A recent   MSPB decision issued by the full board issued earlier this week has significant ramifications for some federal employees and postal workers who have been denied  federal disability retirement and who are currently appealing that decision to the  MSPB .

To explain the significance of the decision, a little background is necessary.  We have often mentioned in this blog and in our website, that  OPM may withdraw its decision denying  federal disability retirement while a matter is pending before [...]

A recent decision of the Merit Systems Protection Board (MSPB) reinforced a 2009 ruling that a Federal employee’s allegations are adequate to justify a hearing when she alleges she was forced to resign because the agency refused to accommodate her disability by allowing her to telecommute.

Generally, a federal employee’s resignation is voluntary. However, a Federal employee appealing to the  MSPB can allege that a resignation (or retirement) was involuntary. There are many basis for asserting involuntariness (misrepresentation, [...]

When  OPM denies the federal employee or postal worker application for federal disability retirement, the applicant has the opportunity to appeal to the Merit Systems Protection Board (MSPB).  Often, during the course of an  MSPB appeal,  OPM will withdraw its denial of disability retirement and tell the  MSPB it will grant the federal employee the benefit.  When this happens, the  MSPB appeal is mooted, and the  MSPB Administrative Judge dismisses the appeal.  Typically, within 2-4 weeks of that dismissal becoming [...]

Unfortunately, the short answer here is “not many places”.

Let’s say you are a USPS employee or other federal employee and choose not to retain an attorney to assist you with your application for federal disability retirement.  Where you can you research  MSPB and/or  OPM Decisions on  federal disability retirement issues.

I know of no places where  OPM Decisions on  federal disability retirement are published.  This is, primarily, because such applications and decisions are a matter of individual privacy.

There are several places, [...]

It often happens that Federal employees and postal workers applying for federal disability retirement will mention only their most severe condition to OPM in the application process.

While the condition that forms the basis of a Federal employees application for federal disability retirement may be the most severe, and may in its own right support federal disability retirement benefits, it is always better to provide to OPM, in the application process, evidence of any medical condition which affects the federal employee or postal workers [...]

Often times, when a postal worker or federal employee is denied disability retirement by  OPM, I am if they can refile their application for federal disability retirement.

This question is answered differently based on two different scenarios.

First, you can always file a second application for  federal disability retirement (within the appropriate time limits, of course) if the condition you are claiming on the second application is different from the first application.   For example, let’s say that in her first application for [...]

The point cannot be stressed enough – do not miss your deadlines in a federal disability retirement application or appeal.   The major deadlines are:

1) Terminated or otherwise separated federal employees must apply for  disability retirement within one year of separation

2) If you are denied federal  disability retirement by  OPM, you must request reconsideration from  OPM within thirty (3o) days of the denial.

3) If  OPM denies reconsideration of your application for federal disability retirement, you have thirty (30) days to file [...]

One of the parts of the Federal  disability retirement package submitted to OPM and your Agency is SF-3112C, called the “Physician’s Statement”.  In all actuality, this is a deceptive name to the form, as what you are doing by signing this form in Block 5 is giving full access to your medical records not only to  OPM but to your employing agency.  We won’t use this form for many reasons, a few of which are listed here.

1. It is not HIPAA [...]

ABC News is broadcasting video tonight of an FAA seminar in Atlanta.  Federal whistleblowers have reported that the FAA may have spent $5 million dollars to bring 3,600 managers to a conference in Atlanta that critics are saying was nothing more than a 3-week long Christmas party.  In response the FAA said that it was not a party but essential training sessions for the managers to learn.  The video footage of this party looks like no [...]

Beginning December 23, 2009, the Attig Law Firm will charge the following fees for  disability retirement applications and MSPB appeals:

1) Consultation Fee. We will only charge a consultation fee for Federal disability retirement applicants who have had their claim denied and are seeking representation before the  MSPB.  If you are looking for legal help in filing your first application for Federal disability retirement, you will be charged no consultation fee.

2) Fees for Initial Applications for Federal disability retirement. After providing [...]