The subject of today’s post is whether obesity, or morbid obesity, might qualify you for FERS or CSRS Disability retirement through OPM.

Obesity is a well-recognized medical condition.  Unfortunately, too many  MSPB judges view this condition as one that is the “fault” of the person with obesity.   Medical experts have identified hundreds of medical conditions, or physical or genetic factors, which can cause obesity, including: reduced metabolic rates, pituitary gland disease, pituitary gland tumors, underactive thyroid, Prader-Willi syndrome, Stein-Leventhal syndrome, Frohlich [...]

The new Full MSPB has released what appears to be a first step towards improving the protections for Federal employees who are whistleblowers.

In a recent decision, the  MSPB clarified what constitutes a personnel action in an Individual Right of Action (IRA) Appeal.  Weed v. Social Security Administration, 2010 MSPB 23 (January 28, 2010).

In that case, an applicant for Federal Employment complained that an Agency decided not to select him for a postion in reprisal for disclosures he had made in 2006 [...]

OPM is proposing changes in the rules regarding maintenance of personnel files, known as Official Personnel Folders (or, OPF), for former federal employees.  Under the proposed rule change, OPM wants the OPF’s to be solely under the employing agency’s control until the worker leaves the government. Then OPM would be responsible for maintenance.  OPM also wants to change the rules to require the employing agency to be charged for requests for copies of former federal employee OPFs.

You can read more [...]

Federal Times.com is reporting that just a few hours ago, the Senate Homeland Security and Governmental Affairs Committee has passed the Domestic Partnership Benefits and Obligations Act of 2009.

Generally speaking, the Act would allow federal employees in same-sex partnerships the same employment benefits as married co-workers. The benefits would include: health care, retirement and disability plans, family, medical and emergency leave, group life insurance, long-term care insurance and access to worker’s comp.

The Bill is not law, and must [...]

According to OPM, the President has issued an Executive order excusing executive branch non-Postal Service employees from duty for the last half of the scheduled workday on Christmas Eve, Thursday, December 24, 2009, with pay and without a charge to leave, except those who, in the judgment of the head of the agency, cannot be excused for reasons of national security, defense, or other essential public need.

Click here to read the full text of the OPM letter, including leave and other [...]

One key element to federal government disability retirement under  FERS or CSRS is that the accommodation of the federal employee’s disabling medical condition must be unreasonable.

Many times, an Agency (there are some that do this more than others) will modify the employee’s position or duties in such a way that it is not truly accommodating the employee.  This could take the form of Light Duty, Limited Duty, a modified or make-shift position, etc.  This is not truly an accommodation. An accommodation, [...]

Many individuals that are currently receiving OWCP wage loss compensation and/or a schedule award ask us whether they can simultaneously receive disability compensation from  OWCP and federal  disability retirement from OPM at the same time.

You cannot receive wage loss compensation from  OWCP and federal  disability retirement payments from  OPM at the same time.  Deciding which benefit to choose is a decision that is meant for another post, and involves considerations of whether or not you will be able to return to [...]

If you suffer from work-related stress, can you claim disability retirement from OPM?

The Merit Systems Protection Board (MSPB) has repeatedly held that  job-related stress resulting in physical or mental ailments that prevent an employee from performing the duties required in a position can warrant the granting of disability retirement.  In fact, the cause of a medical condition is not relevant in the determination of whether an employee is eligible for disability retirement.  In a 2001 case, the  MSPB rejected the notion that the appellant was ineligible for [...]

Can a Federal Employee apply for disability retirement through OPM if they miss the 1-year deadline? There are situations where an untimely application might still be considered.

One such scenario where a former federal employee’s late application for disability retirement to OPM might be considered is when the federal employee has been mentally incompetent.

Generally, an application for disability retirement under FERS must be filed with an employee’s employing agency before the employee separates from service or with the former employing agency or [...]

When a Federal employee is removed for failing to maintain a security clearance, the  MSPB may only review that decision to determine whether the Agency met its burden of proof that:

1) the employee’s position required a security clearance;

(2) the employee’s security clearance was denied or revoked;

(3) transfer to a non-sensitive position was not feasible; and

(4) the agency followed the procedural requirements of 5 U.S.C. § 7513 in processing the removal action

In a recent case decided by the MSPB, the full Board applied the Egan [...]