After reading a couple recent MSPB decisions, I thought it might be helpful to briefly address a less than well-known case in MSPB jurisprudence – the Bruner presumption. Bruner v. Office of Personnel Management, 996 F.2d 290 (Fed.Cir.1993).

When a Federal agency removes an employee for “medical inability to perform the essential functions of the job”, that employee is presumed to be eligible for disability retirement upon timely application to OPM.

Now, [...]

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 [...]

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 [...]

The short answer to that question is “generally, yes”.

Disability retirement is available to Federal Employees who become disabled in the course of their employment. The disability need not have occurred while at work.  Whether or not an employee is eligible for  disability retirement depends on which Retirement System the employee works under.

CSRS employees must be employed for a minimum of 5 years and be no longer able to effetcively perform at their current grade or pay level due to a [...]