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Federal Worker Disability Retirement: Relying on Common Sense
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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 [...]
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Postal and Federal Disability Retirement: Relative Costs
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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 [...]
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Federal Employee Medical Retirement: The Larger Process
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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 [...]
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Medical Retirement for Federal Workers: When a Mistake is Made
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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, [...]
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FERS & CSRS Disability Retirement for Federal and USPS Workers: As a Process
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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 [...]
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Medical Retirement for Federal Workers: The Chance of Winning
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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 [...]
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OPM Disability Retirement: Additional Supporting Evidence
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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 [...]
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Approval of Disability by the Social Security Administration
Legal Analysis of Non-Statutory Laws
Approval of Disability by the Social Security Administration: In Trevan v. Office of Personnel Management, 69 F.3d 520, 526-27 (Fed. Cir. 1995), the Federal Circuit Court found that in making a determination of eligibility for disability retirement under FERS, the Board must consider an award of SSA disability benefits together with medical evidence provided by the appellant to OPM, and other evidence of disability. This is because the Federal Circuit Court wanted a consistency of determinations concerning disabilities, by all governmental agencies and departments. Social Security obviously has a stricter standard, and requires that an applicant be "totally disabled" in order to award benefits. I have effectively argued that similar determinations by other governmental agencies (such as the Veterans Administration) should also be required to be considered by the Office of Personnel Management.
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