I recently had a chance to read through a copy of a guidebook written by Michael Snider and Morris Fischer.

The book is entitled “Fight for your Rights: A Federal Employee’s Guide to the EEO Process”, and is available for $35 at: http://www.sniderlaw.com/pages/book.html

As any federal employee who has gone through the administrative EEO process knows, proving a discrimination claim against the Federal government can be a daunting task. There are some really great legal tools out there to help work [...]

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss Step 5: Appeal.

You’ve shown that you are eligible for disability retirement, your disease/injury is preventing you from providing useful and efficient service, and the Agency is unable to reassign or accommodate you. What next?

Contact your Agency Human Resources or Labor Relations specialist, or contact  OPM to get the proper forms to file [...]

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss Step 4: Reassignment.

Before counseling an employee to seek  disability retirement or supporting an employee’s application for disability retirement, an Agency must make every reasonable attempt to accommodate the employee.

To do this, the Agency should review all vacant positions under in the Agency, at the same grade and pay, in the commuting [...]

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal

This post will discuss Step 3: Continuity.

We touched on this step in an earlier post. In order to qualify for benefits, you must have an injury or disease that is likely to continue for one (1) year from its onset. The primary rationale for this element is to ensure that employees applying for [...]

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss the second step: Disability.

If you were asked to define disability, you might say that it is a medical condition that prevents a person from doing something other people do with relative ease. That’s a good starting point. Problem is that the law, in its infinite wisdom, has dozens of different [...]

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss the first step: Eligibility.  Most employees have little difficulty meeting the Eligibility requirements for disability retirement under FERS/CSRS. There are two big ones:

1) 18 months of federal civilian service (FERS) or 5 years under CSRS , and,

2) while in a position subject toFERS/CSRS.

To determine if you are in a position covered by FERS, you [...]

Click here for this link to PostalReporter.Com

We were told about the site by a Friend of the Firm. Though the site is dedicated primarily to postal workers, it has some really good case summaries – in 10 minutes of reading, I flagged a couple cases that I hadn’t yet heard about.

Here’s the link if you prefer to cut and paste:
http://www.postalreporter.com/legal_briefs_archives.htm

Continuing in this thread on “10 Ways to Lose an MSPB Appeal”, I will talk a little about themes. I think this particular tip “having a theme to your case” will help you more than not having a theme will hurt you.

Think about it. The MSPB hears thousands of cases each year. Each administrative judge probably handles hundreds of cases, and dozens go to hearing for each judge. After [...]

The seventh of “10 Ways to Lose an MSPB Appeal” is to fail to timely submit relevant documents prior to the hearing.

When you receive the Acknowledgment Order and/or Scheduling Order from the Judge, usually within 14-30 days of filing your appeal, there will be a section in either or both of those Orders directing you to produce “Pre-Hearing Submissions” to the Administrative Judge. Typically, Judges require this document 3-10 days before the Pre-Hearing conference, but read your Acknowledgment and [...]

To be eligible for a disability retirement annuity under  FERS or  CSRS, you must be able to show that:

1) Eligibility. You completed at least 18 months of creditable service in a position subject to FERS, or five years of creditable service in a position under the CSRS,>

2) Disability.You became disabled because of a medical condition, resulting in a service deficiency in performance, conduct, or attendance (if there is no such actual service deficiency, the disabling medical condition is incompatible with either useful and efficient service or retention [...]