• Home
  • About Me
  • Contact Us
  • Copyright
  • Credentials

OPM Disability Retirement

Entries RSS | Comments RSS
  • Pages

    • About Me
    • Contact Us
    • Copyright
    • Credentials
  • Archives

  • Categories

    • 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)
    • FERS Disability (10)
    • 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)
    • Mental/Nervous Condition (49)
    • Miscellaneous (178)
    • OPM Disability & OWCP Workers Comp Filings (45)
    • OPM Disability & SSA Social Security Disability Benefits (40)
    • OPM Disability & VA Benefits (4)
    • OPM Disability Actors (288)
      • OPM Disability Actors – The Agency (54)
      • OPM Disability Actors – The Applicant (79)
      • OPM Disability Actors – The Attorney (55)
      • OPM Disability Actors – The Doctor (53)
      • OPM Disability Actors – The Human Resources Office (17)
      • OPM Disability Actors – The MSPB Administrative Judge (6)
      • OPM Disability Actors – The OPM Representatives (31)
      • OPM Disability Actors – The Others (9)
      • OPM Disability Actors – The Supervisor (13)
    • OPM Disability Administrative Law (Statutory and Non-Statutory Law) (13)
    • OPM Disability and a Hostile Working Environment (11)
    • OPM Disability Application (187)
      • OPM Disability Application – SF 3112 Disability Retirement Application Package (29)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
    • OPM Disability Process (160)
      • OPM Disability Process – 1st Stage: OPM Disability Application (36)
      • OPM Disability Process – 2nd Stage: OPM Reconsideration Stage (28)
      • OPM Disability Process – 3rd Stage: MSPB Stage (17)
      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
      • OPM Disability Process – 5th Stage: Federal Circuit Court of Appeals (2)
    • OPM Disability Retirement & EEOC Complaints (4)
    • OPM Medical Questionnaire (8)
    • Post-Application Issues (19)
    • Pre-Application Considerations (454)
    • Professional & Expert Witnesses (5)
    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (2,082)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (11)
    • Specific Medical Conditions (29)
    • The Job of a Federal Disability Attorney (80)
    • Theory and Practice: Tips and Strategies for a Successful Application (204)
    • U.S. Merit Systems Protection Board (MSPB) (21)
    • U.S. Office of Personnel Management (OPM) (81)
    • U.S. Postal Service (USPS) Disability Retirement (36)
    • Uncategorized (363)
    • When the OPM Application Is Approved (14)
    • When the OPM Application Is Denied (94)

U.S. Postal and Federal Disability Retirement: The Proper Mental Approach

Posted on October 17, 2013 by Federal Disability Retirement Attorney

One must always have the proper mental preparation before engaging the administrative process of Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS.

First, one must understand that it is a benefit which is not an automatic entitlement, but rather a potential eligibility benefit — and, as such, one must prove by a preponderance of the evidence that one meets the entirety of the legal criteria for such eligibility.  It is not a benefit where there is a simple trigger mechanism — e.g., one’s age, particular factual circumstances, etc. — which then automatically grants the entitlement to the benefit itself.

Second, as an administrative process, one must prepare for the full procedures involved — from the initial application stage, to a possible denial and a request for reconsideration; to a second denial, and an appeal to the U.S. Merit Systems Protection Board (which, by the way, happens to be shut down because of the budget impasse but that may change today); and, beyond the initial appeal, an appeal to the Full Board of the MSPB, and even beyond that (for extraordinary cases), to the Federal Circuit Court of Appeals.  Unless one is prepared to embrace the full administrative process, the ups-and-downs of emotional turmoil and lack of preparedness will wear you down.

And, finally, mental preparation must entail financial considerations — of what to do in order to survive during the long and arduous process.  For, as an administrative benefit which must be proven, one should always understand that one must fight every step of the way.

Only with the proper mental preparedness will one be able to engage the fight to earn the right to such a benefit.

