Federal Employee Disability Retirement Law

Tag: Knowing the law during the FERS Disability Retirement process

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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OPM Disability Retirement: While the Law May Favor the Applicant, the Process Does Not

There is often a suspicion that certain forums are “weighted” in favor of the government. In speaking with Federal and Postal Workers who are contemplating filing for Federal Disability Retirement benefits from the Office of Personnel Management, a concern which often surfaces repeatedly is that the Merit Systems Protection Board is “weighted” in the government’s favor. While it may be true that the MSPB may find in favor of the Federal Government and its agencies in a majority of cases, this does not necessarily mean that there is a bias on the part of the Administrative Judges.

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FERS Disability Retirement: Understanding the Complexities of the Law

The law is often a compendium of complexities for the lay person. Non-lawyers who enter into the “arena of law” often find it befuddling, confusing, and moreover, against the very grain of what law is “meant” to be. Law is meant to provide “justice”. But if Justice is indeed the goal, one must know, understand, and apply the law properly. This is no less true for those Applicants who are attempting to obtain Federal Employee Disability Retirement benefits from the Office of Personnel Management.

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Federal Disability Retirement: The Case Does Not End Until a Final Order is Issued and the Time for Appeals Has Expired

In Law, not only is persistence necessary (as well as being a virtue), it is necessary in order to prevail. It is always disheartening to go up against a governmental Agency; it is even harder when a person suffers from a medical condition which impacts one’s physical abilities, or perhaps one’s emotional or cognitive capabilities — or both. The process of obtaining Federal Disability Retirement under FERS or CSRS from the Office of Personnel Management is a long road […]

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Legal Updates Impacting Disability Retirement Laws for FERS and CSRS Employees

I have often discussed the legal advantages of being separated from Federal Service for one’s “medical inability to perform” one’s job, which results in what is commonly known as the “Bruner Presumption”, where such a termination results in a prima facie showing of his or her burden of proof. What this means is that, with such a termination, the “burden of production” shifts to the Office of Personnel Management, who must disprove your entitlement to disability retirement.

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