In an earlier post, I suggested that the best way to be sure you are comfortable working with an attorney is to talk to as many as you can about your case. In doing this, it will be helpful to understand how attorneys charge fees.

1) Consultation Fee: This is a fee that most Firms charge to determine, initially, if your case is one that the Firm is interested in. Some firms do not charge consultation fees, some firms [...]

You receive the letter from OPM, open it, and find that OPM denied your application for disability retirement benefits under FERS/CSRS. Chances are, you’ll read the letter over and over, and the more you read it, the less sense it will make. What do you do?

At this point, your choices depend on what stage of the application you are at. If this is the first indication you have received that OPM [...]

I have done some research on recent MSPB Initial Decisions in Catch 62 appeals, and wanted to publish some statistics for you. Over the coming weeks, more statistics will be published.

Today’s statistic breaks down how the various MSPB offices are deciding Catch 62 cases. The statistic below shows the percentage of Catch 62 appeals, for each office of the  MSPB, between July 1, 2008, and October 17, 2008, in which [...]

Earlier, I posted about the process to seek waiver (or reduction of repayment schedule) of an overpayment of retirement benefits.

To give you an idea how this works in reality, I thought I’d break down a recent MSPB Initial Decision (San Francisco Regional Office, October 2008).

In that case, the Appellant received an overpayment of retirement benefits. She had applied, and was granted, disability retirement from OPM in 2004. It took until 2007 for her to receive [...]

How much will my disability retirement annuity be?

Generally speaking, your FERS disability retirement annuity will be 60% of your high-3 average salary minus 100% of your Social security benefit for the first 12 months. After 12 months, the FERS disability retirement annuity is reduced to 40% of your high-3 average salary minus 60% of your Social Security benefit. Please see the OPM Website for a chart that explains when this general computation [...]

Often times, Agencies persuade employees to settle their removal appeal by agreeing to alter the removal grounds so that the employee is removed for medical inability to perform the functions of their job.

Read more about this by clicking here.

In other situations, federal employees are advised that such a removal is almost a guaranteed basis for securing disability retirement. Generally, it is true that a Federal employee who [...]

Another MSPB Administrative Judge reversed OPM’s decision reducing a retiree’s benefits by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

In this case, the employee retired from the U.S. Department of the Navy in 2000. He filled out the standardized retirement forms, with the language that OPM and [...]

Often we see letters from OPM denying an employee’s request for disability retirement based on the fact that there is no evidence that the disability resulted in any performance, conduct or attendance deficiencies. Usually, OPM’s analysis stops there.

However, this is not the only element that OPM must consider. When there is no performance. conduct or attendance deficiency, the relevant question is whether the appellant’s medical condition is incompatible with either useful and efficient service [...]

An  MSPB Administrative Judge reversed OPMs decision reducing a retiree’s benefits pursuant to Catch 62 provisions, by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

Click here to learn more about Catch-62 provisions and how it affects retirees under FERS and CSRS.

In this case, the [...]

On June 20, 2008, the full MSPB issued a decision that helped to clarify the rights of retired civilian federal employees under what are commonly referred to as “Catch 62” provisions. Click here to read the decision in its entirety.

Civilian employees of the federal government who have served in the military may, by making a pre-retirement deposit, buy their post-1956 military service into their federal retirement annuity. By paying a percentage of their military earnings to their employing [...]