Attorney Working Exclusively For Federal And Postal Employees From All Across  
     The U.S., Seeking To Obtain Disability Retirement Benefits Under FERS & CSRS

Latest Articles:
  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. [...]
  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. [...]

 

read all blogs »

Approval of Disability by the Social Security Administration
Legal Analysis of Non-Statutory Laws


Approval of Disability by the Social Security Administration: In Trevan v. Office of Personnel Management, 69 F.3d 520, 526-27 (Fed. Cir. 1995), the Federal Circuit Court found that in making a determination of eligibility for disability retirement under FERS, the Board must consider an award of SSA disability benefits together with medical evidence provided by the appellant to OPM, and other evidence of disability. This is because the Federal Circuit Court wanted a consistency of determinations concerning disabilities, by all governmental agencies and departments. Social Security obviously has a stricter standard, and requires that an applicant be "totally disabled" in order to award benefits. I have effectively argued that similar determinations by other governmental agencies (such as the Veterans Administration) should also be required to be considered by the Office of Personnel Management.




Copyright © 2011. Robert R. McGill, Esquire. All rights reserved.
Toll Free 1-800-990-7932 - Federal Disability Attorney