Early Retirement for Disabled Federal Workers: Essential Elements

In preparing, compiling, formulating and filing a Federal Disability Retirement application under FERS or CSRS, one must prove by a preponderance of the evidence (a legal standard […]

OPM Disability Retirement: Applicant’s Statement & Essential Elements

When an applicant for FERS & CSRS Federal Disability Retirement benefits begins to craft his or her Applicant’s Statement of Disability, certain foundational questions must […]

OPM FERS Disability Retirement: Coordination of Elements

There is no question about it: It is a complex process.  Administratively, it must be passed through multiple levels of agency review in order to get a completed packet — the Supervisor’s Statement (SF 3112B); Agency’s Efforts for Reassignment and Accommodation (SF 3112D); effectively answering the Applicant’s Statement of Disability such that it provides the proper nexus between each of the questions on SF 3112A […]

Federal and Postal Disability Retirement: The Essential Points

Becoming embroiled in the minutiae and complexities in the preparation, formulation and filing of a Federal Disability Retirement application is important and necessary; […]

FERS & CSRS Disability Retirement for Federal and USPS Workers: Overlooking an Essential Element

Potential applicants who are considering filing for Federal Disability Retirement benefits under FERS or CSRS will sometimes ask the question, What are the essential elements of one’s job? […]

FERS Disability Retirement for Federal Employees: The Difficult Case

At the outset, all Federal and Postal employees should know that there are rarely any “easy” cases in Federal Disability Retirement Law.  Are most cases, therefore, “difficult”?  Yes.  And the reasons why they are difficult vary and are many — for, in the end, Federal Disability Retirement is not merely a matter of the nexus between the medical condition and the Federal employee’s inability to perform all of the essential elements of his or her position; […]

Federal Government Employee Disability Retirement: “Difficult”

It is not the same as “unable to”, or even one of “incompatibility”; rather, it merely means that here are some impediments, but if one’s performance ratings are still fully successful, then it shows that — despite being “difficult” — the Federal or Postal worker is still able to perform all of the essential elements of one’s Federal or Postal job. […]

FERS Disability Retirement Benefits: Jobs versus careers

We make a distinction between the two, do we not?  One merely “lands” a job, whereas we “pursue” a career, implying the arbitrary nature of the first and the delectable interest shown in the second.  Yet, the bifurcation of the two is never so stark as night and day, but can often be clouded in the grey of differences: Obviously, a “job” can be a career, and careers can take on many jobs in the upward advancement of one. […]

FERS Medical Retirement for Federal Employees: Odd man out

Medical conditions make one “feel” as the odd man out.  First, it is a sense of one’s self; something is not quite right, whether in one’s cognitive capacity, emotional upheaval, or through indicators of increasing physical pain.  Then, when it begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal employment or Postal position, that “inner” sense begins to impact upon the “outer” reality of interacting with others. […]

Federal & Postal Disability Retirement: Standard of incompatibility

How does one “prove” a standard of “incompatibility”?  Physical injuries often allow for a medical opinion to impose certain restrictions:  No lifting more than X-pounds; no standing more than 2 hours within an 8-hour period, etc.  These, then, can directly “prove” that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, […]