Federal Disability Retirement: Back to basics
The complexities surrounding preparation of a Federal Disability Retirement application are endless: concerns about the preparation of a proper medical narrative report […] Read More …
lawyer role in federal disability cases
FERS & CSRS Disability Retirement: Beyond the MSPB
Not all cases that should be won, are won. No one can win 100% of the time; think about it — even the best Major League Baseball players strike out at least 2 out of every 3 at-bats. Most strike out every 3 out of 4 times. Fortunately, I am able to pass through a Read More …
FERS & CSRS Disability Retirement: When & How to Act
When people call me to ask if they need legal representation in filing for disability retirement benefits under FERS or CSRS, I try and provide as “objective” an opinion on the matter as possible. I represent hundreds of people in filing for, and obtaining, disability retirement benefits; it is my specialty, and it is how Read More …
FERS & CSRS Disability Retirement: The “Nexus” Between the Reconsideration Stage and the Merit Systems Protection Board
It is an accepted fact that there is a “psychological” aspect to almost everything in life, and this is no less true in the field of disability retirement law. The “psychological” aspect is the nexus, or bridge, from the Reconsideration Stage to the Merit Systems Protection Board. From OPM’s viewpoint, this is the last chance Read More …
OPM Disability Retirement: When it Gets to the Merit Systems Protection Board (MSPB)
For whatever reason, a certain percentage of cases reach the third level in the process of applying for Federal Disability Retirement benefits: The Merit Systems Protection Board. If an individual is unrepresented at this level, the identical problem as that which occurs in any courtroom presents itself: an attorney representing an individual provides an appearance Read More …
Federal Disability Retirement: SSA Approval, Part III
What if an SSA decision letter is not immediately forthcoming, or does not address the same medical conditions as that applied for in one’s disability retirement application? In such a circumstance, the best argument that can be put forth is to show the Office of Personnel Management that the application submitted to the Social Security Read More …
OPM Disability Retirement: The Purpose of Case Law Citation
Is it necessary for a Federal Disability Retirement Applicant to cite relevant case-laws and statutory authority when filing for disability retirement? Or, should the medical evidence be sufficient? Certainly, there is no statutory requirement that “the law” be referenced when filing for disability retirement. And, further, it is normally not a good idea for a Read More …
Federal Disability Retirement: The Sensitivity of Each Case
Every Federal and Postal employee has a unique historical background, especially with respect to his or her medical condition; how the medical condition was incurred; how the medical condition progressed, deteriorated, and degenerated one’s physical abilities, until that person came to a point where he or she could no longer perform the essential elements of Read More …
Federal Disability Retirement: The Role of the Attorney
Obviously, as with all areas of law, the primary role of an attorney in representing a Federal disability retirement applicant (aside from the obvious role of obtaining the disability retirement annuity), is to render useful and effective advice in the representation of the Applicant’s submission before the Office of Personnel Management. Often, however, in the Read More …