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

Latest Blogs:
  Postal and Federal Employee Medical Retirement: A Working Paradigm
10/29/2014 by Federal Lawyer
Most doctors, attorneys, and the general public are familiar with the concept of "disability benefits", but only in relation to the Social Security Administration. It is rare that disability benefits are associated with, or are known to exist, separately for Federal employees or the U.S. Postal Service, in relation to a concept which is progressively unique and creatively formulated within a context of a society and a bureaucracy which is not normally know for such characteristics: a system of disability where the disabled individual is encouraged to seek employment without being penalized for earning income [...]
  Federal Disability Retirement: The Statement, the Stranger and the How
10/28/2014 by Federal Lawyer
Paper presentations are dangerous creatures; if read by a stranger, it lacks the context of familiarity, and therefore must include enough information and detail to lay the preparatory foundation for coherence and comprehensibility; when viewed by someone known, unwarranted inferences and implications may be extrapolated, where characters and references are alleged to be fictional representations of real people, events and encounters. [...]
  OPM Retirement for Mental or Physical Incapacity: Life Changes
10/27/2014 by Federal Lawyer
For some, transitions constitute mere alterations with minimal reverberations; but for most, change from routine is itself a traumatic event worth resisting even at the expense of one's own good, one's advantage, one's self-interest. Stability and the status quo represent a daily habituation of life where symbolism of sameness parallels security and safety. It may be the routine itself; and while complaints about work may abound, the complaining itself engulfs a camaraderie of a community of collectivism. [...]
  Federal Disability Retirement: The Rocking Chair and the Never-Ending Story
10/25/2014 by Federal Lawyer
The myth about retirement has long receded; once upon a time, there was an idea, a concept, an ethereal potentiality, of reaching a point of quietude where reflection, dispensing of wisdom, and calm gardening and tending to the passing of time would be the status of choice; but modern life has wreaked havoc upon such a notion. It was perhaps engendered by the character, Mose Harper (the sidekick of John Wayne) in John Ford's, "The Searchers", [...]
  The Balance of Relevance during the Preparation and Filing of an OPM Disability Retirement Application
10/24/2014 by Federal Lawyer
Extraneous information is somewhat determined by the eye of the beholder; outsiders tend to view things differently from those who hold greater and more intimate knowledge through interconnected and intersecting relationships; and implied understandings, furtive glances and knowing stares, coupled with a wan smile, are often indicative of an intramural web of knowledge. Looking to move into a neighborhood, one may drive through an area and see the pristine cut of well-manicured lawns, [...]
  Federal Medical Retirement: Always the Fundamentals
10/23/2014 by Federal Lawyer
Whether or at what stage of the process the Federal employee or the U.S. Postal worker finds him/herself in, it is always essential to harken back to the fundamentals of the legal criteria to meet. One can become sidetracked by the complexity of the process; and, indeed, the bureaucratic, procedural hoops which one must always keep in mind while maneuvering through the process, tend to obfuscate and confuse. Bureaucracies thrive upon complexities, just as most professions do; the greater the complexity, [...]
  Delaying the Filing of Your OPM Disability Retirement Application
10/22/2014 by Federal Lawyer
Delay temporarily suspends for a time in the future; sometimes, at the cost of immediacy of pain, but the human capacity to ignore and obfuscate allows for procrastination to be an acceptable act of non-action. But certain issues defy the control of delay; medical conditions tend to remind us of that, where attempted suspension of dealing with the pain, the progressively debilitating triggers, or the panic attacks which paralyze; they shake us to the core and pursue a relentless path which betrays procrastination. [...]

 

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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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