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

Latest Blogs:
  Federal Disability Law Firm: The Fear of Change
09/02/2014 by Federal Lawyer
The concept of a person, of what constitutes the differentiating identity of person X as opposed to Y, or multiple others, derives from the Greek etiology of "persona" -- of actors on a stage wearing costumes and masks, and able to portray a certain character in mostly tragic narratives entangling gods, men, love and jealousies. It is those differing masks which we put on -- of the joyful father, the loving husband, the implacable worker, the tireless servant, and so many others -- which in their constituted composite, represent the personhood of who we are. It is also, sadly, the interference and uncontrollable crisis which begins to fracture and break apart the very essence of being of a person. Medical conditions have a tendency to do just that. [...]
  FERS & CSRS Disability Standard Forms and the Proverbial Blank Slate
09/01/2014 by Federal Lawyer
The paradigm of a tabula rasa is a frightening one. It implies a complete negation of historical context, of evolutionary influence, and therefore denies instinct, nature, and pre-conditional implications. But clearly there are confines and parameters of behaviors, and different species of animals will act in specific ways peculiar to the individuality of the entity, while taking on certain imprinting models if surrounded by members of other species. [...]
  Disability Retirement from U.S. Federal Agencies: Creatures of Leviathan Proportions
08/30/2014 by Federal Lawyer
Leviathan is both a mythological sea creature, as well as the title of a famous book authored by Thomas Hobbes. It represents that uncontrollable entity of gargantuan proportions, unstoppable and thoughtlessly destructive. It takes on many forms, many faces; or none at all. It is an entity of nondescript characteristic, and engulfs countless lives marked by unidentified graves. [...]
  OPM Form SF 3112C and the Sufficiency of the Physician’s Statement
08/29/2014 by Federal Lawyer
Confusing necessity and sufficiency is always a precarious matter. That which is necessary may not be sufficient for a given purpose, and failure in understanding such a fundamental distinction can be fatal to a Federal Disability Retirement claim. SF 3112C requires that a physician complete and provide essential medical information in the pursuance of a Federal Disability Retirement application. The form itself -- SF 3112C -- is the vehicle by which the medical documentation is obtained. [...]
  OPM Disability Application Forms: SF 3112A and the Pathway through the Bureaucracy
08/28/2014 by Federal Lawyer
Bureaucracy and creativity are conceptual opposites, rarely spoken in the same sentence, and never compatible, representing always a contrast in self-contradictory terms. For, it is the former which implies the negation of the latter, or the stamping out of any hint of the former's influence upon the latter. [...]
  End Things & Federal Government Disability Retirement
08/27/2014 by Federal Lawyer
The end of summer comes too quickly; the final period of a sentence; the last paragraph of a novel enjoyed with pleasurable ease; the end of an activity once started without regard to the fruition of completion. Then, there is the "other" end of things, as in a positive goal to achieve, or the end result of hard work. In either sense of the word, [...]
  Federal Disability Retirement Claims: Mental Health, Stress and First Steps
08/26/2014 by Federal Lawyer
Disquietude is a negation of a former state of being. Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one's life measured as a fullness in comparison to what is occurring in the present. Regardless (as opposed to the nonsensical, double-negative modern vernacular of "irregardless"),

 

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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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