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:
  Legal Representation on Federal Disability Retirement Claims: The Bionic Future
10/01/2014 by Federal Lawyer
Futuristic novels and foretelling of inventive creativity reveal an aspect of humankind in multiple forms: imagination transcending time, but coupled with fear and angst which is often the fodder for science fiction and impending technological anxieties. They constitute, of course, the flip side of a singular coin: fear on the one hand, and imagination fed by the fear, on the other. [...]
  Different Perspectives during Federal Disability Retirement Process
09/30/2014 by Federal Lawyer
Inform an individual that you suffer from Hansen's Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight. What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore. [...]
  Federal Medical Retirement: Soulful Windows
09/29/2014 by Federal Lawyer
Plato's well-known quote that the eyes are the windows to one's soul, presupposes the capacity of the "other" subject observing the individual, to make judgments, determinations and analytical conclusions. It is thus the subject becoming the object and prey. Medical conditions often have a capacity to do just that. There is something perverse in human nature, where the herd instinct of ganging upon the weak is somehow justified, and even applauded. Weakness is a vice; revealing it, a sin; acting it out, a mortal failure. Vulnerabilities and the manifestation of such open wounds require sensitivities beyond the human capability [...]
  Hostile Work Environment and the Centrality of the Medical Condition in a Governement Employee Retirement Claim
09/27/2014 by Federal Lawyer
Pithy quotes are replete throughout advisory or "self-help" books; it is a cottage industry involving coming up with linguistically sticky statements, like post-its tacked on to our sleeves in order to remind us of daily living tools to carry. "Keeping the main thing the main thing" is one such quote, and numerous similar mutations, which remind us that prioritization of concepts, in any endeavor, is important to keep in mind, and to not allow for peripheral concerns to overwhelm and dominate. [...]
  Federal Medical Retirement: The Coalition Forces
09/26/2014 by Federal Lawyer
One hears much these days about the importance of forming a coalition of forces before engaging an offensive action; and, indeed, there is the old adage of having strength in numerical superiority, and the sense that a consensus of opinions and cooperation of numbers results in an increased chance of success. Quantitative composites can mask a disarray of qualitative forces, [...]
  Experience and Federal Disability Retirement Benefits
09/25/2014 by Federal Lawyer
The vicious circularity of having or not having "experience" is comprised of the following: If too much weight is placed upon it and one is passed over because of its lack, then one will never be able to attain the experience needed in order to qualify; in order to attain experience, one must be given the opportunity to grow by trial and error; but such trial and error only reveals the lack thereof. [...]
  Disability Retirement for Federal Employees: Science versus Art
09/24/2014 by Federal Lawyer
There is an abundance of discussions these days relating to the methodological validity of science, especially as it concerns climate change.  The calculus applied; the variable deviations of conclusions; the computer models based upon dubious information inputted; and whether declaring that there is a “consensus” within the scientific community, and what constitutes such a declared […]

 

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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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