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September 2009 - Without the need for discovery or a hearing, OPM reversed its decision denying our client disability retirement benefits. Our client had a medical condition arise during her Federal Civil Service, and as a result of the hospitalization and treatment of that condition, she was out of work for several months. Her employer fired her for being absent. She applied for disability retirement after her termination. OPM initially denied the claim, but after being provided with medical records and legal argument from the Attig Law Firm, OPM decided to reverse its decision and grant disability retirement. |
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March 2009 - A client of the Firm prevailed in her Constructive Suspension Appeal to the Merit Systems Protection Board (MSPB). The MSPB also issued a rare finding of disability discrimination. The Department of Homeland Security was found to have constructively suspended our client from February 2005 to the present when it placed her on LWOP, involuntarily. Because our client was ready, willing, and able to work in her position, and because the Agency discontinued an effective and reasonable accommodation to place our client in LWOP, the MSPB issued a decision finding that DHS committed disability discrimination when it constructively suspended our client. |
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March 2009 - After discovery before the MSPB, including third-party discovery on a separate government Agency, the Office of Personnel Management rescinded its reconsideration decision reducing our client's annuity for alleged failure to pay the military service credit deposit. Our client argued that the Agency's administrative error - specifically, providing him incorrect guidance about the impact of not making the military service credit deposit - caused him to not make the deposit prior to retiring. Our client will be given the opportunity to make his military service credit deposit and will receive an increased annuity for the rest of his life. |
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March 2009 - After an administrative hearing before the EEOC, an Administrative Judge issued notice of his intent to find that our client had been the victim of disability discrimination when he was not selected for a quasi-supervisory Work Leader position. The matter will likely be settled without the need for the Administrative Judge to issue a finding of discrimination. |
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February 2009 - The Firm secured a default judgment of discrimination from an EEOC Administrative Judge. The Department of Justice failed on multiple occasions to respond to multiple orders of the Administrative Judge. Due to this failure, the Administrative Judge found that the Agency discriminated against our client based on sex, and has issued an Order for a Compensatory Damages hearing. |
February 2009 - A client of the Attig Law Firm who had previously prevailed in her claims of discrimination against the United States Postal Service received a decision awarding her compensatory damages from the Agency. The client was awarded several thousand in actual damages (repayment of loans, loss of her vehicle, medical bills) and much more in compensatory damages and attorneys fees/expenses.
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February 2009 - The Firm secured an Order from the Court of Appeals for Veterans Claims on behalf of one of its clients in a Veterans Disability Benefits claim. After a Joint Motion to Remand was submitted by the Firm and the Department of Veterans Affairs, the Court remanded the claim for additional review by the VA and the BVA, finding (among other things), a Stegall violation, and a failure of the BVA hearings officer to adequately explain the reasons and bases for denying service connection to our client. |
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November 2008 - After initiation of discovery, and before any hearing, OPM reversed its decision denying our client disability retirement benefits. Our client had multiple disabling medical conditions which precluded her from performing useful and efficient government service. Our client was also collecting Social Security Disability benefits when OPM made its decision to grant our client disability retirement. |
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August 2008 - A client of the Attig Law Firm, PLLC, prevailed in her claims of discrimination against the United States Postal Service. Names of individuals involved and their locations will not be revealed at this time, as a Motion for Compensatory Damages and other Motions are still pending in this matter. Our client is a Rural Carrier Associate who alleged that she was discriminated against on the basis of her race, age and sex when the USPS issued a 14-day paper suspension, was denied the use of postal vehicles, denied assistance on her routes, denied prompt pay adjustments, and when she was required to submit medical documentation for certain brief absences. Congratulations to our client - she led the charge against a discriminatory Postmaster, and it has cost her dearly in terms of health, money and reputation. She has exhausted herself in her cause, and her victory is testament to the fortitude of character that so many victims of discrimination hold claim to. |
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June 2008 - After a couple hours of hearing before an Administrative Judge of the Merit Systems Protection Board (MSPB), a Federal Agency agreed to reinstate a client of Attig Law Firm, PLLC, with a substantial portion of back-pay, attorney's fees and other damages and remedies. Our client - a 20+ year veteran of the Federal Civil Service - was terminated because, essentially, he took sick leave to treat a medical condition. The Agency argued that he failed to follow procedures in requesting that sick leave - applying the Agency's annual leave policies, instead.
