Legal Assistance to Federal employees & Postal workers seeking FERS Disability Retirement benefits. Call us at 1-800-990-7932 for a free evaluation of your case.
It is an accepted fact that there is a “psychological” aspect to almost everything in life, and this is no less true in the field of disability retirement law. The “psychological” aspect is the nexus, or bridge, from the Reconsideration Stage to the Merit Systems Protection Board. From OPM’s viewpoint, this is the last chance Read More …
For whatever reason, a certain percentage of cases reach the third level in the process of applying for Federal Disability Retirement benefits: The Merit Systems Protection Board. If an individual is unrepresented at this level, the identical problem as that which occurs in any courtroom presents itself: an attorney representing an individual provides an appearance Read More …
In this article, I will be addressing two separate issues: First, the issue of OPM’s Medical Questionnaire, and next, the issue of Accommodations. OPM’s Medical Questionnaire At each stage of the process, an annuitant must always see his or her monthly annuity as a right which must be fought and protected. In recent months, I Read More …
The next step beyond the Merit Systems Protection Board, of course, is a choice: You can either file an immediate appeal to the Federal Circuit Court of Appeals, or file a Petition for Review before the Merit Systems Protection Board, where the decision of the Judge at the Merit Systems Protection Board will be reviewed Read More …
The third step in the process of filing and obtaining disability retirement from the Office of Personnel Management is to appeal the case to the Merit Systems Protection Board. This is initiated after a disability retirement application has been denied twice: First, at the initial stage, then, upon a request for reconsideration and an opportunity Read More …
When putting on a disability retirement case under FERS or CSRS before the Merit Systems Protection Board, it is essential that an applicant (if unrepresented) and the attorney (if represented, the applicant need not participate in any Prehearing Conference, but will obviously encounter the Judge during the Telephone Hearing) listens to the Administrative Judge during Read More …
When an individual has attempted to obtain disability retirement under FERS or CSRS on his/her own, but has failed at both the initial stage as well as the Reconsideration Stage, while it is true that a Hearing before an Administrative Judge at the MSPB is to be heard de novo (meaning, heard “anew” and where Read More …
FERS and CSRS disability retirement applicants are especially “vulnerable” because of the inherently precarious financial situation that an applicant often finds him/herself in, and often desperate need for an approval from the Office of Personnel Management. Most of the cases that I represent are approved at the First Stage; upon a denial, however, it is Read More …
At each state of attempting to get a Federal disability retirement application approved, it is important to “remember the details”. For example, at the Merit Systems Protection Board level, in conducting a Hearing, remember that if the best medical evidence/testimony you are able to provide is through a health professional other than an “M.D.” (e.g., Read More …
While the issue of ‘causality’ is not one which often comes up in OPM disability retirement cases (by obvious contrast, of course, is the fact that causality, whether it was caused while working, on the way to work, outside of the parameters of work, etc, is often an issue in OWCP/DOL cases), there are certain Read More …