Federal Employee News: Gay and Lesbian Federal Benefits Bill passes through Senate Committee.

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December 16th in Federal Employee News, General Federal Employment Law Posts.

Federal Times.com is reporting that just a few hours ago, the Senate Homeland Security and Governmental Affairs Committee has passed the Domestic Partnership Benefits and Obligations Act of 2009.

Generally speaking, the Act would allow federal employees in same-sex partnerships the same employment benefits as married co-workers. The benefits would include: health care, retirement and disability plans, family, medical and emergency leave, group life insurance, long-term care insurance and access to worker’s comp.

The Bill is not law, and must [...]

Federal Disability Retirement: OPM Denied my Disability Retirement Application – What Next?

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December 15th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

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 [...]

Federal Disability Retirement: Should I apply for disability payments from OWCP or federal disability retirement through OPM?

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December 28th in Federal Disability Retirement.

By far, this is the most common question that is asked during consultations.

The quick answer is “Yes, you should apply for both if you believe you are entitled to both”.  When I say “both”, I am referring to wage loss compensation benefits from  OWCP and federal disability retirement from  OPM.  If you are eligible for  federal disability retirement through  OPM, then apply for it. At the same time, if you are eligible for disability compensation from OWCP, apply for it.

However, you will not [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement, Step 5

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June 8th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss Step 5: Appeal.

You’ve shown that you are eligible for disability retirement, your disease/injury is preventing you from providing useful and efficient service, and the Agency is unable to reassign or accommodate you. What next?

Contact your Agency Human Resources or Labor Relations specialist, or contact  OPM to get the proper forms to file [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement: Step 4.

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June 7th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss Step 4: Reassignment.

Before counseling an employee to seek  disability retirement or supporting an employee’s application for disability retirement, an Agency must make every reasonable attempt to accommodate the employee.

To do this, the Agency should review all vacant positions under in the Agency, at the same grade and pay, in the commuting [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement: Step 3

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June 6th in Federal Disability Retirement, General Federal Employment Law Posts, MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal

This post will discuss Step 3: Continuity.

We touched on this step in an earlier post. In order to qualify for benefits, you must have an injury or disease that is likely to continue for one (1) year from its onset. The primary rationale for this element is to ensure that employees applying for [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS/CSRS Disability Retirement: Step 2

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June 3rd in Federal Disability Retirement, General Federal Employment Law Posts, MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss the second step: Disability.

If you were asked to define disability, you might say that it is a medical condition that prevents a person from doing something other people do with relative ease. That’s a good starting point. Problem is that the law, in its infinite wisdom, has dozens of different [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement: Step 1

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June 2nd in Federal Disability Retirement, General Federal Employment Law Posts, MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss the first step: Eligibility.  Most employees have little difficulty meeting the Eligibility requirements for disability retirement under FERS/CSRS. There are two big ones:

1) 18 months of federal civilian service (FERS) or 5 years under CSRS , and,

2) while in a position subject toFERS/CSRS.

To determine if you are in a position covered by FERS, you [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS disability retirement.

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May 27th in Federal Disability Retirement, General Federal Employment Law Posts, MSPB Appeals.

To be eligible for a disability retirement annuity under  FERS or  CSRS, you must be able to show that:

1) Eligibility. You completed at least 18 months of creditable service in a position subject to FERS, or five years of creditable service in a position under the CSRS,>

2) Disability.You became disabled because of a medical condition, resulting in a service deficiency in performance, conduct, or attendance (if there is no such actual service deficiency, the disabling medical condition is incompatible with either useful and efficient service or retention [...]

Federal Disability Retirement: Can Federal Employees Appeal an OPM denial of disability retirement?

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April 20th in Federal Disability Retirement, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

The short answer to that question is “generally, yes”.

Disability retirement is available to Federal Employees who become disabled in the course of their employment. The disability need not have occurred while at work.  Whether or not an employee is eligible for  disability retirement depends on which Retirement System the employee works under.

CSRS employees must be employed for a minimum of 5 years and be no longer able to effetcively perform at their current grade or pay level due to a [...]