Medical Retirement for Federal Employees: Narrative for the Ages

The Age of Modernity is too cynical to believe; or, at the very least, too arrogant not to disbelieve. It was once thought that information is all that is necessary to propel humankind into a state of sophistication, but time has revealed that Orwell’s reverse effect merely compels us to rely upon devices more and more, and that neither knowledge nor greater wisdom is gained by the wide dissemination of data and content. We want a “cause” to believe in; yet, each day, we encounter those who allegedly toiled throughout their lives for just such a motivating core, […] Read More …

Epistemological Privilege and Federal Medical Retirement

The unique position of the individual in the greater world of objectivity — where the “I” dominates the subjective world but with a recognition that such a peculiar feature of the ego represents an almost insignificant, singular entity in a greater world of objects and other subjects — often results in a duality of opposing and contending, irreconcilable and incommensurable conclusions: the centrality of a unique person, but a necessary and humbling recognition that in comparison to an infinite universe, one is merely a speck of irrelevance. Bureaucracies tend to do that to a person. […] Read More …

Federal Disability Retirement and the Inescapable Bureaucracies

The gargantuan of Leviathans is the Federal entity with a bureaucracy so expansive that identities of Federal employees are not merely never recognized, but to a great extent, irrelevant. Certain agencies fall into that category: The Department of Defense; The Department of Homeland Security; the Department of Veterans Affairs; The Department of Agriculture, with all of their subsidiary services, including the U.S. Forest Service […] Read More …

Disability Retirement from U.S. Federal Agencies: Creatures of Leviathan Proportions

Leviathan is both a mythological sea creature, as well as the title of a famous book authored by Thomas Hobbes. It represents that uncontrollable entity of gargantuan proportions, unstoppable and thoughtlessly destructive. It takes on many forms, many faces; or none at all. It is an entity of nondescript characteristic, and engulfs countless lives marked by unidentified graves. […] Read More …

OPM Disability Retirement: Different Agencies

The question is sometimes asked as to whether, in filing for a Medical Retirement from the Office of Personnel Management, it makes a difference whether the Attorney […] Read More …

Medical Retirement Benefits for US Government Employees: Entrenchment

Once a Federal Disability Retirement application has been formulated, prepared, streamlined and filed though one’s Agency (or, if separated from one’s agency for more than 31 days, […] Read More …

OPM Disability Retirement: Petition for Full Review

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 …

OPM Decisions of Denial in FERS & CSRS Disability Retirement Case

There are two elements: competency/knowledge, on the one hand, and authority/power on the other. When the two come together, we then have the combination resulting in a reasoned decision. It is indisputable that an Agency has the authority and power to make administrative decisions. On the other hand, if the Agency makes a decision without Read More …

The Bruner Presumption

Just some comments about this important concept and one which all disability retirement applicants should be aware of. It is well-established law that an employee’s removal for his or her physical inability to perform the essential functions of his job or position, constitutes prima facie evidence that he is entitled to disability retirement as a Read More …