Administrative

     Alas, a batch of decisions has obviously been sent out to many disability retirement applicants in the last couple of weeks, because I have gotten many calls from those who attempted to try and obtain disability retirement benefits without legal representation.  In reviewing the denial decision from the Office of Personnel Management, many who have called have observed some rather amusing things, such as:  "It seems like most of the decision is just... Read More

  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 Administration is essentially identical with the application for Federal Disability Retirement benefits submitted with OPM; then, to make the... Read More

     In order for an SSA approval to have an impact upon a Federal disability retirement application, the Social Security Administration's decision letter granting benefits must provide a detailed explanation as to the basis for the approval, delineating the medical basis, the medical conditions upon which the decision was made, etc.  Thereafter, the applicant can submit the decision letter, but this is where it is important to have an attorney provide the proper... Read More

     Of interest is what to do when a Social Security filing for disability benefits has been approved prior to the FERS/CSRS disability retirement application being approved.  This is a rarity, and indeed, it should logically be that way:  for Social Security disability requires a higher standard of (essentially) "total disability"; while the criteria for approval under FERS/CSRS is that of an "inability to perform the essential elements"... Read More

     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 paralyzed.  That person does not need me as an attorney. He/she needs to gather the medical records, fill out the forms, and... Read More

     In fighting to prove one's eligibility for Federal Disability Retirement Benefits, a recurring argument which the Office of Personnel Management often alleges is that an applicant failed to follow the treatment recommendations of the treating doctor.  Such an argument can prove to be fatal to an applicant's case, but it is good to know the parameters of what it means to "fail to follow" reasonable medical treatment.  For instance, non-compliance... Read More