OPM Disability Law: Arguing by Logical Extension

Often, in legal argumentation, one must simply use the available evidence garnered, and make the best of it. In many areas of law, especially in administrative legal venues involving Federal employees and U.S. Postal workers, the law favors agencies which hide behind the shield of “efficiency of the Federal Service”, in implementing sanctions, adverse actions, restrictions of leave usage, proposing and deciding upon removals (whether based upon reasons of medical conditions or other basis), etc. […] Read More …

OPM Disability Retirement: The Flexibility of Language

Language is inherently a flexible tool; it is meant to communicate, and while precision in communication is the defining purpose in the use of the tool, often the essence of language […] Read More …

CSRS & FERS Disability Retirement: Merry (Snowed in) Christmas

For those who read my blogs on a regular basis, Merry Christmas and Happy New Year. I am snowed in over the weekend, and the accumulation of snow is expected to be over 10 inches. […] Read More …

Federal Disability Retirement: OPM’s Detailed Denial

Neither length nor detail constitutes legitimacy. The spectrum of the types and styles of denial letters issued by the Office of Personnel Management in Federal Disability Retirement cases under FERS & CSRS range from a short […] Read More …

OPM Disability Retirement: The Law

I will be writing an article of greater length on this issue, but suffice it for now that when “the law” works, it works well. A major second case has been decided in favor of the Federal employee — first, it was Vanieken-Ryals v. OPM, 508 F.3d 1034 (Fed. Cir. 2007), and now, Sylvia M. Reilly v. OPM, decided July 15, 2009. Vanieken-Ryals […] Read More …

CSRS & FERS Disability Retirement: Waiting too long

My approach to Federal Disability Retirement law is that there are very few, if any, mistakes made by the applicant which cannot be corrected, amended, or explained, especially where the essential ingredients of a “good” case are in existence: a supportive doctor; a position/duties which are […] Read More …

OPM Disability Retirement: The Client

Waiting for the approval/disapproval, the determination, the decision,etc., when the Federal Disability Retirement packet is sitting on OPM’s desk, is a passive modality of existence. Up to that point, however, it is often a good idea to be actively involved in the process […] Read More …