Administrative Law Blog

     I once heard a pastor make a rather unremarkable statement, but profound nevertheless in its simplicity and truth:  "Where there are people, there are problems."  To assume that an Agency will make a proper, objective and legally sufficient decision all the time, most of the time, or even more often than not, is probably asking too much.  The Office of Personnel Management, as with any Agency, is an entity -- a large bureaucracy -- made up of... Read More

    It is often difficult to inform an Agency of one's decision to file for disability retirement.  On the one hand, it is often a place where a Federal Employee has spent many years working for; with multiple years of interaction, both good and bad, it is a place which has grown to play a prominent role in the employee's daily life, with necessary interpersonal infusions of personalities, playing such an influence as important as one's personal family life -- and, because a... Read More

     The New Year is upcoming.  For those who are anxiously awaiting a decision on their Federal Disability Retirement applications, remember that this is a continuing process.  Thus, whether or not the application gets approved or denied prior to the coming New Year, the process of then having the Agency provide the necessary payroll information in order for interim payments to begin, will still take some time.  Unfortunately, the Office of Personnel... Read More

         A question often asked is, When is it the right time to file for Disability Retirement?  Must you wait until one has been disabled for over a year?  Do you have to file for Social Security first, before filing for OPM Disability Retirement?  Should the Agency be notified at the beginning of the process, or some time later down the road?  What is the best time to approach my doctor about getting his or her support for disability... Read More

     Christmas is upcoming.  The Office of Personnel Management, along with many other Federal Agencies, is beginning to "shut down" for the Holiday Season.  OPM will be making many decisions concerning pending disability retirement applications.  For those who receive a denial, obviously a negative decision coming during the Holidays is unwelcoming news; for those who receive an approval, the reaction is normally that it is great news and a needed... Read More

    I am often asked whether or not, at the beginning stages of the process of filing for disability retirement (when medical narrative reports, records, & other supporting information is initially being gathered), whether it is a good idea to notify the Supervisor and/or Agency of the intent to file for disability retirement benefits.  That all depends upon multiple factors.  Often, the employee still desires to work.  Because of the medical disabilities,... Read More

     The growing body of law is a pliable, ever-changing process, and where appropriate, it is the implied duty of the attorney to apply arguments and persuade by analogy.  Sometimes, actions by agencies which, in one particular context, may be deemed as a negative factor, yet in the context of filing for disability retirement, it can be turned around and applied as "proof-positive" that, indeed, it only further shows that one's medical condition has... Read More

     Fortunately, most of my cases which are submitted before the Office of Personnel Management at the Initial Stage are approved.  It is important to step back and understand, first and foremost, how the approval/disapproval process works.  Remember that the submission to the Office of Personnel Management is a "paper submission", and as with any bureaucratic  presentation, it is important to make sure that it is neat, understandable, and... Read More

     Thanksgiving is now over.  There are barely 4 weeks before Christmas.  Yet, for those who are considering filing for disability retirement, time is not the issue; rather, it is whether or not a Federal employee is able to persist in continuing his or her employment before the time of recognition comes.  Recognition comes, generally speaking, in three steps:  A constant struggle with a medical condition, and the impediment such a medical... Read More

     This year has seen a tremendous amount of changes:  a seeming meltdown of the economy; a coming change of the Presidency; vulnerability of the Big Three Automakers; a housing market downward spiral; a volatile stock market which seems to take two steps back for each day of upward trading; and on and on.  In the midst of such turmoil and change, when a medical condition impacts a Federal or Postal employee on top of it all, it makes any potential... Read More