Attig Law Firm P.L.L.C

Last summer, we posted a survey of Initial Decisions of the Merit Systems Protection Board (MSPB) over a 30-day period.  You can read that post by clicking here.

That survey, though not entirely scientific, revealed that out of 52 non-retirement actions before the Board, the  employee  only prevailed (won after hearing) 2% of the time.   That ratio is consistent with the trend before the Board over the past several years.

Given the unlikely odds of prevailing before the MSPB, in most cases, settlement is the best option for the employee-appellant.   A settlement can offer the employee to accomplish  things that they couldn’t accomplish in hearing.  For example, in one recent settlement entered by one of our clients, an Agency agreed to pay the costs of depositions taken by the Appellant.  Even if our client won on appeal, they would not have been reimbursed these costs because the MSPB has held that deposition costs are non-compensable in an attorney-fee petition.

In another example, an Agency agreed to give a positive letter of reference to an appellant as part of a much broader settlement package.  Even if the employee won on appeal, no MSPB judge can order an Agency to give an employee or former employee a positive letter of reference.  Having a positive letter of reference from a government supervisor, as opposed to a performance-removal  on his record, helped this particular employee immensely in his search for a new (and better) job.

Because of the many possibilities for settlement before the MSPB, and because of the many dangers and risks associated with settling your MSPB Appeal, Mr. Attig intends to publish and sell a handbook on MSPB Settlements in the Fall/Winter of 2008.   The Handbook will include a discussion of many of the most common settlement terms, tips for how to negotiate a settlement agreement, and samples/drafts of settlement agreements.

If you are interested in receiving an email or letter announcing the publication of the MSPB Settlement Handbook, please send an email to the Attig Law Firm, PLLC.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals  to discuss the facts and law of your particular case. If you have questions about the settlement in your MSPB appeal, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.

Another Attig Law Firm client beat Catch-62!  Earlier this month, the Office of Personnel Management (OPM) withdrew its decision reducing our client’s civil service annuity. OPM had previously reduced the annuity because the client allegedly failed to make the military service credit deposit prior to his retirement.  

 Our client retired as a federal employee and began collecting a civil service annuity in the early 1990’s. When he reached age 62 years of age, OPM reduced his annuity pursuant to provisions known in civil service circles as the “Catch 62 provisions”.

 “Catch 62 provisions” allow certain federal employees with post-1956 military service to buy their military service into their civil service annuity. Employees who do this before retirement receive a larger monthly annuity throughout their entire retirement. Employees who do not make this deposit before retirement will have their annuity reduced at age 62.

After OPM reduced his annuity, our client retained the Attig Law Firm, PLLC. The Firm filed an appeal with the Merit Systems Protection Board (MSPB).

 The MSPB is an independent, bipartisan, Federal Executive Agency that reviews actions of OPM to assess how those actions affect the Merit Systems of Federal employees and retirees. OPM is a Federal Executive Agency tasked with, among other things, administering benefits of Federal civil servants and their survivors.

 In discovery before the MSPB, the Firm learned that our client was retired using retirement papers from as early as 1982. Since these forms were printed before the passage of the Catch 62 provisions, it was not possible that he was properly advised about the military service deposit. Based on these facts, attorney Chris Attig persuaded OPM to withdraw its decision reducing our client’s annuity. Our client now receives a much larger monthly annuity payment.

 Had this case proceeded to hearing, I feel confident that the Administrative Judge would have found administrative error.  Many times, the Administrative Judges rely on the employee’s use of standardized retirement forms to show that the employee was fully informed about the Catch-62 provisions and the consequences of failing to making the military service credit deposit.   (Read one example by clicking here). In this case, the forms used to “advise” the employee about the Catch-62 provisions were printed before the Catch-62 provisions became law.

What’s disturbing is that our client retired in the early 1990’s.  It took about 15 years for the Agency’s administrative error to catch up with the retiree.  

The Attig Law Firm, PLLC, is a Dallas, Texas, law firm that provides nationwide legal representation for Federal Employees, annuitants, and the Survivors of annuitants before the MSPB. 

No post n this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about Catch-62 issues, or OPM’s reduction of your retirement annuity at age 62, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.