OPM Disability Retirement: The Non-nexus

Meeting an adequacy test may constitute sufficiency for some purposes, but not for others. Thus, it may be enough in completing an FMLA form to have a diagnosis, along with answers to other questions on WH-380-E. But mere identification of a medical condition […] Read More …

Medical Retirement Benefits for US Government Employees: The Paradigm of Persuasion

In graduate school, the undersigned attorney once presented a paper on a comparative analysis involving a Chinese philosopher. At the end of the presentation, the professor asked a question pointedly: “Is there such a thing as Chinese philosophy?” […] Read More …

FERS Disability Retirement for Federal and USPS Workers: Independent Entities

If Federal agencies were created with the proverbial single “stroke of the pen”, all at once, in unison and coordinated intersections of thoughtful complexities, then of course there would be a lack of overlap, duplication and repetition. The essence of efficiency is precisely […] Read More …

OPM FERS/CSRS Disability Retirement: The Time is Now

Waiting for the perfect storm is always the most persuasive grounds for procrastination; that time where coalescence of all necessary factors come together to provide the optimal moment to do something, but which never arrives; and so there is always one issue […] Read More …

Federal Disability Retirement: The Magnifying Event

The notable characteristic of a medical condition is that they rarely go away via wishful thinking and, moreover, while rest may provide a restorative period of relief, the return to performing activities which further exacerbate one’s condition further magnifies not only the […] Read More …

Early Medical Retirement for Disabled Federal Workers: Cocoons

A cocoon both insulates and protects; it allows for the entity inside to feel a sense of security, and provides a veil which prevents “outsiders” from seeing in. Homes for humans provide a cocoon; thoughts hidden in the recesses of one’s mind constitute a metaphorical […] Read More …

Disability Retirement for Federal Government Employees: Confusion & Disarray

A state of confusion and disarray can work in either direction; either the confused state of affairs can lead to a successful outcome (resulting from the inability to make a logically correct decision, but where a favorable outcome may randomly occur); or the state […] Read More …

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

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 …

CSRS & FERS Medical Disability Retirement: Refinements

One often hears of a “refined” or “cultured” person; such a description often provokes an image of one who has had the leisure time in order to engage in the arts and of higher society; and the word itself leaves connotations of perfecting the rough edges of a […] Read More …

Medical Retirement Benefits for US Government Employees: Inevitability

The pervasive sense of inevitability is that innate sense of foreboding which will not be shaken off, that we know beyond mere acknowledgment of a fact, and further, that no amount of self-justification will contain or diminish the knowledge of the coming event. […] Read More …