Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.  For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct  […] Read More …

CSRS & FERS Disability Retirement: Complexity in the Hidden Background

To prove one’s eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is seemingly an uncomplicated matter. As one’s medical condition impacts the ability to perform one or more of the essential element of one’s job, it is up to the treating doctor to establish […] Read More …

Federal and Postal Disability Retirement: Sufficiency of Evidence

At what point is the sufficiency test satisfied? Who determines when the bathtub is full enough in order to bathe? What constitutes the threshold of being gluttonous on Thanksgiving, as opposed to having had a hearty meal? And, for a FERS or CSRS Disability […] Read More …

Postal and Federal Disability Retirement: The Beast of Burden

The burden is undertaken by those have little choice in the matter, but who willingly submit to the responsibility and obligation. Traditionally, the “beast of burden” (other than being a Rolling Stone song) refers to a somewhat-domesticated animal, perhaps a donkey or an ox, […] Read More …

Postal and Federal Disability Retirement: And the Question is …

The responsive statement often given is: Federal Disability Retirement is not a matter of merely filling out forms; if that were the case, anyone should be able to do it without an attorney. […] Read More …

Federal Worker Disability Retirement: The Applicability of the Legal Argument

If there is a legal argument to be made, make sure that it is applicable; further, it is important to distinguish between the necessity of making a legal argument, as opposed to allowing […] Read More …

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Burden

Ultimately, a Federal Disability Retirement application is a paper-presentation to the U.S. Office of Personnel Management. Yes, yes, we are entering into a “paperless” technological society […] Read More …

Medical Retirement for Federal Workers: The Silent Sufferer

The silent sufferer rarely gets noticed; but, of course, that is the whole point. It is analogous in an inverse manner to the childhood adage that the squeaky wheel gets the oil. […] Read More …

Federal Disability Retirement: Proof

This is a proof-based process. It is not merely a matter of completing some forms and meeting procedural guidelines in order to obtain a benefit; rather, it is an administrative process […] Read More …