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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 (79)
    • 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 (179)
    • OPM Disability & OWCP Workers Comp Filings (45)
    • OPM Disability & SSA Social Security Disability Benefits (40)
    • OPM Disability & VA Benefits (4)
    • OPM Disability Actors (289)
      • OPM Disability Actors – The Agency (54)
      • OPM Disability Actors – The Applicant (79)
      • OPM Disability Actors – The Attorney (55)
      • OPM Disability Actors – The Doctor (54)
      • 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 (2,118)
    • 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 (362)
    • When the OPM Application Is Approved (14)
    • When the OPM Application Is Denied (95)

OPM Disability Retirement: The Gargantuan Bureaucracy

Posted on August 21, 2013 by Federal Disability Retirement Attorney

Gargantuan; Leviathan-like; Mammoth; Elephantine; such descriptive words at once describe and simultaneously belie the true nature of an entity, especially when it comes to an administrative bureaucracy at the Federal level.  Agencies are organic structures, made up of micro-entities (i.e., people), divided into sections which operate within an infrastructure of larger branches, some of which are essential to the direction of the organism, others which are peripheral but still serve a minor purpose.

Thus, a Federal Agency can be likened to the human body; certain “parts” can be severed without doing mortal harm (a toe or a finger, perhaps); other organs are vital to the very survival of the living organism.  Within that large structural entity lives and breathes the multiplicity of components which make up the composite whole. Because of the sheer size, it is advisable to retain evidence of anything which has been forwarded or sent in for consumption by the beast.

Thus, in a Federal Disability Retirement case, whether under FERS or CSRS, the normal course of business in encountering the U.S. Office of Personnel Management should include the ability to show that a vital piece of information was sent and can be verified that it was sent.  Receipt is another matter.  Once a beast consumes its prey, it is difficult enough to try and reach down its throat to see if it made its way into the proper digestive system.  All that one can show is that it was fed; whether and how it was received is often known only by the burp of satisfaction echoing from the winding corridors of an endless maze.

Sincerely,

Robert R. McGill, Esquire

Filed under: U.S. Office of Personnel Management (OPM) | Tagged: accepting opm disability clients all across america, agency losing employee's federal disability application, attorney representing federal workers for disability throughout the united states, being careful with the medical documentation you submit to opm, common sense tips on the disability application and documentation, CSRS disability retirement federal attorney, disability retirement for federal employees, document verification during the fers disability application process, fers disability and form filling application, FERS disability retirement, filing and preparing for a long-term federal disability process, getting proof you mailed opm disability forms and documents, keeping track of all disability retirement paperwork submitted to opm, keeping yourself on top of your fers disability application, limitations to overcome in the opm disability forms, making sure your federal disability documentation is received, national representation for opm disability retirement, nationwide representation of federal employees, OPM disability application tips and strategies, opm disability forms, OPM disability retirement, opm disability tips for non lawyers, OPM First Stage Disability Application, opm medical documents, opm supportive medical documentation, planning an opm disability strategy that goes beyond form filling, post disability application issues, taking charge during your fers application for disability benefits, tips for federal workers filing for disability, tips on how to handle the opm disability application, USPS disability retirement, verifying documents submitted to the office of personnel management, washington state federal opm disability retirement, when human resources loses your opm disability paperwork, when the opm argues that they "never received" your documentation, when the opm follows up your disability retirement claim, when the opm losses your opm application | Leave a comment »

Medical Retirement Benefits for Federal & Postal Employees: Listing the Medical Conditions

Posted on April 15, 2010 by Federal Disability Retirement Attorney

The rule on an application for Federal Disability Retirement benefits under FERS or CSRS is that, once the application is filed with the Office of Personnel Management, the application cannot be amended or modified with respect to the “list” of medical conditions.  Thus, on the Applicant’s Statement of Disability (SF 3112A), one must list the medical conditions upon which the entire application for eligibility is based.  Once it is filed with OPM and a CSA Number is assigned to the case, you are restricted from being able to “add” to the list of medical conditions which are delineated on your statement.  This is fair enough, if one stops and reflects upon it, for a number of reasons.  For one thing, it would be unfair to have the right to change the basis upon which one has filed for Federal Employee Disability Retirement benefits under FERS or CSRS.  For another, OPM must be able to begin the process of evaluating the eligibility of a case without the potential for modification of the medical conditions, or the adding or subtracting of the underlying basis of the claim.  However, the mere fact that one cannot “add” to the list of medical conditions, does not prevent one from submitting additional supporting medical documentation (even from a previously-unnamed medical provider) which would support the already-listed medical conditions. 

