Category: Case Laws Applicable to Disability Retirement for Federal Employees

Case Law: Approval of Disability by the Social Security Administration

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 […]

Case Law: The Bracey Decision

The Bracey Decision Legal Analysis of Non-Statutory Laws 5 C.F.R. Sec. 831.1203 (a)(4), states that in order for a person to be qualified for disability retirement, the “employing agency must be unable to accommodate the disabling medical condition in the position held or in an existing vacant position.” This definition was further clarified in the […]

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