Sincerely,

Robert R. McGill, Esquire

Filed under: Pre-Application Considerations | Tagged: a comprehensive examination upon the entire process, a process that requires considerable mental and emotional effort, am I entitled to federal disability retirement?, an attorney who will not desert you at the mspb hearing fight, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, difference between an automatic entitlement and a benefit you must prove to the opm, doing things right the first time (with the initial federal disability application) will save you bucks and heachaches, experienced attorney defending disabled clients at the mspb stages, federal disability application and appeal stages, federal disability retirement is not an automatic entitlement, federal disability retirement: fighting for your rights with everything you got, federal employee disability, federal employee long term job related injury claim, federal employees and injuries that cause long term disabilities, fers disability claims process, FERS disability retirement, fighting a proposed removal by Postal management, financial and medical considerations for an injured postal employees, financial considerations before you even apply for fers disability retirement, getting mentally ready for a long-term administrative and probably judicial process, getting ready for a long federal disability process, going through the disability retirement process, health issues and financial considerations disabled federal workers must take into account, how to get through the federal disability process, issues to consider when preparing for reconsideration in opm disability, law firm representing clients in opm disability law all across america, lessening the stress associated with the fers disability process, looking at the long term when getting disability retirement, medical and financial considerations federal must keep in mind before deciding to do disability filing with the opm, MSPB disability lawyer, nationwide representation of federal employees, OPM disability lawyer, opm disability retirement is a long-term process, opm disability retirement process, owcp disability retirement, patience during the disability process at the opm, paying attention to the time limits of the opm disability process appeals, pragmatic financial consideration before filing for fers disability, preparing for the full potential procedures involved in a federal disability retirement case, preparing yourself to fight for your federal workers disability rights, procuring entitlement to federal disability retirement annuity, representing federal employees from any us government agency, several rounds or stages to get your federal opm disability benefits, this puppy won't quit without a fight: defending your rights under federal disability retirement laws, time considerations before applying for opm disability retirement, to be financially and psychologically ready for the process, understanding completely what is at stake during the initial federal disability retirement preparation stage of the process, USPS disability retirement, when the federal employee's physician is ready to support a disability claim, when you have already given everything you got to your federal career, why you must be psychologically ready for a potential long-term administrative process, you may be entitled to opm disability benefits but you may not get them | Leave a comment »

CSRS & FERS Medical Disability Retirement: The Consequence of Complexity

Posted on April 14, 2012 by Federal Disability Retirement Attorney

The level of complexity of an issue often has a direct relationship to the consequences involving initiation, action, quality of work and completion of task.  Many have a general rule concerning work, where the most complex of cases will be “taken on” first thing in the morning, when one’s energy is at its peak and a good night’s sleep has resulted in clarity of mind and acuity of concentration; more often than not, however, the greater the level of complexity, the more likely that procrastination and delay will dictate the timing of the task.

The consequences of delay, especially in a Federal Disability Retirement application, whether under FERS or CSRS, is that the problems which are at the core of the medical issue begin to slowly and progressively, exponentially expand, with reverberating ripples of irreparable impact — at work, in one’s personal life, with family relationships, etc.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one of the first things which many Federal and Postal Workers recognize about the entire administrative process, is the complexity of the procedural and substantive laws governing Federal Disability Retirement issues.  It is not merely a matter of “filling out the forms“; how one says things matters; what one includes in a Federal Disability Retirement case may determine the outcome of the application; when one acts upon certain specific issues may have serious consequences, etc.  But complexity alone should not be the determinative factor as to procrastination or an unwillingness to move forward on the process.

Delay merely exacerbates a condition, and temporarily sets aside for a day the inevitable roar of a consequence which must be revisited the next day, or the day after.

Sincerely,

Robert R. McGill, Esquire

Filed under: Pre-Application Considerations | Tagged: attorney representing federal workers for disability throughout the united states, civil service disability, complex issues surrounding a fers disability application, complex laws not mentioned in the fers application for disability form, delaying your federal disability application and its consequences, disability retirement for federal employees, don't delay unnecessarily your fers disability application, economic and health issues at stake with fers disability retirement, evolving and complex federal disability laws not explained in the application forms, expect further opm delays in opm disability decision making, Federal Disability, federal disability law blog, federal disability retirement, fers disability cases are become even more complex because of evolving case laws, FERS disability retirement, health issues and financial considerations disabled federal workers must take into account, law firm representing clients in opm disability law all across america, moving forward into a complex federal disability retirement process, nationwide representation of federal employees, one delaying force behind the fers disability process, OPM disability retirement, owcp disability retirement, Postal disability, postal service disability retirement, recognizing the complexity of the opm disability process, representing federal employees in and outside the country, statutory requirements in OPM disability law, taking care of your health is one of the core issues to consider when filing for fers disability retirement, the complexity of the fers disability process, the complexity of what it should be a straightforward process, the disabled federal employee and the maneuver through complex legal waters, you decision to delay your opm disability application | Leave a comment »