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Application - SF 3112A Applicant's Statement of Disability for CSRS and FERS | Tagged: accepting opm disability clients all across america, after you have submitted your federal disability application...., all conditions listed in the application should explain the "nexus", Appeals, Application, attorney representing federal workers for disability throughout the united states, can I change my federal disability application once it has reached boyers?, civil service disability, CSA Number, CSRS disability retirement federal attorney, disability retirement at the USPS, disability retirement for federal employees, editing a csrs disability application after initial submission, examining all and each document submitted to the opm, federal disability law blog, federal employees suffering from multiple injuries and illnesses, federal employees with several injuries and illnesses, FERS disability retirement, Health Conditions and the Federal and Postal Employee, how to list all relevant medical conditions in the opm disability claim, if the applicant has several medical conditions, if the opm disability applicant has several medical issues, law firm representing clients in opm disability law all across america, legal services for federal and postal workers all across america, list only disabilities that prevent core functions of the job, listing different illnesses in your opm disability application, listing multiple occupational injuries and illnesses, listing several medical conditions in an opm disability application, medical condition(s), medical conditions that will qualify you for opm disability retirement, modifying a fers disability application during the first stage, multiple medical disabilities federal employee, OPM disability application tips and strategies, OPM disability lawyer, OPM disability retirement, OPM First Stage Disability Application, Postal disability retirement, postal service disability retirement, representing federal employees from any us government agency, representing federal employees in and outside the country, USPS disability retirement, verifying documents submitted to the office of personnel management, what changes am I allowed to do after I turn in my fers disability application?, what changes can I make after I have submitted my disability application to the opm?, when the office of personnel management evaluates your disability application, when the opm disability applicant has several illnesses, when the opm in washington receives and evaluates the packet, when there are several medical conditions, workplace injuries and illnesses in the federal government | Leave a comment »

OPM Disability Retirement: Always Verify Submissions

Posted on September 25, 2009 by Federal Disability Retirement Attorney

The old saying:  Measure twice, cut once, can be adapted here:  Verify twice, submit once.  I am always surprised by Federal and Postal employees who have filed for Federal Disability Retirement benefits under FERS or CSRS to hear that a document, a submission, a Request for Reconsideration, an appeal, etc., was sent to the Office of Personnel Management by regular mail, with no manner of verification.  While I have great respect for the personnel who work at the U.S. Postal Service as well as the Office of Personnel Management, such issues have nothing to do with individual competence; instead, it has to do with the recognition that all oversized agencies (do we even have to argue as to what is defined as an “oversized agency”?) have their internal mail problems — not only of sending or receiving mail, but getting it to the right person, etc.  Not everyone needs to be overly “verification-sensitive” like I am, but my methodology for every document forwarded to OPM is as follows:  faxed (with a print-out of a receipt showing that the fax went through), as well as an express mail or FedEx tracking number.  Verify twice, submit once.  The Office of Personnel Management has never won an argument with me that they “never received it.”

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: advice on the opm disability retirement paperwork and process, agency losing employee's federal disability application, being careful with the medical documentation you submit to opm, common sense tips on the disability application and documentation, document verification during the fers disability application process, federal disability retirement lawyer new york ny, fers disability and form filling application, filing and preparing for a long-term federal disability process, following up your disability application with the opm, getting proof you mailed opm disability forms and documents, keeping track of all disability retirement paperwork submitted to opm, keeping yourself on top of your fers disability application, limitations to overcome in the opm disability forms, making sure your federal disability documentation is received, Medical Documentation for OPM Disability Retirement, medical documentation guidelines, medical retirement from federal service, national representation for opm disability retirement, OPM disability application tips, OPM disability application tips and strategies, opm disability forms, OPM disability retirement, opm disability tips for non lawyers, opm medical documents, opm representation in illinois, opm supportive medical documentation, planning an opm disability strategy that goes beyond form filling, post disability application issues, postal service disability retirement, postal workers owcp rights attorney, representing federal employees from any us government agency, representing federal employees in and outside the country, SF 3112 disability retirement forms, taking charge during your fers application for disability benefits, texas opm disability retirement, The Unrepresented OPM Disability Applicant, tips for federal workers filing for disability, tips for unrepresented opm disability applicants, tips on how to handle the opm disability application, USPS disability retirement, verifying documents submitted to the office of personnel management, washington state federal opm disability retirement, when human resources loses your opm disability paperwork, when the opm argues that they "never received" your documentation, when the opm follows up your disability retirement claim, when the opm losses your opm application, when the opm request additional medical documentation | Leave a 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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