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.
Summer is almost at an end. The Postal Service, through the auspices of the Office of Personnel Management, is offering Voluntary Early Retirement (VER). For many, this is a positive thing; the decision to take the VER should be a financial decision. An analysis comparing the monetary return should be made between what an employee 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 …
In moderating the Martindale-Hubbell Message Board for Federal Disability Retirement Issues, two areas of law need clarification for those out there contemplating filing for Federal Disability Retirement under FERS or CSRS: First, the issue of whether a potential applicant needs to wait to be separated from Federal Service in order to obtain the “Bruner Presumption“, 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 …
At various times, in various forums, I have noted some confusion on the issue of when an individual can/must file for disability retirement, so I want to clarify some of the issues. Confusion #1: Do you have to wait 1 year in order to file for Federal dislability retirement? The answer is “No” — the Read More …
In the opening sentence of Davis v. the Office of Personnel Management, PH-844E-06-0242-I-1, the Merit Systems Protection Board reminds us all that the “burden of proving entitlement to a retirement benefit is on the applicant…” In past federal disability articles, I have discussed a variety of issues, from important legal principles based upon Bruner v. Read More …
OWCP vs. OPM Disability Retirement The Department of Labor administers Federal Worker’s Compensation Benefits through the Office of Workers’ Compensation Programs (OWCP). Such benefits are non-taxable, and are paid for temporary total disability, for injuries or medical conditions which result from, or are caused by, a workplace injury. There are many tangential factors which may Read More …