WELCOME TO THE OPM DISABILITY RETIREMENT BLOG:

YOUR ONE-STOP SHOP FOR INFORMATION AND ADVICE RELATED TO FERS DISABILITY RETIREMENT

This blog is meant to provide information to FERS Federal Government Employees seeking OPM Disability Retirement.

Most people who visit this blog are looking for detailed information about FERS Disability Retirement. I have tried to provide an overview by answering all of the common questions in the "Essential Legal Manual." If that is all you read, you will already have a good idea of how Disability Retirement works.

If you are a FERS federal employee who just needs the basics of how to win OPM Disability Retirement, check out the "Don't Be A Dummy" page. It is a quick and dirty introduction to 3 core principles of Disability Retirement and the basic winning strategies you will need to know in your upcoming battle with OPM (trust me, it is often a battle).

The Articles page is exactly what it sounds like. I have written articles on the inner-workings of OPM Disability Retirement, including "Why Getting Fired Can Be A Blessing," "My Client Had Fibromyalgia," and "Denying the Right to Counsel." You can see some of them here on the front page.

Check out Harvey Talk! (Our podcast series) and About the Author for stories about cases, flippant conversations about Disability Retirement law, and more. The podcasts are a quick and fun way to get a taste of what I'm all about as a lawyer: someone who has been helping federal employees get benefits for 30 years.

Lastly, if you are seriously considering disability retirement, reconsideration, or a final appeal to the MSPB, then I highly encourage you to fill out the contact form on the right. Every case is unique and you deserve quality advice. While I am not taking on new cases at this time, focusing instead on this blog, your information will be forwarded to my trusted colleague Elliott Andalman, Esq., with whom I have worked on many cases over the years. Elliott Andalman has represented myriad disability retirement clients over his many years of law practice at all stages of the proceedings from initial application through trials at the Merit System Protection Board. If you fill out the contact box at the right, your information will be sent directly to Elliott at Andalman & Flynn so that he can make contact with you to discuss your case.

Elliott likes talking to people - he'll take his time, offer advice, and won't charge a dime for your consultation.

*Any information you provide either on this website or over the phone is entirely confidential and will not be given to any other party (besides staff) without your express permission. Also, we don't run an email list so don't worry about getting a bunch of spam.

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Articles

Getting Fired Can Be A Blessing - If You Want OPM Disability Retirement

My Client Had Fibromyalgia

Essential Legal Manual

Can I be denied disability retirement if I refuse evaluation or treatment which might reasonably ameliorate the medical condition causing the disability?

ANSWER: That depends on the nature of the medical evaluation or treatment you refuse. You cannot be denied disability retirement for refusing to undergo diagnostic procedures or treatment strategies that are relatively invasive, relatively painful, or may result in further illness. However, in one case an employee's chronic back pain was exacerbated by being overweight. She was denied disability retirement when she refused to accept medical advice to exercise and lose weight.

How sick or injured do I have to be in order to collect disability retirement?

ANSWER: You do NOT have to be totally disabled to collect disability retirement. You are considered disabled if you are unable to render "useful and efficient service." If you are unable to perform satisfactorily a single (just one and any one will do) "critical element" of your current government job on account of an illness or injury, then you cannot render "useful and efficient service" and are eligible for disability retirement. It does not matter that you may be able to perform all of the other elements of that job. If you can't perform that single "critical element," then you are by definition disabled.

To some this sounds too good to be true; particularly to some physicians who are accustomed to thinking of disability in terms of wheelchairs, oxygen tents, and life support machines. They often fail to grasp the fundamental point that Congress has chosen to define disability for government employees in far more liberal terms than disability is defined in other areas of the law. As a consequence of their misunderstanding, many doctors are reluctant to go all out for their patients who do not meet the more traditional definition of disability. One result is that their patients end up being denied a benefit to which they have a legal right. One of my major tasks in representing government employees seeking disability retirement is to educate physicians and others on this critical point so that they can, in turn, really go to bat for their patients.

Example: Andy suffers from the chronic pain of a slipped disc whenever he is required to sit for even short intervals. Andy's desk job requires long stretches of sitting. Andy has no trouble playing golf or dancing till dawn, but he cannot sit without pain. Because Andy can not render "useful and efficient service," he is disabled from his government job even though he can play golf and dance. If he meets the other requirements, he is entitled to disability retirement.

Want to Win? Start With These 10 Questions.