Attorney Working Exclusively For Federal And Postal Employees From All Across
The U.S., Seeking To Obtain Disability Retirement Benefits Under FERS & CSRS
02/03/2012 by Federal Lawyer The problem of relying on "common sense" (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem [...]
02/02/2012 by Federal Lawyer In preparing, formulating, and filing for Federal Disability Retirement benefits from the Office of Personnel Management, there is always the question of costs involved -- of the time frame [...]
02/02/2012 by Federal Lawyer There is, of course, the limited process of issues impacting a Federal Disability Retirement application, whether under FERS or CSRS -- of the actual paperwork; of obtaining and completing [...]
02/01/2012 by Federal Lawyer Mistakes made in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, are usually correctable, [...]
01/30/2012 by Federal Lawyer It is often a necessity to be reminded that the preparation, formulation, and ultimately the filing of a Federal Disability Retirement application under FERS or CSRS, with the U.S. Office of Personnel [...]
01/29/2012 by Federal Lawyer To characterize the filing of a Federal Disability Retirement application under FERS or CSRS, from the U.S. Office of Personnel Management, in terms of the percentage chances [...]
01/28/2012 by Federal Lawyer In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is nothing to preclude [...]
Federal Disability Retirement Posted on Jun 2, 2002
I am again updating you with this informational sheet concerning Disability Retirement. Remember that disability retirement is an entitlement based upon your Federal Service. Once you have met the necessary time-requirements, it is a benefit accorded to you in the event that your medical condition renders you unable to perform the essential elements of your duties.
Second, remember that if you find that your medical condition causes you to become excessively absent from work, and you find yourself with the threat of an adverse removal action, this may be to your benefit in the event that you decide to file for disability retirement. Ever since the U.S. Court of Appeals for the Federal Circuit, in the case of Bruner v. Office of Personnel Management, 996 F.2d 290 (1993), decided that removal from the Federal Service shifted the burden of production from the applicant to the agency, such an adverse action actually works in favor of a disability retirement applicant. What this means is that, if you are removed because of your medical inability to perform, it is the Office of Personnel Management --and not you-- who must prove that you are not entitled to disability retirement benefits. Of course, you must still provide the initial medical documentation showing your disability; however, the burden-shifting criteria greatly increases the chances of approval.
Third, with respect to the issue of Agency accommodation of a person's medical disability, an important case to rely upon is Bracey v. Office of Personnel Management, 236 F.3d 1356 (Fed. Cir. 2001). There, the Court found that the light-duty assignment provided to the disability retirement applicant was not an "assignment to a vacant position" precluding disability retirement, because "assignment to a vacant position" requires placing the injured employee into an officially established position that is graded and classified, and does not include an informal set of 'make-up' work that the supervisor wants you to do. "Accommodation" must mean accommodating your disability in the performance of your duties in the position in which you are working --not to just stick you into a corner desk and give you assignments as they come up.
Having the law behind you is important when you are attempting to assert your rights. However, if you are unaware of the law, then you have failed to utilize a tool which is there for you to use. The tool of an attorney is knowledge of the law. If you believe that you need to consult an attorney concerning disability retirement, please contact me at 1-800-990-7932 or email me at federal.lawyer@yahoo.com
