Attorney Representation in Federal Disability Claims: Directions

The crude form of the proverbial image formulated is: Up the creek without a paddle, but normally with an epithet inserted. It portrays a vivid scene of being in a symbolic state, directionless and without a means of guiding or maneuvering. One is thus subject to the winds of time, the vicissitudes of circumstances beyond one’s control, immediate or otherwise, and where a growing storm of unforeseen proportions and magnitude is coming at a rate of ferocity uncontrollable and unable […] Read More …

Federal and Postal Disability Retirement: The Importance of Knowing “the Law”

The old dictum that “ignorance of the law is not an excuse” for violating the law, applies just as well in a Federal Disability Retirement application — unless, of course, the entity which fails […] Read More …

Disability Retirement for Federal Workers: Criteria and Proof, II

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, it is important to pause in the beginning stages of the process, prior to “going down the road” […] Read More …

Postal and Federal Disability Retirement: The Value of Preemption

“What if” questions are rarely useful in applying the law, except in a preparatory manner for cross-examination purposes. No one likes surprises, and to prepare for every potentiality, […] Read More …

Federal Worker Disability Retirement: Extrapolating Carefully from “The Law”

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to recognize the major legal cases (those “landmark cases”) from which many […] Read More …

Federal and Postal Disability Retirement: Legal Standard & Persuasion

There is a distinction between the existence of a legal standard and the citing of such legal standard — to include statutory references, case-law citations, etc. — and the art of persuasion. […] Read More …

Federal Worker Disability Retirement: The Irony of Favorable Laws

In certain areas of “the law”, statutes, regulations and case-laws have developed which tend to favor the individual seeking to obtain a benefit through such laws. […] Read More …

Federal Employee Medical Retirement: Keeping it Simple

In almost all instances, stating the obvious when filing for Federal Disability Retirement benefits under FERS & CSRS is the rule to follow. Another simple rule to follow: Keep it Simple. […] Read More …

FERS & CSRS Disability Retirement for Federal and USPS Workers: Don’t Overstate the Case

It is important to have an objective tone in one’s Federal Disability Retirement application under FERS or CSRS. This is inherently difficult, of course, if one is representing […] Read More …

OPM Disability Retirement: Information

I am sometimes asked whether or not, in providing detailed information concerning FERS or CSRS disability retirement, I am revealing “too much” information. The way that I look at it is this […] Read More …