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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (161)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (78)
    • Federal Disability Judge-Made Decisions Quoted (35)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
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Federal and Postal Disability Retirement: Each Stage is a Preparation for the Next

Posted on May 28, 2010 by Federal Disability Retirement Attorney

Proper preparation is the key to success in every endeavor.  Often, such preparation means that one must project for a disapproval at any given stage in filing an application for Federal Disability Retirement benefits under FERS or CSRS.  This does not mean that one “expects” that a Federal Disability Retirement application will be denied or disapproved; rather, it means that in the event that such a denial is issued, you have properly laid the groundwork for the next stage.  Much of what constitutes anticipatory preparation has to do with predicting the various points of weakness in a case. 

It is rare for a case to ever be a certainty — although, it is quite understandable for an applicant to believe that his or her Federal Disability Retirement application is “the one” — the one that will only need the First Stage of the Process; the one that cannot be disputed; the one which won’t need but a minimum amount of preparatory work; the one that…   Such an attitude is quite understandable, precisely because the applicant is the same person who is experiencing the multiple medical conditions, and such an experiential perspective cannot possible understand how an application involving his or her medical condition could possibly be denied.  At the same time, however, such a perspective fails to understand the puzzling, often arbitrary and capricious decision-making process engaged in by the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Filed under: Pre-Application Considerations | Tagged: anticipating opm's futures moves during the preparation of a disability claim, anticipatory planning in the csrs disability process, careful planning in every form and narrative submitted with the fers disability application, civil service disability, CSRS disability retirement federal attorney, diligent planning in each and every stage of the opm disability process, disability retirement for federal employees, dol gov owcp disability retirement, each opm disability stage brings its own challenges to meet, federal disability law blog, federal disability lawyer, getting your federal disability claim approved in the first round, laying groundwork for the next fers disability stage, most opm disability claims will face resistance from the opm to be approved, nationwide representation of federal employees, OPM disability application tips and strategies, OPM First Stage Disability Application, OPM Reconsideration Stage, owcp disability retirement, planning for a possible federal disability disapproval, Post Office disability, Postal Service disability, pragmatic methodology, predicting possible future outcomes in a federal disability case, preparing an OPM disability application for the long term, preparing to fight for your opm disability claim in all the ''rounds'' of the precess, representing federal employees in and outside the country, resources for injured federal workers, setting your mind for a long opm disability process, strategies for winning disability retirement for federal employees, strategists for a good opm disability application, taking a long view approach towards the opm disability process, the best strategy in the opm disability process is to approach each stage differently, the forest view of the federal disability process, understanding each stage of the OPM disability retirement process, USPS disability retirement, USPS disability retirement benefits | 1 Comment »

  • More on FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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  • Archives

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