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Blog Posts in August, 2007

  • MSPB: 3 Major Orders from your MSPB Judge

    Over the next couple days, I want to briefly discuss the 3 major orders you will receive from your Judge in an MSPB Hearing. They are: 1) the Acknowledgment Order; 2) the Scheduling Order; and, 3) the Pre-Hearing Summary. There are a few other orders, but I will only talk about the big ones right now. 1) Acknowledgment Order -You will receive this order within 3-14 days after filing your MSPB ...
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  • MSPB: What does it mean for the MSPB to lack jurisdiction over your appeal?

    Even after you appeal to the Merit Systems Protection Board (MSPB), your case may be dismissed for “lack of jurisdiction”. This simply means that the MSPB does not have the authority to hear your appeal. Here are some examples of situations where the MSPB lacks jurisdiction: The MSPB does not have jurisdiction over employees whose positions have been specifically excluded. You can see a list of 12 ...
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  • OPM Retirement and Powers of Attorney

    If either of these cases sounds like you, please contact the Law Office of Eric L. Pines, PLLC : 1) On behalf of a spouse who was a federal employee, you utilized your Power of Attorney, Durable Power of Attorney or Statutory Power of Attorney to elect your spouse’s right to an Alternative Form of Annuity (AFA). 2) On behalf of a spouse who was a federal employee, you utilized your Power of ...
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  • Telecommuting for Federal Employees: An idea whose time is here.

    This Washington Post article highlights another potential change in the federal workforce. This proposed change would require more federal managers to allow their employees to work from home. This is going to be a tough sell to an entire generation of managers. Back in the day when I was a government attorney, I suggested the idea that we E-file our appeals to the Merit Systems Protection Board ( ...
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  • Congress looking at more Family Friendly workplace.

    This Washington Post article details some recent efforts in Congress to enhance leave options for Federal Employees who have a child, adopt a child or who have health conditions requiring treatment. I encourage you to write to your Congressional representative and encourage him or her to back the Maloney-Hoyer-Davis proposal. In all likelihood, it probably won’t pass into law without a Democrat in ...
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  • Federal Disability Retirement: Bruner Presumption

    After reading a couple recent MSPB decisions, I thought it might be helpful to briefly address a less than well-known case in MSPB jurisprudence – the Bruner presumption. Bruner v. Office of Personnel Management, 996 F.2d 290 (Fed.Cir.1993). When a Federal agency removes an employee for “medical inability to perform the essential functions of the job”, that employee is presumed to be eligible for ...
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