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FERS & CSRS disability retirement: Further comment on Vanieken-Ryals

Thursday, August 14, 2008 by Robert R. McGill

Vanieken-Ryals v. OPM, decided by the U.S. Court of Appeals for the Federal Circuit on November 26, 2007, has an interesting statement from the deciding Judge, which can be used as "firepower" for anyone who is attempting to obtain Federal Disability Retirement benefits (note of caution: for lay non-attorneys, be careful in how you use it in trying to convince a lay, non-attorney OPM representative): "In addition, neither the MSPB nor OPM... Read More

Posted at 21:07 PM | PERMALINK

Topic: Administrative Law

Can You Sue Your Employer in Virginia for a Work Place Accident?

Thursday, August 14, 2008 by Gerald G. Lutkenhaus

The general rule is "no" you cannot sue your employer for a work place accident in Viriginia even if the employer's negligence caused the accident. This bar also applies if you were injured by a fellow worker. ... Read More

Posted at 09:51 AM | PERMALINK

Topic: Workers Compensation

Missing a Step: Is this a Workers Compensation Accident in Virginia?

Thursday, August 14, 2008 by Gerald G. Lutkenhaus

Simply missing a step on a stairs or a ladder is not necessarily a workers compensation accident in Virginia. There must be a work related risk involved in the accident. ... Read More

Posted at 09:41 AM | PERMALINK

Topic: Workers Compensation

Social Security Processing Time in Tampa

Tuesday, August 12, 2008 by John F. Sharpless

According to the Social Security Administration’s National Ranking Report for the month ending June of 2008, the Tampa Office of Disability Adjudication and Review has a processing time of 648 days. This means that from the date a Request for Hearing with an Administrative Law Judge is filed the average processing time is just short of 22 months. The Tampa ODAR ranks 122nd out of 147 hearing offices nationwide... Read More

Posted at 12:07 PM | PERMALINK

Topic: Social Security Disability

FERS & CSRS disability retirement: What it means to have the "burden of proof"

Monday, August 11, 2008 by Robert R. McGill

Remember that the applicant who is requesting disability retirement benefits from the Office of Personnel Management always has the burden of proving, by a preponderance of the evidence, that he or she is entitled and eligible for disability retirement benefits. Even if the Agency proposes and effectuates a removal based upon one's medical inability to perform the essential elements of one's job (thereby invoking the "Bruner Presumption"); nevertheless, the... Read More

Posted at 21:02 PM | PERMALINK

Topic: Administrative Law

Criminal Lawyer's Take on the Right to Counsel in Iowa

Friday, August 8, 2008 by Mark Thompson

This article summarizes the U.S. Constitutional right to counsel, as interpreted and codified by the State of Iowa, and how it applies to the OWI Implied Consent law. This article was drafted by Attorney Mark Thompson, with the help of his law clerk Cody Farrens. His website is www.thompsonjustice.com. Other articles are available at www.thompsonjustice.com... Read More

Posted at 11:08 AM | PERMALINK

Topic: Criminal Law

FERS & CSRS Disability Retirement: The "nexus" between the Reconsideration Stage and the Merit Systems Protection Board

Wednesday, August 6, 2008 by Robert R. McGill

It is an accepted fact that there is a "psychological" aspect to almost everything in life, and this is no less true in the field of disability retirement law. The "psychological" aspect is the nexus, or bridge, from the Reconsideration Stage to the Merit Systems Protection Board. From OPM's viewpoint, this is the last chance to make a decision on a case, before it is taken out of the hands -- and therefore "control" -- of... Read More

Posted at 18:46 PM | PERMALINK

Topic: Administrative Law

Reopening of Divorce Agreement Terms Permitted

Wednesday, August 6, 2008 by Richard S. Diamond

In Hogbin v. Hogbin-DeLaurentis, the Appellate Court in NJ permitted the wife the opportunity to present proofs ( to the court below on remand) as to whether the parties settlement agreement was oppressive and manifestly unfair and should be set aside, based on her testimony as to her husband's physical & emotional abuse and the report of her expert as to her mental state at the time the agreement was entered.

Translated to english.......... Read More

Posted at 16:34 PM | PERMALINK

Topic: Family Law

Subprime Mortgages and Theories of Liability--Deja Vu? (Part Three)

Wednesday, August 6, 2008 by

Part Three addresses the heightened pleading requirements for falsity and scienter imposed by the Private Securities Litigation Reform Act of 1995 (PLSRA) and the impact of caselaw interpreting these provisions that make it very hard for class action plaintiffs to successfully establish secondary liability of defendants.... Read More

Posted at 11:47 AM | PERMALINK

Topic: Securities

METLIFE v. GLENN: THE SUPREME COURT IMPROVES THE STANDARDS FOR DECIDING DISABILITY CLAIMS UNDER EMPLOYER-SPONSORED PLANS (ERISA)

Tuesday, August 5, 2008 by Mark P. Scherzer

The Supreme Court’s recent decision in Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (Jun. 19, 2008) is likely to have beneficial effects on judicial review of ERISA-governed disability and other welfare benefit claims, particularly in the Second Circuit, which includes New York. The Court’s analysis allows district courts more freedom to consider the impact of an... Read More

Posted at 20:04 PM | PERMALINK

Topic: Employee Benefits

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