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:
  Disability Retirement from U.S. Federal Agencies: Creatures of Leviathan Proportions
08/30/2014 by Federal Lawyer
Leviathan is both a mythological sea creature, as well as the title of a famous book authored by Thomas Hobbes. It represents that uncontrollable entity of gargantuan proportions, unstoppable and thoughtlessly destructive. It takes on many forms, many faces; or none at all. [...]
  OPM Form SF 3112C and the Sufficiency of the Physician’s Statement
08/29/2014 by Federal Lawyer
Confusing necessity and sufficiency is always a precarious matter. That which is necessary may not be sufficient for a given purpose, and failure in understanding such a fundamental distinction can be fatal to a Federal Disability Retirement claim. SF 3112C requires that a physician complete and provide essential medical information in the pursuance of a Federal Disability Retirement application. The form itself -- SF 3112C -- is the vehicle by which the medical documentation is obtained.
  OPM Disability Application Forms: SF 3112A and the Pathway through the Bureaucracy
08/28/2014 by Federal Lawyer
Bureaucracy and creativity are conceptual opposites, rarely spoken in the same sentence, and never compatible, representing always a contrast in self-contradictory terms. For, it is the former which implies the negation of the latter, or the stamping out of any hint of the former's influence upon the latter. [...]
  End Things & Federal Government Disability Retirement
08/27/2014 by Federal Lawyer
The end of summer comes too quickly; the final period of a sentence; the last paragraph of a novel enjoyed with pleasurable ease; the end of an activity once started without regard to the fruition of completion. Then, there is the "other" end of things, as in a positive goal to achieve, or the end result of hard work. In either sense of the word, [...]
  Federal Disability Retirement Claims: Mental Health, Stress and First Steps
08/26/2014 by Federal Lawyer
Disquietude is a negation of a former state of being. Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one's life measured as a fullness in comparison to what is occurring in the present. Regardless (as opposed to the nonsensical, double-negative modern vernacular of "irregardless"),
  SF 3112D
08/25/2014 by Federal Lawyer
OPM Standard Form 3112D: Agency Certification of Reassignment and Accommodation Efforts:
What does it mean to accommodate, and what, pray tell, constitutes an "effort" to do so? Is the agency's obligation to pursue avenues of reassignment or accommodation satisfied by the mere completion of SF 3112D and, if not, does the agency merely pay lip-service in its obligation, or are continuing efforts required to be actively undertaken? [...]
  SF 3112C
08/23/2014 by Federal Lawyer
OPM Standard Form 3112C: Physician's Statement:
Forms tend to intimidate; the more official the appearance, the greater heightening of anxiety in close encounters of this kind. Beyond the alien look of some forms (for those who have already identified the two references to Steven Spielberg's 1977 Science Fiction film, you have revealed what generation you are from), the size of the font, the extent of warnings issued (i.e., "Privacy Act and Public Burden Statements", etc.), and most importantly, the cogency and clarity of understanding [...]

 

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