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

Latest Blogs:
  The Sequence of Steps during Federal Disability Retirement Filing
10/21/2014 by Federal Lawyer
Confusion often results in a meandering of purposes; on a graph, it is rarely the linear focus of a clear start point with an end goal; instead, the zig-zagging effect of wasted energies manifests a lack of insight into the procedural methodologies which should be followed in any endeavor. Just as a broken clock can be correct in telling time twice in a 24-hour period, so an endeavor engaged can sometimes result in an effective product, but one should never rely upon the statistical chance that success will result from confusion. [...]
  Federal Disability Retirement: The Symbiotic Relationship
10/20/2014 by Federal Lawyer
In biology, symbiosis refers to the interaction between two different organisms, often benefiting both. It is the coexistence through the capacity to acquire greater advantage without diminishment and harm to the other, which then allows for the balance of nature to occur. In other contexts, in differing circumstances or changed environments, perhaps the relationship and the interaction would alter, [...]
  Federal Disability Reconsiderations & Additional Medical Information
10/18/2014 by Federal Lawyer
The denial comes in the mail; it is a further delay, a negation of prior efforts; for many, it undermines and constitutes a condemnation of sorts, and a refusal of an affirmation sought in places and from people where none is offered. It is, after all, another piece of correspondence which negates the negative: the medical condition itself and the loss of one's ability to perform one or more of the essential elements of one's job, represented the first foundation of negation; now, a denial from the U.S. Office of Personnel Management merely confirms, via a second negation, the loss of positive forces inherent in failure and Federal bureaucracies. [...]
  Federal Disability Retirement: The Identity Crisis
10/17/2014 by Federal Lawyer
It is through ascription from third parties, over extended time periods, where the development of self-identity takes root, through subtle, incremental ways, until one day, unnoticed, without fanfare and unheralded, it becomes a known quantity of acceptance within one's social circles, professional associations and the greater macrocosmic world we encounter. The day or the time can never be pinpointed; having a name plate designed and placed upon one's desk does not provide it; and calling yourself repetitively the title or nomenclature doesn't quite satisfy the requirements of the sought after. That is the anomaly; [...]
  The Law of Salvage and Federal Disability Retirement Compensation
10/16/2014 by Federal Lawyer
The concept is derived from maritime law, where recovery of ship or cargo at sea left to abandonment and forfeiture should be duly compensated of a value commensurate with the worth of the property salvaged. The ocean is a perilous expanse, fraught with dangers encompassing weather, treacherous beneath-the-surface terrain, and potential piracy; and it is within this context of the magnitude of dangers to be faced, that the equitable principles of maritime law are applied. And isn't that what one must do in most phases and contexts of life? [...]
  OPM Disability Benefits: The Afterthought
10/15/2014 by Federal Lawyer
It is perhaps best that anticipatory planning, based upon predictive analytics, is an afterthought for human intuition and predilection of priorities in life. Otherwise, one can remain in a world of obsessive preventative maintenance of efforts, and never accomplish what needs to be done today. Future forebodings aside, and whether an individual engages in hazardous duties which exponentially increase the statistical curve for the onset of an occupational disease or injury, or the development of a medical condition through repetitive and overuse of a particular appendage [...]
  OPM Disability Retirement: The Power of Approval
10/14/2014 by Federal Lawyer
Whether the Federal agency or the U.S. Postal Service can have a significant impact upon a Federal Disability Retirement application is a question often asked; then, of course, there are always suspicions that certain individuals and entities may try to undermine or otherwise sabotage, out of pure animus and acrimonious low-down-ness (not a legal or technical term, by any stretch of the imagination), by going through "back-door" channels and attempting to influence or otherwise paint a portrait of perverse circumstances. At best, agencies, individuals and entities of the Federal kind can remain neutral [...]

 

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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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