In the course of your Merit Systems Protection Board (MSPB) or Equal Employment Opportunity (EEO) hearing, you should be told, by the Judge, of your “burdens of proof”. This phrase is a legal term of art. If you can understand your “burden of proof”, you will really have a good advantage. You can structure your case on arguing that you met your burden of proof, or that the Agency failed to meet its burden of proof.

The Burden [...]

This is the final post in a series: “Five Ways to Establish Service-Connection” for a disease, injury or other medical condition that is used as the basis of a veteran’s claim for VA benefits. You can read the first entry by clicking here. You can read the second entry by clicking here. You can read the third entry by clicking here. You can read the fourth entry by clicking here. You can read the fifth entry by [...]

One of the most challenging aspects of Federal employee employment law is the concept of the “mixed case”. The rules and procedures governing a “mixed case” are so complicated that this post does not seek to explain the “ins and outs” of every situation that could arise in a mixed case. This post only seeks to explain generally what a mixed case is and how a mixed case should be handled.

So let’s start there. What is [...]

Click on the link below to view a Message Board Forum for VA Benefits. While I can’t and won’t endorse the accuracy of anything posted there, I will say that there appears to be quite a bit of information about VA benefits, claims, procedures, etc.:

Click here to go to the Veterans Benefits Forum

As always, no message board and no blog – including this one – can substitute for personal legal advice. It is always advisable to [...]

Another type of benefit to which some federal employees injured on the job are entitled is called a schedule award. Surprisingly, many employees that call our office to discuss their OWCP case are not familiar with, or have never heard of, a schedule award.

A schedule award is payment by OWCP for a permanent loss (or loss of use) of certain body parts. (OWCP calls the body parts “members”). Payment is made for a specified time period based [...]

Here’s a link to a video that shows that Benazir Bhutto was shot, not killed by a suicide bomber. The report shows the shooter, the shots, which you can clearly hear.

http://www.alternet.org/blogs/video/72350/

It also discusses the likely possibility of the Pakistani government’s involvement, given the potential cover-up and Musharraf’s denial of Bhutto’s earlier request to allow private British and American bodyguards to protect her.

I’m not sure why a government would want to perpetuate the idea that Bhutto was not killed [...]

When are you entitled to take Family and Medical Leave Act (FMLA) leave? That answer depends in large part on the particular Agency you work for. Many Agencies have internal rules and procedures implementing FMLA – while they differ slightly from Agency to Agency, they can never be more strict than the requirements that appear below.

Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled to a total of up to 12 workweeks [...]

This is the fifth post in a series: “Five Ways to Establish Service-Connection” for a disease, injury or other medical condition that is used as the basis of a veteran’s claim for VA benefits. You can read the first entry by clicking here. You can read the second entry by clicking here. You can read the third entry by clicking here. You can read the fourth entry by clicking here.

This post – indeed, any post on this website [...]

Continuation of Pay (COP) is a benefit available to federal employees who are injured on the job. This benefit amounts to payment, by the employing Agency, of the employee’s regular pay for up to 45 days while the employee seeks medical treatment. COP is only available to those employees that suffer a traumatic injury – not those that have an occupational disease.

If you believe you are entitled to COP, file form CA-1 within thirty (30) days [...]

In any EEO case, the Federal employee will be required to prove their claim of discrimination. Understanding what they must prove can often be difficult and confusing. Generally speaking, the Judge will follow the McDonnell-Douglas test in determining whether or not the claimant has met their burden of proof. This test is named for the famous US Supreme Court decision that laid out the test. McDonnell Douglas v. Green, 411 U.S. 792, 802 (1973)

The three parts of [...]