Federal Employee Disability Retirement Law

Category: Examples of Case Laws Applicable to Disability Retirement for Federal Employees

Case Law: The Bruner Presumption

The Bruner Presumption Legal Analysis of Non-Statutory Laws This is an important concept and one which all disability retirement applicants should be aware of. It is well-established law that an employee’s removal for his or her physical inability to perform the essential functions of his job or position, constitutes prima facie evidence that he is entitled to disability retirement as a matter of law, and that the burden of production then shifts to OPM to produce evidence sufficient to support a finding that the applicant is not entitled to disability retirement benefits. See Bruner v. Office of Personnel Management, 996 F.2d 290,

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Case Law: Approval of Disability by the Social Security Administration

Approval of Disability by the Social Security Administration Legal Analysis of Non-Statutory Laws Approval of Disability by the Social Security Administration: In Trevan v. Office of Personnel Management, 69 F.3d 520, 526-27 (Fed. Cir. 1995), the Federal Circuit Court found that in making a determination of eligibility for disability retirement under FERS, the Board must consider an award of SSA disability benefits together with medical evidence provided by the appellant to OPM, and other evidence of disability. This is because the Federal Circuit Court wanted a consistency of determinations concerning disabilities, by all governmental agencies and departments. Social Security obviously has a stricter

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Case Law: The Bracey Decision

The Bracey Decision Legal Analysis of Non-Statutory Laws 5 C.F.R. Sec. 831.1203 (a)(4), states that in order for a person to be qualified for disability retirement, the “employing agency must be unable to accommodate the disabling medical condition in the position held or in an existing vacant position.” This definition was further clarified in the case of Bracey v. Office of Personnel Management, 236 F.3d 1336 (Fed. Cir. 2001), where the Court therein stated that an agency cannot stop a disability retirement application “by assigning an injured employee to an ad hoc set of light duties as long as it continues to pay

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