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OPM Disability Retirement: Medical Support, Belief, Documentation and the Diagnosis
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05/17/2012 by Federal Lawyer
Ultimately, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must always remind one's self that this is a "paper [...]
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Postal and Federal Disability Retirement: The Necessity of the Legal Argument
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05/16/2012 by Federal Lawyer
Disparate facts, placed in the same vicinity, aggregated in order to formulate a composite of conceptual constructs, can provide to the recipient information concerning a specific issue, [...]
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CSRS & FERS Medical Disability Retirement: The Only Real Standard
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05/15/2012 by Federal Lawyer
In legal parlance, there are various and multitudinous "standards" -- of proof; of evidence; of law, etc. Some have higher, more stringent requirements; others are considered fairly de minimis, [...]
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Federal Disability Retirement: Writing about Medical Conditions
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05/14/2012 by Federal Lawyer
It is easy to give advice about pain when a person is feeling no pain; it is unwise to act upon it when one is in an extreme state of it. For, the former will often be disbelieving of the extent and [...]
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FERS & CSRS Disability Retirement for Federal and USPS Workers: Simplicity
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05/12/2012 by Federal Lawyer
Simplicity is both a process and a goal; it is that which defines ease of action, minimization of effort, and beauty in its foundational form. Simplicity implies quietude of form, and reduction [...]
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Federal Worker Disability Retirement: Historical Relevance
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05/11/2012 by Federal Lawyer
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must thoughtfully [...]
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Disability Retirement for Federal Workers: Corresponding Responsibilities
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05/10/2012 by Federal Lawyer
The problem with being responsible for something, is that the moment there are any consequences which result from the assertion of it, everyone lifts their finger and points it in another direction. [...]
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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.
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