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:
  OPM Disability Retirement Wait Processing Time
09/15/2014 by Federal Lawyer
What is the time it takes to process an OPM Disability Retirement application? Most of it depends upon the delays naturally encountered throughout the process itself: the length of time doctors take in compiling the medical information requested; preparation and formulation of one's Federal Disability Retirement forms, including the Statement of Disability; how long the agency Human Resource Office takes (is it through a local H.R. Office, or through a centralized district human resource office; for Postal employees, everything it submitted through the H.R. Shared Services office in Greesnboro, North Carolina); [...]
  Federal Medical Retirement: Pros and Cons
09/13/2014 by Federal Lawyer
Federal employees and Postal workers who suffer from a medical condition, where the seriousness of the medical condition begins to impact the ability and capacity to perform one or more of the essential elements of one's job, must take a pragmatic, blunt assessment of one's future -- taking into account all of the factors necessary in order to make a proper decision. For, in the end, the choices are starkly limited: Stay at one's job (often not even a real choice, given that the med condition and its impact upon one's ability to perform the essential elements of one's job has forced the question itself to be asked); [...]
  Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve
09/12/2014 by Federal Lawyer
Trends are often characterized by the actions of a few. Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial "curve" which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future. The ivory tower of academia is another such bastion of proclivities where, if observed [...]
  Federal Disability Retirement Representation: Substance and Process
09/11/2014 by Federal Lawyer
In any bureaucratic, lengthy administrative process, one can become embroiled in the procedural aspects of an endeavor, and overlook the substantive elements which form the foundation of any case. Conversely, one can make the mistake of approaching a case and declare to one's self, "This is so obviously a good case," and take shortcuts in the process of putting together an effective and persuasive case. Either approach is one fraught with grave errors, and for Federal employees and Postal [...]
  Beginning the Federal Disability Retirement Process
09/10/2014 by Federal Lawyer
The Chinese proverb, "The journey of a thousand miles begins with a single step", is meant to remind us that looking at a process in its entirety can result in self-defeat even before starting, and every daunting journey must begin with the small, almost insignificant, effort of initiation. Facing a bureaucracy and an administrative process can feel like that metaphorical journey of a thousand miles. The multiple and complex standard forms to complete [...]
  Federal Disability Benefits: Agency Input
09/09/2014 by Federal Lawyer
Whether, and to what extent, Federal agencies will support a Federal Medical Retirement, goes to the ultimate issues of sufficiency, necessity and relevancy. Sufficiency is satisfied by the minimal act of completing the two primary standard forms which the agency is responsible for: SF 3112B (the Supervisor's Statement) and SF 3112D (Agency Certification of Reassignment and Accommodation Efforts). [...]
  OPM Medical Retirement: Holding on
09/08/2014 by Federal Lawyer
The sense of belonging -- of the attraction of the communal hearth -- is a powerful draw, and prevents many from traveling too far from the proverbial oak tree. The inherent contradiction, for Americans, is the paradigm of the rugged individual, and the concomitant idea that this country was and is different precisely because of the type of individuals and individualism which formed the basis of this community we call country. [...]

 

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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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