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Disability Retirement


The federal government allows employees who are unable to work to retire under a disability retirement. It is in the best interest of both employees and the federal government for employees to remain gainfully employed in their current grade or pay level, as long as they can provide useful and efficient service without endangering themselves, others or government property.
Disability retirement should be the very last option and should be used only when attempts have been made to preserve an individual's employment, and those attempts have failed.

Order our Disability Retirement guide to educate yourself on the rules and regulations concerning disability retirement for federal employees.

To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
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frankfooter32  
#1 Posted : Wednesday, May 14, 2008 1:29:42 AM(UTC)

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Joined: 5/12/2008(UTC)
Posts: 14

I think I have done most of the heavy work regarding my claim (friends/family statements, couselors statements, job description and how my Dr feels I cannot do the duties, application etc). Does anyone think it is wise at the 1st stage to send in a written statement to OPM indicating that I have knowledge (thanks to this board.) of landmark cases that would help me not fall into "traps" of upfront denials. I was thinking of using the case Vanieken-Ryals v. OPM (which stated that mental disorders do not need substantial support evidence) since I am filing for severe depression, anxiety, constant dizziness, blurred vision. Has anyone used this approach to save themselves for an adjudicator at OPM that isnt familiar with this case and how it may affect me getting my FERS annuity? Would it be wise?

Any help on this topic is greatly appreciated.

Thanks again!
Inquire  
#2 Posted : Wednesday, May 14, 2008 4:12:43 AM(UTC)

Rank: Senior Member

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Joined: 8/26/2006(UTC)
Posts: 694

Ploease send the link to this case. It is hard to tell without reading some of the details of the case

quote:
Originally posted by frankfooter32:
I think I have done most of the heavy work regarding my claim (friends/family statements, couselors statements, job description and how my Dr feels I cannot do the duties, application etc). Does anyone think it is wise at the 1st stage to send in a written statement to OPM indicating that I have knowledge (thanks to this board.) of landmark cases that would help me not fall into "traps" of upfront denials. I was thinking of using the case Vanieken-Ryals v. OPM (which stated that mental disorders do not need substantial support evidence) since I am filing for severe depression, anxiety, constant dizziness, blurred vision. Has anyone used this approach to save themselves for an adjudicator at OPM that isnt familiar with this case and how it may affect me getting my FERS annuity? Would it be wise?

Any help on this topic is greatly appreciated.

Thanks again!
"Great danger lies in the notion that we can reason with evil."
Inquire  
#3 Posted : Wednesday, May 14, 2008 4:32:28 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 8/26/2006(UTC)
Posts: 694

http://www.cafc.uscourts.gov/opinions/06-3260.pdf

quote:
Originally posted by InquiringMind:
Ploease send the link to this case. It is hard to tell without reading some of the details of the case

quote:
Originally posted by frankfooter32:
I think I have done most of the heavy work regarding my claim (friends/family statements, couselors statements, job description and how my Dr feels I cannot do the duties, application etc). Does anyone think it is wise at the 1st stage to send in a written statement to OPM indicating that I have knowledge (thanks to this board.) of landmark cases that would help me not fall into "traps" of upfront denials. I was thinking of using the case Vanieken-Ryals v. OPM (which stated that mental disorders do not need substantial support evidence) since I am filing for severe depression, anxiety, constant dizziness, blurred vision. Has anyone used this approach to save themselves for an adjudicator at OPM that isnt familiar with this case and how it may affect me getting my FERS annuity? Would it be wise?

Any help on this topic is greatly appreciated.

Thanks again!

"Great danger lies in the notion that we can reason with evil."
frankfooter32  
#4 Posted : Wednesday, May 14, 2008 4:41:41 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 5/12/2008(UTC)
Posts: 14

oops, sorry about that. Thanks inquiringmind! I should have linked that for you guys. My bad. Frown
Inquire  
#5 Posted : Wednesday, May 14, 2008 6:01:42 AM(UTC)

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Joined: 8/26/2006(UTC)
Posts: 694

In my (unlegal) opinion I dont think it would hurt. I would enter it and just reference it very briefly, the reviewer may not be aware of this decision and it may liminate a step


quote:
Originally posted by frankfooter32:
oops, sorry about that. Thanks inquiringmind! I should have linked that for you guys. My bad. Frown
"Great danger lies in the notion that we can reason with evil."
frankfooter32  
#6 Posted : Wednesday, May 14, 2008 6:48:15 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 5/12/2008(UTC)
Posts: 14

quote:
Originally posted by InquiringMind:
In my (unlegal) opinion I dont think it would hurt. I would enter it and just reference it very briefly, the reviewer may not be aware of this decision and it may liminate a step



That was my thought. I adjudicated unemployment claims for 5 years and understand that the more supporting evidence the better. I dont want to get an unfront denial on something stupid I could have avoided. Ya know? Wink
edalder  
#7 Posted : Thursday, May 15, 2008 8:08:47 AM(UTC)

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The person who gets your case probably has many other cases to review.

If your case arrives and appears to contain pounds of paperwork that he or she must read, well....

You just might wind up at the end of the line. The OPM reviewer probably has performance standards relating to how many cases he or she resolves. If that person has to read 500 pages to figure out what your case is about, he or she may do five or six other cases that are less time consuming just to look good to management.

There is a fine line between appropriately documenting your case and "overkill". Try not to cross it.
Kivi
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