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May 2008 - After a full day of hearing, and 3 months of negotiations, the Attig Law Firm, PLLC, secured a very favorable settlement agreement from a Federal Government Agency in a case before the MSPB. For confidentiality purposes, the name of the Agency will not be disclosed. In this case, our client claimed she was coerced into accepting early retirement under a VERA/VSIP program while suffering from a mental incapacity that rendered her unable to make a well-informed decision to retire. The Agency claimed that the client was a poor performer who accepted the VERA/VSIP to avoid being fired for poor performance. After a full day of hearing before an MSPB Judge, the AGency agreed to settle the case. In general term, the Agency agreed to reinstate the employee, "unwind" the VERA/VSIP, paid a lump sum in damages to the Appellant, and allowed the employee to continue in a new position with the Agency outside her old chain of command without any interruption of her service computation date. This settlement took nearly 3 months to negotiate, due to the difficulty in unwinding a retirement action such as a VERA/VSIP, and is not be possible in every situation. |
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April 2008 - After mediation through the MSPB's Mediation Assistance Program, the Attig Law Firm, PLLC, negotiated a settlement agreement in a client's appeal of his placement on Indefinite Enforced Leave. After seeking medical treatment, our client was unable to return to his job due to licensure requirements. Pending restoration of his license, the Agency placed the employee on Indefinite Enforced Leave. The client claimed that the Agency was required to offer him limited/light duty instead of placing him on Indefinite Enforced Leave. The Agency claimed that there was no requirement to offer lower graded employees "busy work". After mediation, the Parties agreed to settle the case. In general terms, the Agency agreed to offer the employee a reasonable accommodation for his disability, canceled the indefinite enforced leave action, restored the employee to the active rolls, and paid a portion of the client's attorney fees. This type of remedy may not be possible in every case; what is possible in your case depends on the facts of and law applicable to your situation |
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February 2008 - After full discovery and prior to a hearing, the Attig Law Firm, PLLC, secured a very favorable settlement agreement from a Federal Government Agency in a case before the EEOC. For confidentiality purposes, the name of the Agency will not be disclosed. In the case, our client claimed discrimination based on a disability (physical condition related to mental health) when the Agency denied the client's requestto transfer, denied the client's request for reasonable accommodation for over 18 months, placed the client on a PIP,and increased monitoring of our client due to her medical condition. Most telling of the Agency's actions was that our client a disabled veteran, was given an increased impairment rating from the VA due to the harassment that occurred in the workplace. The increase was from 10% to 50%, a staggeringly high increase! The Attig Law Firm negotiated a settlement that included substantial compensation for non-pecuniary compensatory damages, payment of attorney fees and costs. These results may not be possible in every case; the type of relief that is possible in any other case depends solely on the facts and law applicable in that case.
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December 2007 - After a full day of hearing before the Merit Systems Protection Board (MSPB), the Attig Law Firm, secured a favorable settlement on behalf of its client. The client was an employee with the Department of Defense, and had been fired earlier in 2007. In firing her, the Agency charged her with AWOL, failure to follow leave procedures, and failure to follow instructions. Early in the proceedings, the Administrative Judge merged the charges into one charge of "Failure to follow leave procedures resulting in AWOL". Our client contended that the Agency's removal action was wrong because the Agency improperly denied her leave under the Family and Medical Leave Act (FMLA) and because the Agency's action was discriminatory (we are not disclosing the legal basis for the alleged discrimination to protect our client's privacy). After the Agency presented its case-in-chief, it was undeniably clear that the Agency could not sustain its burden of proof, and the case was settled within 3 business hours. Along with monetary compensation for the injuries the Agency caused her, our client was restored to the Agency rolls, the removal action was cancelled and expunged from her record, and the Agency agreed to assist her in locating a new job through the Agency's Military Spouse Preference Program. These results may not be possible in every case; the type of relief that is possible in any other case depends solely on the facts and law applicable in that case. |
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December 2007 - After an oral reply, the Attig Law Firm was able to persuade an Agency to mitigate our client's proposed removal to a 30 day suspension. For a variety of reasons, we will not disclose the Agency or the specific nature of the charges. The Appellant conceded that she had engaged in most of the conduct that the Agency alleged was misconduct. However, the client's contrition, her significant contributions to civil service over the past 2 decades, and a lot of support from her colleagues, friends and neighbors, persuaded the Deciding Official that our client still had quite a bit to contribute to Federal service, and chose not to remove her. |
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November 2007 - Without the need for a hearing, the Attig Law Firm was able to convince OPM to rescind its earlier decision reducing our client's retirement annuity. Our client was a veteran of the United States Armed Forces and the non-uniformed federal service (for a variety of reasons, we are not disclosing his Agency). Earlier this year, the Office of Personnel Management (OPM) reduced our client’s retirement annuity when he reached the age of 62, applying what Federal employees know as the "Catch 62" provisions. Because the client was never counseled on the requirements for and consequences of electing the deposit, we were able to persuade OPM to reverse its earlier decision and allow our client to make his military deposit. The favorable decision will increase our client’s retirement annuity approximately $5,000 per year for the rest of his life. |
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October 2007 - Without the need for a hearing, the Attig Law Firm was able to convince OPM to rescind its earlier decision reducing our client's retirement annuity. Our client was a 3-decade veteran of the United States Armed Forces and the non-uniformed federal service (for a variety of reasons, we are not disclosing his Agency). Earlier this year, the Office of Personnel Management (OPM) reduced our client’s retirement annuity when he reached the age of 62, applying what Federal employees know as the "Catch 62" provisions. The Firm's aggressive use of the Freedom of Information Act (FOIA) and other pre-discovery tools were instrumental in persuading OPM to rescind its decision without the need for a hearing. The favorable decision will increase our client’s retirement annuity approximately $10,000 per year for the rest of his life. |
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August 2007 - After a one-day hearing before the Merit Systems Protection Board (MSPB), the Attig Law Firm won a complete exoneration for a supervisor who had been suspended for 30 days. The employee had been charged with supervisory misconduct, including failure to follow instructions, conduct unbecoming a supervisory, and lack of candor. Mr. Attig said, "While a sub-standard investigation by a third party investigator contributed to the decision, it helped that the employee was completely innocent of the charges against him. The truth always comes out in the end." Because the Agency did not sustain a single count of misconduct, the Douglas factors were not reviewed, and the MSPB has ordered the suspension cancelled. |
April 2007 - After an oral reply by Chris Attig, Attorney, a disciplinary suspension for a client (a 20-year Federal employee in California) was mitigated to a written reprimand. Because the matter was a suspension less than 14 days, the case was not appealable to the MSPB. Mr. Attig said, "The Deciding Official in this case had the open-mindedness and compassion to recognize that this particular employee, with over 20 years of exemplary federal service, had just hit a rough patch in her personal life.
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