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.
Perhaps it is an anomaly to even speak about the issue of “the responsibility” of the Office of Personnel Management — at least, from the general consensus of experiences as told by countless […] Read More …
The news coming out on the Voluntary Early Retirement offer for Postal employees has not been very positive. My information has been gathered from multiple sources: Official Statements from the U.S. Postal Service […] Read More …
For multiple reasons, early retirement — if eligible; if offered; if … — is an option which must be considered by a Federal or Postal employee. In the coming months, Voluntary Early Retirement […] Read More …
The growing body of law is a pliable, ever-changing process, and where appropriate, it is the implied duty of the attorney to apply arguments and persuade by analogy. Sometimes, actions by agencies […] Read More …
Vanieken-Ryals v. OPM, decided by the U.S. Court of Appeals for the Federal Circuit on November 26, 2007, has an interesting statement from the deciding Judge, which can be used as “firepower” for anyone who is attempting to obtain Federal Disability Retirement benefits (note of caution: for lay non-attorneys, be careful in how you use Read More …
In order for an SSA approval to have an impact upon a Federal disability retirement application, the Social Security Administration’s decision letter granting benefits must provide a detailed explanation as to the basis for the approval, delineating the medical basis, the medical conditions upon which the decision was made, etc. Thereafter, the applicant can submit Read More …
If an individual is successful in persuading the Agency to remove him or her for his/her medical inability to perform the job, then the entitlement to what is coined as the “Bruner Presumption” is obtained. This is a great advantage, but one which is often misunderstood. Remember that, under Bruner v. Office of Personnel Management, Read More …
Postal employees, there is nothing inherently wrong with an Agency offering you modified or light duty assignments. If your Agency deems you to be valuable, they may want to modify your position in order to keep you. However, the mere fact that you accept and work at a “modified” position does not mean that you Read More …
If an individual fails to file for Federal disability retirement within one (1) year of being separated from Federal Service, he/she loses the right to file forever, unless the individual is able to show mental incompetency – and that is indeed a very high standard to meet. The relevant statutory provision is found at 5 Read More …
The issue of Accommodations is always an important one in FERS & CSRS disability retirement cases. Agencies on the one hand will often attempt to “put together” a set of duties for the employee to perform, and try and keep a productive employee with the Agency. There is nothing wrong with this. Indeed, it may Read More …