Administrative Law Law Blogs - Law Blogs on Lawyers.com

     If Disability retirement were merely a matter of determining the proper diagnosis of a medical condition, and having a doctor ascribe a percentage rating of disability, then the process of disability retirement would substantively be altered, and perhaps there would be far fewer cases to adjudicate at the Merit Systems Protection Board level.  For, if the criteria were that 'cut and dry', there would be little for OPM and the applicant & the applicant's... Read More

     Without getting into too many comparisons, the laws governing disability retirement benefits are, upon reflection, actually quite reasonable.  Think about it this way:  yes, it doesn't pay a great amount, but at the same time, you are encouraged to go out and be productive in some other employment capacity, and are able to make up to 80% of what your former job pays currently; unlike the stringent and onerous OWCP/DOL laws, you are not subjected to... Read More

     There is a cyclical pattern which can be identified with the passing of time, and the Office of Personnel Management is no different from other Federal Agencies, departments, or personnel "make-up".  Summer is here; with the season of vacations and time with families, combined with an already back-logged line of cases and overworked, understaffed personnel, expect delays in receiving a decision on a disability retirement application. ... Read More

     Whether we like to admit it or not, we all operate, in all segments of our lives, from a certain "paradigm" (reference Thomas Kuhn, Structures of Scientific Revolutions), or "world-view".  When it comes to Federal Disability Retirements, the majority of Federal and Postal Workers who comes to me have a pre-formed, generally negative attitude about the chances of getting it.  This is because they have heard too many horror stories; or... Read More

     It is often a good idea to understand the process of Federal Disability retirement, in order to effectuate the best approach in winning a case.  Remember, for instance, that in all likelihood, the Applicant will not be speaking with the Benefits Specialist at the Office of Personnel Management; even if you call them (and I never recommend calling too often, for there is the "irritant" factor, which may -- thinking in purely pragmatic terms -- result... Read More

     Is it necessary for a Federal Disability Retirement Applicant to cite relevant case-laws and statutory authority when filing for disability retirement?  Or, should the medical evidence be sufficient?  Certainly, there is no statutory requirement that "the law" be referenced when filing for disability retirement.  And, further, it is normally not a good idea for a non-lawyer Federal or Postal employee to refer to case-law or... Read More

     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