Federal Employee Disability Retirement Law

Author: OPM Disability Retirement Lawyer

OPM Disability Retirement 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.

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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.

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OPM Disability Retirement: 2018 and beyond

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, is often mistakenly thought to be a straightforward administrative process. The keyword here, of course, is “effective” — as opposed to “ineffective” or even “doomed at the outset.” What we do not know and what we assume to be true can often come back to bite us.

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The Bruner Presumption Today: Extension by Logical Implication

Adverse actions, administrative procedures of implementing increased pressure for greater productivity and, in the process, to enhance the efficiency of the Federal Service; PIP actions; leave restriction memos; refusing to grant LWOP beyond the allowance under FMLA; placing individuals who have exhausted all Sick Leave, Annual Leave and FMLA on AWOL status; these are some of the “big stick” pressures in the seemingly infinite arsenal of weapons, and more, at the discretionary use of every Federal Agency.

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OPM Medical Retirement: A Federal and Postal Challenge

Federal Disability Retirement is a benefit available for all Federal employees and U.S. Postal Workers, whether under FERS, CSRS, or CSRS Offset. So long as minimal eligibility requirements are met – 18 months of Federal Service for FERS employees, and 5 years for CSRS (which, given the nature of the old CSRS system, one assumes that anyone from that bygone era will necessarily have met that criteria) – the prefatory threshold for filing can begin; but beyond, the complexity of the law, the preponderance of the evidence to meet, the bridging nexus to formulate, and the administrative procedures to follow.

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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.

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FERS Disability Retirement: Accommodations, in Practical Terms

The issue of accommodations for the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, can be a complicating factor. On the one hand, the entire issue may be approached as merely comprised of, and dispensed with, a single form – Standard Form 3112D, otherwise entitled, “Agency Certification of Reassignment and Accommodation Efforts”.

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An Incentivized, Progressive Paradigm for the Federal and Postal Worker

These are difficult economic times. For the everyday worker, both Federal and Postal employees, the decisions made at the top echelons of the Federal Government and the U.S. Postal Service impact the financial security and viability of each and everyone. Bad decisions have a cumulative impact upon future alternatives for economic security. Wasted funds thrown at various programs which engendered political favoritism and popular responses at the time, are spent resources which now squeeze out necessary services and programs.

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FERS Disability Retirement from the OPM: Arguing with the Necessary Tools

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management requires, first and foremost, a sophisticated understanding and insight into the entirety of the Federal Administrative Process. Whether it is the procedural rules and regulations governing all Federal Disability Retirement applications — that all Disability Retirement applications, whether under FERS or CSRS, must be submitted through one’s agency if still employed, or within thirty one (31) days of being separated from Federal Service.

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Don’t Fill Out the OPM Standard Forms before You Know the Law

In undertaking any endeavor, one should never engage the activity until one has thoroughly analyzed and understood the overarching rules which govern the enterprise, whether it is in sports, a trade, a craft – or applying for a benefit at the Local, State or Federal level. Would you advise your child to play football without first going over the rules? Would you hand a power tool to a novice? Or entrust a large sum of money to an individual who possesses no knowledge about financial management?

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