as continue to collect his or her disability annuity.
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    When should I file for Disability Retirement?
Because the disability retirement application process takes a considerable amount of time (average length, about 6 - 8 months), an employee should file as soon as he or she knows that the disability will last for at least 1 year. If you have been terminated or separated from Federal Service, you have only up to 1 year to file for disability retirement. If you fail to file within that 1 year, you lose your right to disability retirement forever. So, to recap: You have 1 year to file from the time you are separated from service, and your disability must last for at least 1 year.
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    Can I continue to work while waiting for OPM to approve my case?
Yes. Most people, because of financial considerations, must continue to work. If the Agency has light duty, or if the individual can do some, but not all, of the essential elements of the job, then continuation in the job is a viable option.
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