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Disability Retirement for Federal Workers: Managing the Differing Issues

Posted on December 22, 2011 by Federal Disability Retirement Attorney

There is always a distinction to be made between having various work-related issues pending, perhaps in various litigation stages, as distinguished from intermingling the issues in their various forums.  

As has been previously stated multiple times in the past, one has the legal right to make various claims and allegations in different legal forums, without the charge of contradicting one’s self.  There are various approaches to accomplishing this:  different narratives may be introduced in separate legal forums.  Yes, there may be a time when the cross-over occurs, as when statements filed in one forum may be discovered in the course of litigating in another forum.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, however, it is important that the chosen narrative remains sanitized of certain issues — chief among them include work-related issues of harassment, “hostile workplace” allegations, and even too much focus and emphasis upon the workplace as the originating cause of the medical condition (if only because causality is not a necessary factor to be proven, and thus detracts from the essence of a Federal Disability Retirement claim).  

The hands may juggle as many balls as one can handle; just make sure that the juggling does not interfere with each other, as it is important to keep the issues separate and distinct.  Preparing, formulating and filing for Federal Disability Retirement should include a singular focus, and at the outset, one should decide which legal battle is the more important one for securing one’s economic future.

Sincerely,

Robert R. McGill, Esquire

Filed under: Pre-Application Considerations | Tagged: accepting opm disability clients all across america, CSRS disability retirement federal attorney, disability retirement at the USPS, Federal Disability, federal disability law blog, federal disability retirement, federal disability retirement and other administrative and judicial processes, fers disability and conflicting legal processes, fers disability claims process, FERS disability retirement, fers disability retirement and other processes, focusing on your opm disability claim, harassment and bullying by federal government supervisors, harassment disability postal service work, how your opm disability claim is processed once submitted to your agency, law firm representing clients in opm disability law all across america, legal processes impacts on the opm disability claim, making conflicting arguments in opm disability and other processes, nationwide representation of federal employees, opm disability and choosing the important legal battle to fight, OPM disability retirement, owcp disability retirement, Postal disability, postal service disability retirement, usps disability litigation, USPS disability retirement, when other legal processes come in conflict with your fers disability application, when you have other legal processes besides opm disability, work injury then supervisor harassment at us federal agencies | Leave a comment »

  • More on CSRS & 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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