Lawyers.com Blog

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Medical Support, Belief, Documentation and the Diagnosis

nospam@example.com (Robert R. McGill) — Wed, 16 May 2012 06:46:40 -0400

Ultimately, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must always remind one's self that this is a "paper presentation" (regardless of the prevailing and inevitable march towards a paperless society) to the U.S. Office of Personnel Management (OPM). As such, there are certain inextricable components in the presentation itself, which must be reviewed, evaluated, and decided upon before proceeding. As a "presentation" which is meant to be persuasive -- i.e., proving by a preponderance of the evidence that one is entitled to the Federal Disability Retirement benefit, whether under FERS or CSRS -- it must obviously have the essence of the proof itself: Medical Support. Without the medical support, one need not consider moving forward at all. Once the Federal or Postal employee has ascertained that he or she has the medical support to proceed, then the question is one of obtaining the documentation which confirms such support. For, a pat on the back and a wonderful smile from the doctor will not be persuasive to OPM; the doctor must be willing to document, in detailed format, the support which is expressed. Next, in sequential order, the medical documentation must reveal, convey, and persuasively reflect, a level of belief which will be tested in the event that the Federal Disability Retirement application is denied at the First Stage of the Process, and further tested if it is denied at the Second, or Reconsideration Stage, of the process. Thus, in short, the treating or supporting doctor must possess a level of belief in one's case, and be willing to support that belief throughout the entire administrative process. Finally, the doctor must be able to make a diagnosis, but more than that, to support the diagnosis, and be willing to make the "nexus" between the diagnosis, the patient's physical, emotional and cognitive capabilities, and to relate them to one's positional duties of one's job. It is through this process of connecting the dots, where the end-goal is achieved: of obtaining one's Federal Disability Retirement benefits.

Sincerely, Robert R. McGill, Esquire

Proving Driver Negligence in San Diego Bicycle Accidents

nospam@example.com (Mike Bomberger) — Wed, 16 May 2012 02:09:40 -0400

One of the most common causes of San Diego bicycle accidents is driver negligence. Negligence is defined as “failure to exercise reasonable care.” Sadly, many cyclists suffer as a result of a driver’s inability to exercise reasonable care when operating a car. Some examples of driver negligence, include:

Driving while talking or texting on a cell phone
Driving while under the influence of alcohol or drugs
Failure to obey traffic signs or signals
Failure to check mirrors when backing up or making a turn
Driving while tired
Driving above the speed limit
Failure to yield the right of way.

Consequences of Driver Negligence

According to the California Highway Patrol (CHP), hundreds of cyclists are injured in collisions with cars every year in San Diego. Cyclists’ injuries are usually catastrophic due to the fact that cyclists have nothing but a helmet to protect them from an impact with a car. Examples of catastrophic injuries are: head injuries, broken bone injuries, blunt force trauma, torn muscles and ligaments, brain injuries, severed limb injuries, large puncture wounds, and spinal cord injuries. Tragically, many San Diego cyclists suffer fatal injuries. In 2009, 57 cyclists were killed in San Diego bicycle accidents, reports the CHP.

See Justice Served

After suffering a serious injury in a San Diego bicycle accident caused through no fault of your own, you may be wondering what, if any, justice can be sought? How can the driver of the car that hit you be held accountable? Oftentimes, filing a personal injury claim is the only way victims can ensure the at-fault driver is held accountable. However, before the driver can be made to pay for the harm they have caused, you must prove the driver acted negligently and as a result of the driver’s negligent behavior, you were harmed.

A skilled San Diego bicycle accident lawyer should have the resources and knowledge needed to help you prove negligence on the part of the driver. When selecting a lawyer to represent you, look for a San Diego bicycle accident lawyer who will hire expert witnesses, conduct a detailed investigation of your case, and who will work with top trial experts.

Determining Your Eligibility to File a Claim

To determine your eligibility to file a personal injury claim, speak to a competent personal injury lawyer. Almost all San Diego bicycle accident lawyers will not charge you for a consultation.

Avoid Fraud, Prosecution by Telling the Truth in Bankruptcy

nospam@example.com (Roddy Lanigan) — Wed, 16 May 2012 00:53:17 -0400

Tell the Truth About Assets, Income, Savings in Bankruptcy

Perjury in the midst of bankruptcy is not a crime that can be dismissed. Perjury cannot be ignored or waived in the context of bankruptcy. Be honest and think carefully when you sign bankruptcy forms and official papers when you file for bankruptcy in Florida, there's a list of your debts, creditors, income, savings, investments, bills and many other financial disclosures. On one form you swear that you are telling the truth about your information.

You'll sign final bankruptcy papers stating that information that you provided is complete, thorough, accurate, not misleading. Failing to disclose assets is against the law. Your bankruptcy case could be dismissed, but perjury will not. If the court thinks that you intentionally left information out or made false statements you're guilty of perjury.

Should you decide to move forward with any bankruptcy, before you sign bankruptcy papers, don't try to hide, forget, twist or change the facts about any asset you own, will own, have part ownership of or are in the process of owning.

Include all your debts -- because all your creditors are included in the court case. A creditor may be contacted and should you leave a creditor you "like" off, your bankruptcy may be dismissed.

Here's a quick list of the assets that have to be reported:

Property
Tax refunds
Inheritance, judgments
Life insurance, trust funds
Investments, annuities, stocks
Pensions, trust or retirement funds

Jail is not out of the question if you are prosecuted for fraud. Disclose everything or don't sign the bankruptcy documents. You may face criminal charges and your bankruptcy could be dismissed if you're caught.

Consult with Orlando bankruptcy, foreclosure and mortgage workout lawyers Eric Lanigan and Roddy Lanigan. If and when you're facing bankruptcy provide the Lanigans with all of your assets information. You can consult with the Lanigans who will explain to you the detriments of lying on bankruptcy forms.

There are Florida exemptions allowed. So whether Chapter 7, Chapter 11, Chapter 13, you're allowed to keep some of your assets. Find out which exemptions in the state of Florida apply to your case and which bankruptcy makes sense for your financial situation.

Be honest with the Lanigans when you start making your lists and providing documentation.

If you're not sure if there's a creditor you owe, or an investment or property item that will be an asset, provide it so that it won't be disputed in a Florida court of law.

Continue reading "Avoid Fraud, Prosecution by Telling the Truth in Bankruptcy"