I have heard from a lot of  disability retirement applicants that they have been approved for Social Security disability but later denied  disability retirement by  OPM. Many of the applicants that call us are confused how this can be, so this blog will attempt to explain how this might happen – and what you can do about it.

The biggest reason that you might receive different decisions – a grant of Social Security disability but not  FERS disability retirement (or [...]

When an employee applies for disability retirement under CSRS or FERS, one of the elements that the employee must show is that the Agency is unable to accommodate him or her.

In order to prove this element, the agency must review all vacant positions under its jurisdiction at the same grade or pay level and tenure in the commuting area to determine if the employee meets the minimum qualification standards for any vacant position. [...]

In an earlier post, I suggested that the best way to be sure you are comfortable working with an attorney is to talk to as many as you can about your case. In doing this, it will be helpful to understand how attorneys charge fees.

1) Consultation Fee: This is a fee that most Firms charge to determine, initially, if your case is one that the Firm is interested in. Some firms do not charge consultation fees, some firms [...]

You receive the letter from OPM, open it, and find that OPM denied your application for disability retirement benefits under FERS/CSRS. Chances are, you’ll read the letter over and over, and the more you read it, the less sense it will make. What do you do?

At this point, your choices depend on what stage of the application you are at. If this is the first indication you have received that OPM [...]

I have done some research on recent MSPB Initial Decisions in Catch 62 appeals, and wanted to publish some statistics for you. Over the coming weeks, more statistics will be published.

Today’s statistic breaks down how the various MSPB offices are deciding Catch 62 cases. The statistic below shows the percentage of Catch 62 appeals, for each office of the  MSPB, between July 1, 2008, and October 17, 2008, in which [...]

Yesterday, I wrote about another employee who was caught by Catch-62. Today, some good news. An  MSPB Administrative Judge reversed OPMs decision reducing a retiree’s benefits by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

In this case, the employee was an Air Traffic Controller with the FAA. He was advised that so long [...]

Another retiree appears to have been caught by “Catch 62“. In October 2008, an  MSPB Administrative Judge found that the retiree did not prove “administrative error” that would require him to order OPM to reverse its decision.

Civilian employees of the federal government who have served in the military may, by making a pre-retirement deposit, buy their post-1956 military service into their federal retirement annuity. By paying a percentage of their military earnings [...]