Steven E. Brown, a Professional Law Corporation » MSPB

Widow’s pension awarded by OPM during MSPB appeal

admin — Tue, 13 Jan 2009 00:57:57 +0000

The Office of Personnal Management reversed its position and awarded a survivor annuity to the former spouse of a deceased federal employee. OPM had twice denied the widow’s application for death benefits, before she sought legal advice from our office. Prior to the hearing, we filed briefs that convinced OPM to rescind its former decision and award the lifetime benefits to the widow. OPM then faxed us a letter on 12/05/08, just prior to the pre-hearing conference that day, telling us of their favorable decision.

MSPB ORDERS OPM TO GRANT DISABILITY RETIREMENT TO SENIOR BORDER PATROL AGENT

admin — Thu, 23 Oct 2008 18:04:02 +0000

The Merit Systems Protection Board has reversed the decision of an administrative judge who, after a hearing, sustained the denial of the disability retirement application of an 18 year veteran of the US Border Patrol. The employee was injured and subsequently put on administrative leave for the investigation of non-work related misconduct.

In denying the Agent’s initial application, OPM had stated that he had failed to show he was injured before he was placed on administrative leave. The Board ruled that the Office of Personnel Management (OPM) should have considered whether the injured worker became disabled at any period during his employment, up to and including the period of time that he was on administrative leave.

The employee had introduced uncontested medical evidence showing that he had several herniated discs. The Board found that the claimant had “presented an overwhelming body of consistent and competent medical evidence that corroborate[d] his subjective complaints, and [established] that his medical condition [was] incompatible with either useful and efficient service or retention in his former position” (Henderson v. OPM, Docket No. AT-844E-08-0071-I-1, August 4, 2008 at p.14).

The Board therefore directed OPM to approve the disability retirement application.

The full decision can be viewed here: decision-8-4-08

Merit Systems Protection Board

admin — Tue, 15 Jul 2008 16:55:05 +0000

The focus of this page is employment disputes such as wrongful termination, demotion, suspension etc.

In 1978 Congress under President Jimmy Carter reformed the old Civil Service laws, abolishing the former Civil Service Commission and doling out its roles to two new agencies, the Merit Systems Protection Board (MSPB) and the Office of Personnel Management (OPM).

MSPB is a quasi-judicial agency which determines disputes between federal civilian employees and the agencies they work for. OPM takes actions and makes decisions (some of which are appealable to MSPB) regarding personnel matters such as retirement, insurance, payrates, overpayments, re-employment rights, position descriptions, etc.

MSPB’s jurisdiction does not cover every dispute that an employee might have with the agency he or she works for. Its jurisdiction is limited primarily to actual or constructive adverse personnel actions (termination, suspension of more than 14 days, furlough for 30 days or less, reduction in grade and pay, RIF actions, etc.), denials of retirement applications, failure to re-employ, whistleblowing cases, and “mixed appeals” involving illegal discrimination in addition to another dispute over which the Board has jurisdiction.

OPM’s jurisdiction, so far as individual employees are concerned, primarily involves actions relating to disability and “regular” retirement applications, survivor benefits, and insurance claims.

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