Mitchell Kastner, Esq. (732) 873-9555 mknjlaw@patmedia.net
Mitchell Kastner, Esq. (732) 873-9555 mknjlaw@comcast.net
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View Article  FERS Disability Retirement: An Untenable Position
This article discusses how an otherwise disabled applicant maybe disqualified from receiving a FERS disability retirement annuity unless he takes a few simple precautions before he files his application. Although the precautions are simple, the case law that discusses the grounds for disqualifcation is not simple. I review the case law in simple English.   more »
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View Article  What would you do if you received this threatening letter from your employer?
You cannot expect your employer to keep you on the rolls indefintely while you receive workers' compensation benefits. Sooner rather than later, your employer will force you to make hard choices---as this employee found out. Read our subscribers' advice to this employee as well as our fearless author's responses to that advice.   more »
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View Article  The Dangerous Intersection between Worker's Comp and Disability Retirement
If you are receiving compensation under the Federal Employees Compensation Act for an on-the-job injury , you might reasonably ask why you should consider applying for a FERS or CSRS disability retirement annuity when you are receiving 75% of your monthly pay tax-free. (By contrast, FERS and CSRS retirement annuity payments are taxable. ) Because your agency will remove you for being physically unable to work ; then OWCP might dump you off its rolls after its second-opinion doctor finds you no longer disabled ; and by then it would be too late to file for a disability retirement because you would have been off your agency�s rolls for more than a year. So the femtosecond your agency even starts to menace you about being on comp for so long, you had better start preparing to apply for disability retirement as an alternative to workers� compensation since you cannot collect both at the same time.    more »
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