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Blog Posts in September, 2010

  • MSPB: Can an Agency remove me for medical inability to do my job?

    Generally, the answer is yes. An agency may remove a FERS or CSRS civil service employee if he or she is unable, because of a medical condition, to perform the duties of the position. But, to sustain the removal at the MSPB, the Agency will need to make a pretty convincing proof. To sustain its charge, the Agency will need to prove: a) that the federal employee has a medical condition; b) that ...
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  • Federal Disability Retirement: Can I use medical evidence after my separation to support my disability retirement application?

    Can you use medical evidence, developed after your separation from civil service, to establish entitlement to disability retirement? A Federal Circuit decision says yes. In Reilly v. Office of Personnel Management, 571 F.3d 1372 (Fed. Cir 2009), the Federal Circuit Court held that post-separation medical evidence can be probative of whether the appellant became disabled while serving in a FERS or ...
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