Federal Disability Retirement: Medical Evidence

By Chris Attig | Permalink
August 22nd in Federal Disability Retirement, General Federal Employment Law Posts.

Often we see letters from OPM denying an employee’s request for disability retirement based on the fact that there is no evidence that the disability resulted in any performance, conduct or attendance deficiencies. Usually, OPM’s analysis stops there.

However, this is not the only element that OPM must consider. When there is no performance. conduct or attendance deficiency, the relevant question is whether the appellant’s medical condition is incompatible with either useful and efficient service [...]

MSPB: Administrative Error by Federal Agency in Catch-62 case (Military service credit deposit)

By Chris Attig | Permalink
August 15th in Catch 62 Appeals (Military Service Credit Deposit), Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

An  MSPB Administrative Judge reversed OPMs decision reducing a retiree’s benefits pursuant to Catch 62 provisions, by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

Click here to learn more about Catch-62 provisions and how it affects retirees under FERS and CSRS.

In this case, the [...]

EEOC: Attig Law Firm Client prevails in discrimination claim

By Chris Attig | Permalink
August 10th in Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline).

A client of the Attig Law Firm, PLLC, prevailed in her claims of discrimination against the United States Postal Service. Names of individuals involved and their locations will not be revealed at this time.

The client is a Rural Carrier Associate, and alleged that she was discriminated against on the basis of her race, age and sex, when the Agency issued a 14 day paper suspension, when she was denied the use of postal vehicles, when she was denied assistance [...]

Veterans Benefits: Attig Law Firm Successful in assisting U.S. Veteran

By Chris Attig | Permalink
August 2nd in VA Benefits.

The Attig Law Firm, PLLC, recently learned that it was successful in its
efforts to assist a U.S. Veteran in securing disability benefits for a
disability he incurred in the course of his military service.

Our client was a peace-time veteran of the U.S. Air Force. During his time
in the Air Force, he suffered substantial hearing loss. In 2005, nearly
three decades after his military service, the Veteran applied for disability
benefits for the loss in hearing caused by his military service. [...]

MSPB: OPM and Waiver of overpayment of retirement benefits.

By Chris Attig | Permalink
August 2nd in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Here is a question we have seen with increasing regularity over the past several months. A Federal employee/retiree has been receiving disability benefits through OPM, and for some reason or another, OPM determines that the employee/retiree has been overpaid benefits. OPM determines a repayment schedule that is onerous, and it some cases, unconscionable.

The question is this: can a Federal retiree seek waiver of an overpayment of benefits?

Generally, the answer is [...]