Search Results for “essential elements” – Page 2

OPM Disability Retirement: Which Forms, How to Fill Them Out, and What to Put

Posted onJanuary 2, 2016AuthorFederal Disability Retirement AttorneyLeave a comment

Filling out forms is a part of life. At some stage in our lives, we are required to complete forms. For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties as a Federal employee (which encompasses the full spectrum of positions, from secretaries, administrative assistants, to scientists, Information Technology Specialists, 1811 Law Enforcement Officers, etc.) or a U.S. Postal worker […] Read More …

OPM Disability Retirement Law: Agency Adverse Actions

Posted onApril 11, 2015January 14, 2022AuthorFederal Disability Retirement Attorney2 Comments

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection. For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the need to, file for Federal Disability Retirement benefits […] Read More …

OPM Disability Retirement: The Quiet Subtlety of Excellence

Posted onMarch 5, 2015AuthorFederal Disability Retirement AttorneyLeave a comment

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed. In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press. Yet, if one pauses to consider: The reason for the appeal, is the lack of success at the trial court level. For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest. […] Read More …

Federal Employee Disability Retirement (FERS & CSRS): Computational Intentionality

Posted onMarch 3, 2015AuthorFederal Disability Retirement AttorneyLeave a comment

Presumptuous intentionality will lead to an assumption which ultimately undermines one’s own argument; and in every endeavor, a computational approach based upon a general algorithm of life’s experiences will often leave out key factors and essential elements. The problem with one’s own medical condition is that the person who experiences it is one and the same as the person who must convey the experiential factor to others. That is what is often termed an “epistemological privilege“, in that the subjectivity of the medical condition, the pain, the psychiatric disorder, the cognitive dysfunction, one’s inability to focus or concentrate, etc. […] Read More …

Hostile Work Environment in Federal Employment

Posted onSeptember 16, 2014September 23, 2023AuthorFederal Disability Retirement Attorney2 Comments

Perhaps it is an inevitability. When a Federal employee or a U.S. Postal worker suffers from a medical condition, such that the medical condition begins to impact one or more of the essential elements of one’s job, the reaction of the agency for whom he or she works (or the U.S. Postal Service), is often one of lack of supportive behaviors, to propose an understatement.

Reacting to a reactionary response, however, is not always the intelligent thing to do. When the Federal employee or the U.S. Postal Service recognizes a need to file for Federal Disability Retirement benefits through […] Read More …

Federal Disability Retirement Pros and Cons

Posted onSeptember 13, 2014AuthorFederal Disability Retirement AttorneyLeave a comment

Federal employees and Postal workers who suffer from a medical condition, where the seriousness of the medical condition begins to impact the ability and capacity to perform one or more of the essential elements of one’s job, must take a pragmatic, blunt assessment of one’s future — taking into account all of the factors necessary in order to make a proper decision. For, in the end, the choices are starkly limited: Stay at one’s job (often not even a real choice, given that the med condition and its impact upon one’s ability to perform the essential elements of one’s job has forced the question itself to be asked); […] Read More …

OPM FERS/CSRS Disability Retirement: The Law & Life’s Pragmatic Reality

Posted onSeptember 26, 2013AuthorFederal Disability Retirement Attorney1 Comment

In a Federal Disability Retirement case, one of the ways to establish the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job, is to show a “service deficiency”. But as most Federal and Postal employees […] Read More …

Postal and Federal Disability Retirement: The Agency & the Burden of Proof

Posted onSeptember 11, 2013AuthorFederal Disability Retirement Attorney1 Comment

In a Federal Disability Retirement case, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, the burden of proving one’s medical inability to perform one or more of the essential elements of one’s job, always remains with the individual […] Read More …

OPM Disability Retirement: The Foundational Paradigm

Posted onJuly 8, 2013AuthorFederal Disability Retirement AttorneyLeave a comment

Ultimately, Federal Disability Retirement is based upon the persuasive delineation of three primary elements: A medical condition; impact of the medical condition upon one or more of the essential elements of one’s job; and an inability on the part of the agency to […] Read More …

CSRS & FERS Medical Disability Retirement: Tying Together the Loose Strands

Posted onDecember 29, 2012AuthorFederal Disability Retirement Attorney1 Comment

When a medical condition impacts a Federal or Postal employee, whether under FERS or CSRS, and prevents him or her from performing one or more of the essential elements of one’s job, […] Read More …