MSPB: Can an Agency remove me for medical inability to do my job?

By Chris Attig | Permalink
September 9th in Federal Disability Retirement, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

MSPB Attorney Chris Attig discusses what a Federal Agency must prove to remove an employee for medical inability to perform the functions of a job.

MSPB: Indefinite Suspensions and MSPB Appeal rights

By Chris Attig | Permalink
September 6th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

MSPB Attorney at the Attig Law Firm describes the three situations where a Federal Employee might be suspended indefinitely.

MSPB: Federal Employee’s removal mitigated to 30-day suspension

By Chris Attig | Permalink
August 20th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

MSPB Attorney at the Attig Law Firm provides a brief analysis of an MSPB Decision, Suggs v. Dept. of Veterans’ Affairs. That case deals with mitigation of the penalty of removal for disrespectful conduct to a 30-day suspension.

Federal Employee Disability Retirement: What is the impact of a Veteran’s VA Disability Rating on a FERS/CSRS application for disability retirement?

By Chris Attig | Permalink
March 24th in Federal Disability Retirement, Federal Employee News, VA Benefits.

Attorney Chris Attig, an attorney handling Federal Disability Retirement applications and VA Disability Compensation, reports on a recent MSPB Decision that may give some Veterans who were denied Federal Employee Disability Retirement an opportunity to reopen their appeal.

Federal and Postal Employee Disability Retirement: Can the MSPB order OPM to reimburse my attorney fees?

By Chris Attig | Permalink
March 16th in Federal Disability Retirement, MSPB - Adverse Action Appeals (Performance and Discipline).

Federal and Postal Disability Retirement attorney Chris Attig explains when and how an applicant for disability retirement can recover his or her attorney fees from OPM.

Federal Disability Retirement: Mental Health Conditions and late-filed Disability Retirement Applications

By Chris Attig | Permalink
March 13th in Federal Disability Retirement.

Chris Attig, an MSPB and Federal Disability Retirement attorney with the Attig Law Firm, explains what evidence is needed to prove mental incompetence was the reason for a late-filed application for Federal Disability Retirement.

Federal Disability Retirement: What happens when your medical condition prevents you from timely filing an MSPB appeal for disability retirement?

By Chris Attig | Permalink
March 11th in Disability Discrimination, Federal Disability Retirement.

The Federal employee or postal worker applying for  FERS or CSRS federal disability retirement has thirty (30) days from receipt of the  OPM reconsideration to file an  MSPB appeal challenging  OPM’s denial of  federal disability retirement Benefits.

Often, the federal employee or postal worker who cannot or has not hired an attorney runs the risk of missing this deadline if their medical condition worsens and hospitalizes them.  Now, the  MSPB loves it deadlines, and will find any missed deadline as good enough reason [...]

Federal Disability Retirement: Can absence, alone, be enough to qualify a Postal or Federal Employee for CSRS or FERS disability Retirement through OPM?

By Chris Attig | Permalink
March 9th in Disability Discrimination, Federal Disability Retirement, MSPB Appeals.

Can absence, alone, be enough to qualify a Postal or Federal Employee for  FERS or CSRS disability retirement through OPM?

Generally, no.  In many situations, a Postal worker or Federal employee’s medical condition is so severe that they cannot even attempt the attendance required of them.  In this cases, the employee’s absence from work due to a medical condition will be a factor in deciding whether the federal disability retirement applicant is eligible for  disability retirement benefits. However, there will usually need to [...]

Federal Disability Retirement: How does a Postal or Federal Employee meet their burden of proof at the MSPB?

By Chris Attig | Permalink
March 6th in Federal Disability Retirement.

Assuming that a postal worker or federal employee meets all the basic eligibility  requirements for FERS or CSRS federal disability retirement, they will have to persuade the  MSPB Administrative Judge  that their medical condition renders them unable to provide useful and efficient government service.

How exactly do you persuade the  MSPB of this?  There are five (5) ways a USPS or Federal employee can use evidence to persuade the  MSPB Administrative Judge that his or her medical condition is sufficiently disabling [...]

Federal Disability Retirement: Do I need to hire an attorney for my disability retirement application?

By Chris Attig | Permalink
March 5th in Federal Disability Retirement, Federal Employee News, MSPB Appeals.

By far, the most common question that applicants for  FERS or CSRS disability retirement ask the  Attig Law Firm is whether and when a federal employee or postal worker should hire an attorney.  There is no easy answer to this question.  No case or situation is the same, so there is no way that any attorney can give you a “standard” answer to this question.  Here is the general guidance that we give to postal workers or federal employees who [...]

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