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Blog Posts in May, 2016

  • Can I be on OPM Disability Retirement and OWCP at the same time?

    To be clear, OPM Disability Retirement and Office of Worker’s Compensation (OWCP) benefits cannot be received for the same period. The only exception to this rule is that a Scheduled Award may be paid in addition to FERS annuities. If you are approved for both OPM Disability Retirement and OWCP benefits, you will need to make an election (which is not irrevocable). If you elect OPM, you are still ...
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  • For how long do I have to be unable to work in my position to get OPM?

    A federal employee who is disabled must show evidence in their application that they are disabled from performing an essential element of their job for a minimum of 12 months from date the application is filed. This assertion generally comes from the applicant’s doctor, who delineates this claim in the Physician’s Statement. It is important to stress that the minimum quota of 12 months will begin ...
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  • Help, I am Filing for Federal Disability Retirement and My Supervisor Will Not Help!

    Does my supervisor have to be on board for my Disability Application to be successful? The short answer is not necessarily. A Supervisor’s Statement that testifies that the applicant has not been performing at a satisfactory level and cannot be accommodated is certainly an asset to an application for OPM disability retirement, but not a requirement. At The Law Offices of Eric L. Pines, PLLC, we ...
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  • What if I am denied OPM? What are my next steps?

    When a federal employee is denied OPM disability retirement, the disappointment need not be permanent; there is still hope for a positive reversal and we are here to help! The first step we advise is for the applicant to focus on the exact reasons OPM has cited for the denial. If in their denial letter OPM claims that your medical evidence was not sufficient, the next step is for you to examine ...
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  • Why is the Physician's Statement so Important?

    From the complete OPM disability retirement application package, the SF 3112C and supporting documentation (Physician’s Statement) is the key player in determining the outcome of an application’s status. Why? The main thrust of an OPM disability retirement application is the following: “I cannot perform the duties and responsibilities of my position description as a direct result of my medical ...
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