Case Results

The Appellant worked for Customs and Border Patrol for over 20 years when the Agency removed her for LWOP and alleged misconduct at work. Attorney Moreno represented the Appellant based on solely on written briefs. The Judge found that the deciding official’s failure to consider the entirety of the appellants response is a violation of due process. The appellant received a complete and total victory. The Agency was ordered to reinstate the Appellant to her position with complete back pay, with interest, and benefits. The Appellant was also awarded full attorney’s fees.

Attorney Pines and AFGE 1633 were victorious in having the arbitrator find that a VA Canteen employee was wrongfully removed, and therefore should be put back to work and paid back pay for over a year and half of pay.

The Law Offices of Eric L. Pines successfully represented a V.A. employee at the Washington D.C. V.A. Hospital recently who was removed for allegedly violating a Last Chance Agreement by being AWOL on three separate occasions. The firm argued before the MSPB Administrative Judge that the agency failed to prove that the V.A. employee was actually AWOL on the days in question arguing that the V.A. employee was not present at work on the day in question solely because she was attending a training for her office. The MSPB Judge pressured the Agency representative to settle the case and to reinstate the employee. Other remedies include full back pay under the Back Pay Act and Attorneys Fees. The employee received her job back and was rather pleased with the outcome.

Mr. Pines recently represented V.A. employee who was suspended for 14 days for alleged Inappropriate Conduct on 4 separate Specification's. The situation involved 100% hearsay and the employee was accused of raising her voice to request that lights be turned down in order to assist her with her migraine headache. Mr. Pines adeptly advocated for the employee through the entire grievance process. The Agency ultimately completely rescinded the suspension and order 14 days of back pay as well as having the suspension completely removed from her record.

The Pines Law Firm, led by Eric Pines, Esq. and Stephen Goldenzweig successfully represented V.A. Nurse in AIB Hearing and assisted the Nurse with having his records cleaned and charges dropped. The Nurse had been wrongfully accused of beating elderly patients, however, the V.A. had no evidence whatsoever to support its charges. Instead, the V.A. used the testimony of disgruntled V.A. patients who were not psychologically stable to drum up charges against the nurse. These charges would have likely lead to the employees removal and loss of his nursing license. The Pines firm assisted the client during his AIB investigation and with an intensive rebuttal which included testimony of witnesses and documentary evidence. Ultimately the V.A. did the right thing when the AIB came to the conclusion that the charges had been wrongfully brought. The charges were completely dropped and the nurse was put back to work in his job with a clean and unblemished record.

In Re: Velena West vs. V.A, DAB Case 51 (2012), Attorney Eric L. Pines represented a Nurse at the Michael Debakey Houston VA Hospital before the VA Disciplinary Appeals Board. The case went to a three-day hearing before a board of three nurse peers. The nurse was wrongfully accused of mistreating a veteran. The testimony included 15 witnesses. Specifically, the director of the VA Hospital, Mr. Adam Walmus, was convincingly cross-examined by attorney Pines. Ultimately, The Board felt that Mr. Walmus should have presented the nurse with his findings and given her the opportunity to respond to the charges. The Board ultimately decided 100% in favor of the Appellant. She is to receive full back-pay and the suspension will be removed from her records in its entirety. A petition for attorneys’ fees is pending.

In an exciting precedent-setting victory, The Law Office of Eric L. Pines, PLLC has successfully helped a Veterans Administration employee get her job back after being wrongfully terminated for using leave for the birth of her child and to care for her autistic and blind children. The VA had relied upon esoteric legalistic arguments to say that because the employee worked in the Canteen Service, she was not entitled to file a grievance on her termination. Federal employee attorney Eric Pines and AFGE Local 1633 representative Michael King successfully argued that the employee was entitled to a hearing, as grievance rights are separate from rights to appeal to the MSPB. The agency was ordered to reinstate the grievant with full back pay and lost benefits for over a year and a half of lost pay. Additionally, the arbitrator requested a petition for attorney’s fees.

BRR began experiencing psoriasis of the groin/pelvic area and psoriatic arthritis of the joints in June 2009. BRR’s health quickly deteriorated and he soon found himself confined to his bed 16+ hours per day as a result of the grueling symptoms associated with these medical conditions, including but not limited to, constant tearing and exacerbation of the skin in the affected areas, and severe inflammation and pain in all the major and minor joints of the body. As a result, BRR remained in a non-duty status for over 2.5 years! BRR was finally advised by his agency to consider applying for FERS disability retirement. Unfortunately, BRR relied solely on the agency to guide him through the complicated application process, and as a result, his application was promptly denied by OPM. BRR then sought assistance from this firm to help him prepare and submit his Reconsideration Appeal to OPM. Immediately evident was the poor quality and abysmal organizational structure of the original application package. The information contained within was fraught with discrepancies and inaccuracies. It’s really no wonder that OPM denied the initial application. In one section of the application, the agency actually informed OPM that BRR had beenaccommodated for his medical conditions, which was completely untrue! With our work cut out for us, we scrutinized both the initial application and the denial letter from OPM, thus allowing us to identify and rectify all of the discrepancies, inaccuracies, and completely false information contained in the original application. Where applicable, we provided additional medical evidence and documentation to support our claims/arguments. We even included references to recent MSPB case law applicable to our client’s appeal. In the end, we were able to clearly show that BRR met the legal requirements for FERS disability retirement, and OPM promptly issued BRR his acceptance letter!

A rural-carrier postal employee who suffers from several physical medical conditions, including lumbar subluxation, lumbar radiculitis, sciatica, and lumbar strain/sprain. We are delighted that we were able to assist this client throughout the entire application process and that we were able to help this client secure these important benefits.

A vocational rehabilitation specialist who suffers from a traumatic brain injury (TBI) and post-concussion syndrome. We are delighted that we were able to assist this client throughout the entire application process (including frequent interaction with his agency on his behalf) and that we were able to help him secure these important benefits for him and his family.

A Human Resources Assistant who suffers from PTSD, major depressive disorder, anxiety disorder, bi-polar disorder, and adjustment disorder.

A Clinical Nurse who suffers from major depressive disorder, anxiety disorder, panic disorder with agoraphobia, and social phobia.

A Social Insurance Specialist who suffers from advanced coronary artery disease.

An Occupational Safety Specialist who suffers from amblyopia.

A Community Planner who suffers from major depressive disorder, bi-polar disorder, and mood disorder.