FERS Disability Attorney’s Updates
March 1, 2022
The Senate has finally confirmed two members for the MSPB, thereby allowing for a quorum to exist. While the nominee for the Chair is still awaiting Senate confirmation, since a quorum now exists without the Chair, the MSPB can now proceed. As many have already noted, the two members must now begin the daunting task of deciding upon a 5+ year backlog of almost 4,000 cases. The non-existence of a 3-Judge Panel at the MSPB has been an untenable position impacting thousands of Federal and Postal employees for too long. Whether a Petition for Review filed by the U.S. Office of Personnel Management or by the Appellant, any such appeal-by-Petition for Review simply sat in limbo for years and years. Now, with a quorum in place, waiting for the ultimate outcome may be over sooner than later. For all disability retirement cases, when OPM loses at the MSPB Stage, there are some unnamed OPM representatives who — upon losing the decision where the Administrative Judge reverses an OPM denial of a Federal Disability Retirement claim — systematically filed a Petition for Review, knowing that it would simply sit there in limbo. The non-existent 3-Judge Panel, as such, had become the Purgatory of Federal Disability Retirement Law, forever in a state of inactivity, eternally a dark hole where the star which vanished imploded into nothingness. That, fortunately, has now changed.
An article related to the MSPB update: A Disconnect Between the Legal and the Medical
Another recommended reading: The Federal Disability Retirement Process
June 17, 2020
The Federal Government is operational; the U.S. Office of Personnel Management continues to make decisions on Federal Disability Retirement cases, whether at the initial level of determination or at the Reconsideration Stage. Further, because Federal Disability Retirement hearings at the U.S. Merit Systems Protection Board have always been conducted by telephone, there has been minimal interruption in Federal Disability Retirement appeals which have been filed with the MSPB. Covid-19 has had a devastating impact upon the United States in so many ways — of the human toll; the death toll; the economic devastation; the strain upon the hospitals; and the fear, isolation and destruction upon the lives of so many. Fortunately, the employment sector least impacted has been Federal employees, except in terms of exposure and co-morbidities. If Covid-19 has been a deciding factor in needing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, contact and consult with an attorney who specializes in Federal Disability Retirement.
Another related article: The Covid-19 Nexus in a Federal Employee Disability Retirement Claim