Individuals attempting to file for Federal Employee Disability Retirement, either under FERS or CSRS, on their own, and without an Attorney, must meet the same standards, same criteria, and same legal thresholds, as those who are represented. While it may cost an individual in the short term to hire an Attorney, that cost may be insignificant compared to the loss of a long-term investment….
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I have previously discussed the case of Bracey v. Office of Personnel Management, 236 F.3d 1336 (Fed. Cir. 2001). This is an important case which directly impacts upon the issue of accommodation. One of the threshold issues which a federal disability retirement applicant must overcome, is the issue of whether or not the Agency can accommodate the individual’s medical disability.
In Federal Employee Disability Retirement Law for CSRS and FERS, the main thrust of an application are twofold: proper medical documentation and resolution of all accommodation issues. However, you must also be aware of the hundreds of little “pothole” issues which unexpectedly appear in the course of filing for disability retirement, and it is often such smaller issues which hinder a successful filing.