success - Federal Disability Lawyer

OPM Disability Retirement: A 5-Step Pathway to Success

The essential principle behind Federal Disability Retirement is twofold: (A) recognition that individuals may become disabled, through medical conditions or injuries which impact one’s ability to continue in the chosen vocation in the Federal Sector, combined with (B) a progressive acknowledgment that the mere fact that one is disabled, should not mean that the disabled individual cannot potentially remain productive in another vocation, capacity, or employment sector.

September 29, 2014 December 23, 2021

Sticking to Basic Approaches is the Road to Success

The preparation, formulation, and finalization prior to filing a Federal Disability Retirement application, whether under FERS (the Federal Employees Retirement System) or CSRS (Civil Service Retirement System), should be sufficiently reviewed and carefully scrutinized prior to submission to the Agency of the Federal Employee (if still employed or separated but not more than 31 days) or the H.R. Shared Services Center for the Postal Employee (in Greensboro, North Carolina, where all Postal Disability Retirement applications are processed….

October 13, 2011 May 25, 2020

FERS Medical Retirement: Revisiting SF 3112D on Accommodations

Whatever the concept of “integrity” entails, it must always focus — if it is to mean anything at all— consistency of principled behavior. For, an individual cannot believe in X and behave in Negative-X and retain any reputation for integrity. Similarly, one cannot believe in Y on Monday, but on Tuesday behave in a manner which negates the principle of Y. Now, John Rawls aside (who would maintain in his stupendous work, A Theory of Justice, that consistency in Justice (with a capital letter “J”)

June 4, 2022 July 28, 2022

OPM Disability Retirement Application Package: The Sequence of SF 3112 Series of Forms

Conformity is a natural reaction for most individuals. That is not a criticism; rather, it is merely a statement of fact. Thus, if we are given a list of things to do, even if the sequence of A, B & C is randomly selected and illogically mandated, we tend to follow the linear instructions imposed. Take a simple example: A, straighten up your room; B, change the vacuum cleaner bag, C, vacuum the stairs. Now, a moment of pause may have you switch B & C — depending upon a contingency which requires a quick inspection.

November 2, 2021 November 25, 2022

OPM Disability Retirement Application FAQs

The following are some “Frequently Asked Questions”. Most of these questions are answered in greater detail in my articles, which you may read in the section entitled Articles. However, below are some questions and answers for your convenience. What is Federal or OPM Disability Retirement? Federal Disability Retirement is a benefit accorded to all Federal and Postal employees under the Federal Employees Retirement System (FERS), as well as for those under the older system (if any are still in existence), the Civil Service Retirement System (CSRS). For FERS employees, the Federal or Postal employee must have a minimum of 18

May 25, 2020 July 6, 2022

Extremely patient and passionate

Robert is an excellent attorney! I hired him to push through the administrative morass of federal disability retirement. His experience and expertise in this particular field is unparalleled. Furthermore, he was extremely patient and promptly passionate in answering all of my inane questions and concerns during the entire process. He prepared me for the likely denial of the initial application, but assured me the appeal was strong, entirely consistent with the law, and likely to be successful. He was right! Dwayne

May 21, 2020 November 26, 2021

CSRS: §831.1207 Withdrawal Of Disability Retirement Applications

§831.1207 Withdrawal Of Disability Retirement Applications Title 5 – Part 831 L: Disability Retirement (CSRS) (a) OPM will honor, without question, an applicant’s request to withdraw an employee-filed disability retirement application if it receives the withdrawal request before the employing agency has separated the current employee, or, if the employee has already separated from the service, the withdrawal request is received before the official notice of approval has been issued by OPM. Similarly, OPM will honor, without question, an agency’s request to withdraw an agency-filed disability retirement application if it receives the withdrawal request before the employee has separated from

May 6, 2020 June 19, 2020

CSRS: §831.1209 Termination Of Disability Annuity Because Of Restoration To Earning Capacity

§831.1209 Termination Of Disability Annuity Because Of Restoration To Earning Capacity Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Restoration to earning capacity. If a disability annuitant is under age 60 on December 31 of any calendar year and his or her income from wages or self-employment or both during that calendar year equal at least 80 percent of the current rate of basic pay of the position occupied immediately before retirement, the annuitant’s earning capacity is considered to be restored. The disability annuity will terminate on the June 30 after the end of the calendar year in

May 4, 2020 June 19, 2020

Welcome

Federal Disability Lawyer You are invited to read the articles I have recently written concerning various aspects of the Federal Employee Disability Retirement process in the following websites: FedSmith, EzineArticles, Postal Reporter, or you can visit and view my new blogs (updated daily) on Federal Administrative Law at Lexis Nexis’ Lawyers.com. Then, call me for a free telephone consultation to discuss the specifics of your OPM Disability Retirement case at 1-800-990-7932. Landmark success for many FERS Disability Retirement annuitants. Attorney Robert R. McGill has won a precedent-setting case for those individuals who are or were receiving FERS & SSDI benefits concurrently. In the past,

January 9, 2020 November 24, 2022

5 Primary Reasons for a FERS Disability Retirement Application Denial

As a general rule, denials will normally be sent by the U.S. Office of Personnel Management by Certified Mail with a signature requirement. If the correspondence is otherwise received by regular mail with no such signature requirement, it is likely either a request for additional information or an approval. Preliminarily, it is crucial to point out that a Federal employee or U.S. Postal worker who receives a denial in response to an application for Federal Disability Retirement benefits must file a Request for Reconsideration within 30 days of the date of the Denial Letter — NOT 30 days from the receipt of the denial.

August 27, 2019 April 26, 2022

Federal Employee Disability Retirement Law

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