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.
It should be well established that a person has one year from the time of separation from Federal Service to file for Federal Disability Retirement benefits. Separation, obviously, has to be related to medical reasons; however, in cases where separation was given for other “official” causes (e.g. disciplinary), if the applicant can show that the underlined separation reasons were ultimately medical (e.g. stress), benefits will be awarded according to OPM Disability law.
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 …
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 …
Time goes by too quickly; Christmas, New Years, winter — and now the dawn of Spring approaches; and the timeline of 12 months from the time one is separated from Federal Service can suddenly come and go; prospectively, 12 months can seem like a sufficient amount of time; retrospectively, when 10 months passes by and 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 …