Attig Law Firm P.L.L.C.

April 2011: The Attig Law Firm helped 3 clients succeed in their application for survivor benefits to  the Office of Personnel Management (OPM). After an appeal and hearing before the Merit Systems Protection Board (MSPB), an Administrative Judge of the MSPB reversed OPMs denial of a survivor benefit and ordered OPM to pay the benefit to our clients.

Our clients were the children of a Federal annnuitant/retiree, who passed away shortly after his retirement.   The surviving children filed a claim for certain survivor benefits, which OPM promptly denied.  OPM claimed that the survivors were not eligible for the benefit as the deceased retiree had not filed a "Change in Designation of Beneficiary" prior to his retirement from his employing Agency.

Discovery and a hearing before the MSPB determined that OPM was incorrect - not only did the deceased retiree file a Change in Designation of Beneficiary prior to his retirement, but OPM also had - at the time of its decision denying the benefit - this form in its custody and control.

The clients have applied to the MSPB to order OPM to reimburse the  attorney fees and costs which they paid and incurred in the course of reversing OPM's erroneous decision.