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.
Time is also part of the entire process of filing for Federal Disability Retirement; time factors involve multiple issues from multiple aspects and perspectives: The Statute of Limitations […] Read More …
I have had far too many calls by individuals who were complacent with being on OWCP/DOL temporary total disability compensation. The old adage, “Ignorance of the law is not an […] Read More …
I am receiving too many questions about certain issues, which leads me to believe that a clarification is again in order. First, concerning the Statute of Limitations on filing for Federal disability retirement benefits. […] Read More …
Then, of course, there are cases where an individual has “no other choice” than to file for disability retirement. Sometimes, it is a chance that is taken — the chance of paying an attorney. Yes, adverse removal actions can impact one’s chances of obtaining disability retirement benefits. A case study: A recent client was removed Read More …
In tough economic times, it is often difficult to find that “silver lining”. This is even truer for my clients who obtain disability retirement benefits from the Federal Government, as well as […] Read More …
Remember that the applicant who is requesting disability retirement benefits from the Office of Personnel Management always has the burden of proving, by a preponderance of the evidence, that he or she is entitled and eligible for disability retirement benefits. Even if the Agency proposes and effectuates a removal based upon one’s medical inability to Read More …
If an individual is successful in persuading the Agency to remove him or her for his/her medical inability to perform the job, then the entitlement to what is coined as the “Bruner Presumption” is obtained. This is a great advantage, but one which is often misunderstood. Remember that, under Bruner v. Office of Personnel Management, Read More …
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 …
I am often asked whether or not it is okay to resign from the Agency prior to either (1) filing for disability retirement or (2) receiving a decision from the Office of Personnel Management. A decision to resign from the Agency must be weighed very carefully, for there are multiple factors which must be considered. 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 …