1 thought on “Federal Disability Retirement: SSA Approval, Part I

  1. I received a fully favorable Social Security Disability award in June 2009.

    In March 2009, I was denied CalPERS service disability retirement benefits by an ALJ. I appealed that Decision to the CalPERS Board. The Board scheduled a hearing to discuss my appeal for August 2009. At that time, the SSDI formal Decision had been received and the CalPERS Board remanded my case back to the ALJ with a directive to review the Social Security hearing file and issue a Decision on Remand.

    CalPERS legal staff intends to argue that the ALJ should not review the Social Security hearing file (or at least give it no weight). Their argument is based on the fact that the criteria for SSDI and CalPERS are different with respect to determining disability retirement.

    The ALJ scheduled a pre-hearing conference where he basically said that the issue he needs to determine is whether res judicata or estoppel applies iin this case.

    I need to preare a brief on these issues. The hearing on remand is set for January 26, 2010.

    Can you guide me to any language that will assist me in the preparation of the brief that I need to prepare?

    I lookk forward to your response

    Thank you,
    Lynda Jacobsen

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