Postal and Federal Disability Retirement: The Decision to Act

Posted on March 28, 2011 by Federal Disability Retirement Attorney

Often, the most difficult decision to make is the decision to act itself.  Where careers are about to end; where financial impact and unforeseen consequences (as Adam Smith once stated) may ensue; where deteriorating professional and personal relationships have progressively exploded; the daily stresses of the modern world refuse to provide for the necessary time often needed to recuperate, become rehabilitated, and slowly heal from a chronic and intractable medical condition.  For, that is often what is needed — time.  Medical conditions are peculiar events; surgery, medication regimens, therapy (physical or cognitive), require that one ingredient which the modern world cannot provide — time.  

For Federal and Postal employees who are suffering from a medical condition which lasts for a minimum of 12 months, there is the option of filing for Federal Disability Retirement benefits under FERS or CSRS.  While there is certainly a formidable “pay in cut” (Federal Disability Retirement benefits provide an annuity of 60% of the average of one’s highest 3 consecutive years of pay for the first year, then 40% every year thereafter), what the disability annuity does provide for is the time for rehabilitative recuperation, whether physical, cognitive or psychiatric.  

In deciding the avenue of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, often the most difficult decision to make is the decision to act.  Once that major “life-decision” is made, the mechanical aspects of acting will naturally fall into place.  It is the act of deciding which is the first act of all; thereafter, the play will naturally proceed.

Sincerely,

Robert R. McGill, Esquire

Filed under: Pre-Application Considerations | Tagged: a difficult decision an ill federal worker must make: filing for disability, Applying for Federal Disability Retirement is a Difficult Decision, civil service disability, considerations about federal disability retirement, dealing with a chronic medical condition during federal employment, decisions a federal employee under workers comp dol must make, disability retirement at the USPS, economic and health issues at stake with fers disability retirement, federal and postal employees suffering from a serious medical condition, federal disability law blog, FERS disability retirement, filing for fers disability retirement is a difficult and life-changing decision, financial circumstances in the opm disability decision, health issues and financial considerations disabled federal workers must take into account, if your health is more important than your job, law firm representing clients in opm disability law all across america, living with a deteriorating living condition and the injured postal worker, making a difficult decision in life: filing for opm disability retirement, medical decision is more important than economic decision, OPM disability retirement, postal service disability retirement, the injured federal worker decision: to file or not to file, The Pros and Cons of FERS Disability Retirement, USPS disability retirement, what federal disability retirement can do for you, what's more important for the injured postal worker money or good health? | 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.
  • Calendar

    June 2022
    S M T W T F S
     1234
    567891011
    12131415161718
    19202122232425
    2627282930  
    « May    
  • Top Posts

    • OPM Medical Disability under FERS: Memory
    • FERS/SSDI Offsets: Major Precedent-setting Case
    • Federal Employee Medical Retirement: The Importance of Logical Sequence
    • FERS & CSRS Disability Retirement: Reality and poetry
    • FERS Medical Retirement: The Age of Absolutes
    • Federal Disability Retirement Law: Loss of Social Cues
    • Office of Personnel Management (OPM) Disability Retirement: The Drama of Life
    • FERS Disability Retirement Benefits: Nothing New Under the Sun
    • Federal & Postal Disability Retirement: Saying Something
    • Medical Retirement for Federal Workers: Testing a Relationship
  • Archives

Blog at WordPress.com. WP Designer.

  • Follow Following
    • OPM Disability Retirement
    • Join 178 other followers
    • Already have a WordPress.com account? Log in now.
    • OPM Disability Retirement
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar