Administrative

     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 one's job.  Each person has a unique story to tell, and indeed, some of the historical background is... Read More

     There is still some confusion with respect to the relevance of preexisting medical conditions, or medical conditions which were incurred while working, or outside of the workplace, and the impact of such medical disabilities upon one's right to file for disability retirement under FERS or CSRS.  This confusion is evident from some of the questions I have been recently asked.  Remember that preexisting medical conditions are irrelevant to filing for... Read More

     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 process of performing such a role, engagement with the Federal or Postal employee's Agency and... Read More

     Fervent loyalty by the Federal and Postal Employee to want to work for as long as possible, and to do the best job possible, is often taken for granted; what is not as common, however, is a "bilateral loyalty" -- meaning, loyalty shown by the Agency back to the Federal or Postal employee, especially when such loyalty is needed, during the long process of filing for, and obtaining, disability retirement benefits from the Office of Personnel... Read More

     Federal and Postal employees often get a bad rap; yet, what I find in all cases, without exception, is that Federal and Postal employees take great pride in their work.  Moreover, they do not want to file for disability retirement -- there is a "mental wall" -- a desire at all costs not to file for disability retirement, until the physical pain gets too much, or the psychiatric symptoms become too overwhelming.  It is at that critical point --... 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, 996 F.2d 290 (Fed. Cir. 1993), when an individual is accorded the Bruner... Read More

     On the one hand, an 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 eligible for disability retirement benefits (18 months for FERS employees; 5 years for CSRS employees) have a legitimate expectation of bilateral... 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.  I will try and outline a few of the considerations to be weighed:  (1) What advantage is gained by resigning?  If it is... Read More

     Beyond making sure that you have enough time for your treating doctors to provide you with updated medical documentation at the Reconsideration Stage of the process, an applicant must take care in addressing the the underlying concerns expressed by the Office of Personnel Management.  Unfortunately, this is a stage in the process which will probably require an attorney who is knowledgeable in the area of Federal Disability Retirement law.  Why? ... Read More

     Sometimes, restraint is the better part of a response, as opposed to immediately responding.  If an applicant's disability retirement is denied at the initial stage of the process, an individual has thirty (30) days within which to file a Request for Reconsideration.  Upon filing such a request, however, the requestor then only has thirty (30) days to submit additional medical documentation to support the reconsideration request.  Thus, take the... Read More