There are several types of appeals which can be made to the MSPB which are “constructive” in nature. A constructive action occurs when the Agency didn’t actually take an action but can still be held liable as if they took the action. One example of a constructive action is a constructive suspension – you can read about it by clicking here.

Another type of constructive action is the coerced retirement. Typically, the MSPB does not have [...]

Veterans Benefits Attorney Chris Attig discusses approaches to establishing service-connection by legal presumption.

Most employees do not know that they do not have to be the actual victim of a “sexual harasser” to be harmed by sexual harassment. People who are not the target of sexual harassment but who work in environments where sex harassment is occurring can file “third party” and “bystander” harassment suits. These types of claims can be filed by men or women.

There are two types of third-party sexual harassment claims: “quid pro quo” or hostile environment.

“Quid pro [...]

By far, this is the most common question that is asked during consultations.

The quick answer is “Yes, you should apply for both if you believe you are entitled to both”.  When I say “both”, I am referring to wage loss compensation benefits from  OWCP and federal disability retirement from  OPM.  If you are eligible for  federal disability retirement through  OPM, then apply for it. At the same time, if you are eligible for disability compensation from OWCP, apply for it.

However, you will not [...]

Veterans Benefits Attorney Chris Attig discusses a scam that is being used on Veterans.

Here’s a scenario that can happen quite frequently. You are driving a vehicle as part of your government job, and you get hit by another driver. You file a complain for benefits with OWCP and your injury is accepted as an on-the-job injury. Can you sue the other driver that hit you and caused the injury? The short answer is “yes”, but there is information you may need to know before going forward with that [...]

Veterans Benefits Attorney Chris Attig discusses approaches to establishing Service-Connection by Aggravation of a pre-service condition or disease.

Many Federal Employees are also U.S. Veterans with a service-connected disability. What happens when a Veteran with a service-connected disability gets injured on the job – does he/she have to give up the OWCP or VA benefits?

Generally speaking, you can collect both benefits at the same time, as along as the two injuries are completely separate, unless…

the on-the-job injury (or, god forbid, death) results from an injury that the VA has held was service-connected; or,
when the VA gives a [...]

The general public is not nearly as sympathetic to disabling mental health conditions as they are to disabling physical conditions. That’s the prejudice that those who suffer from mental health conditions are up against.

I was reminded of this in a recent hearing.

Our client had a severe mental health condition, and had been out of work for several weeks to seek treatment of this condition – she was heavily medicated and under the frequent care [...]

A recent experience in an MSPB Hearing reminded me of one of the most important tenets of advocacy before the MSPB: always read the Judge’s Orders. Let me tell you what happened.

At the opening of the hearing, the Agency called its first witness to testify. This particular witness was on our witness list, but not on the Agency’s witness list. When this is the case, the Agency cannot usually conduct a direct exam of that witness. [...]