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2017

Blog Posts in 2017

  • Need An Attorney?

    The Best Time to Reach Out to a Federal Employee Attorney/Lawyer Many times, I am approached by federal employees with legal issues with the question of when is the best time to approach a federal employee attorney to request legal representation. In response to this question I have decided to start a series of legal blogs that address this issue for numerous areas of federal employee law ...
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  • 6 Common Reasons Social Security Disability Claims Are Denied

    Each year, millions of people apply for disability, but roughly two thirds of those applicants are initially denied. If you have attempted to apply, or plan to apply, for social security disability, discover why so many are turned down, and what you might be able to do to see your claim approved. Claims may be denied for any number of reasons, but there are a few common themes found in the claims ...
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  • What is the Adverse Action Process?

    Creditors and potential employers must follow certain rules if they deny someone based on their credit, consumer or criminal history. This process, called diverse action, legally requires employers to notify the applicant when they have been denied a position or promotion based on their background check. In many situations adverse action is unlawful, though there are other instances where criminal ...
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  • Knowing Your Rights in a Retaliation Case

    Have you been experiencing a hostile work environment and aren’t exactly sure if you have a case? Do you have concrete proof that your employer is retaliating against you for speaking up about discrimination or harassment? Both of these situations are actually more common than you may believe—that’s why our experienced and knowledgeable lawyers at Pines Federal strive to fight for your rights when ...
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  • Knowing Your Rights When Filing a Discrimination Suit

    Federal law protects most employees in the United States from discrimination. The Equal Employment Opportunity Commission (EEOC) was created to enforce civil rights laws against workplace discrimination. However, before you begin a workplace discrimination suit, there are a few things you need to do first. While you do have the right to file a lawsuit, it will help your case to first resolve the ...
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  • What to Look for in a Federal Employment Lawyer

    Federal law can be particularly complicated, which is why finding an excellent federal employment lawyer is key to winning a successful case. The following clues are a few things to look for when deciding on a good attorney. Primary Focus The marker for any great lawyer is specialization. Federal employment lawyers are no different. When looking for a lawyer, target the ones whose primary ...
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  • Pretext Part 4: Treating Some Employees Differently Than Others

    In our previous pretext posts The Real Reason For An Adverse Action , Shifting Explanations and Unbelievable Stories ,and Irregular Process and Agency Reasons That Don't Add Up we talked about pretext and outlined some common types of evidence a federal employee attorney can use to show an agency’s stated reason for an adverse action are a pretext. Today, we will examine an example of a federal ...
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  • Pretext Part 3: Irregular Process and Agency Reasons That Don't Add Up

    In our previous posts The Real Reason For An Adverse Action , and Shifting Explanations and Unbelievable Stories , we discussed four ways a federal employee’s attorney can show an agency has given a false pretext for discrimination, and talked about two forms of evidence: Shifting explanations and lack of credibility in the agency’s reasons for its adverse action. Today, we will discuss a second ...
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  • Pretext Part 2: Shifting Explanations and Unbelievable Stories

    In our previous post The Real Reason For An Adverse Action , we briefly discussed the most common ways a federal employee’s attorney can show an that an adverse agency action was based on discrimination, even though the agency offered another reason as cover for the action. In this post, we will look at a 2009 EEOC case where two U.S. Postal Service workers were able to prove the agency ...
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  • Pretext Part 1: The Real Reason For An Adverse Action

    We virtually never see cases where an agency acts against a federal employee for an openly discriminatory reason. Supervisors, after all, are smart enough not to write “I didn’t give Suzy a WGI because she refused to go on a date with me” on a performance review. Instead, when supervisors or managers have it in for an employee, they come up with plausible sounding reasons – “pretexts” – for an ...
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  • How Important Is The Doctor's Letter For OPM Disability Retirement When I Have A Mental Disability?

    Individuals with mental disabilities, such as Anxiety, Depressive Disorder, or Post-Traumatic Stress Disorder, rarely come along with a medical file of irrefutable diagnostic evidence of the existence of said conditions. There are no X-rays or laboratory tests that will provide black-and-white proof of these diagnoses, leaving the burden of the decision up to the treating physician. When faced ...
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  • How Does Veterans Disability Interact with OPM Disability Retirement?

    There are numerous Federal programs which, collectively, can offer generous benefits to eligible individuals, and all that is required to flesh out the maximum benefit is sufficient understanding to distinguish between each one. The above title represents a common Federal program interplay concern among disabled vets who have either established a service-connected disability and are receiving ...
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