OPM Disability Retirement: Termination (Part 2)
There are times when an Agency will proceed and terminate a Federal or Postal employee based upon adverse grounds — of “Failing to follow proper leave procedures”, for being AWOL, […] Read More …
long lwop sick leave for stress
Federal & Postal Service Disability Retirement: Experience & the Medical Condition
Often, when a client receives the finalized disability retirement packet, I receive a response that goes something like: “I didn’t realize I was so bad off, until I read through the prepared packet.” […] Read More …
CSRS & FERS Disability Retirement: Clarity over Question
While a compromise position on certain issues in Federal Disability Retirement for FERS & CSRS may be the best that one may hope for, obviously, clarity over question is the better course to have. Thus, for instance, in a removal […] Read More …
OPM Disability Retirement: Can the Agency Accommodate You?
The term “accommodations” continues to be a highly misused one. There is the general conceptual application, as when an agency attempts to do something to help a Federal or Postal employee by “allowing” for “light duty”, or allowing […] 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 …
FERS & CSRS Disability Retirement: When to Get an Attorney
As I explain to all potential clients, whether an individual should attempt to obtain Federal Disability Retirement benefits with or without an attorney, is an individual and personal decision, based upon a number of factors. I place everyone on a spectrum: on the far left side of the spectrum is a Letter Carrier who becomes Read More …
FERS & CSRS Disability Retirement: Additional Issues Concerning Resignation
An federal agency has a legitimate concern with respect to the work that is not being performed while a person is either out on sick leave or on leave without pay as a result of a medical condition. On the other hand, Federal and Postal employees who have worked for a sufficient amount of time to be Read More …
OPM Disability Retirement: Clarification of Issues for FERS & CSRS Employees
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 …
The Bruner Presumption
Just some comments about this important concept and one which all disability retirement applicants should be aware of. It is well-established law that an employee’s removal for his or her physical inability to perform the essential functions of his job or position, constitutes prima facie evidence that he is entitled to disability retirement as a Read More …