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The Bruner Presumption. In a Federal Circuit court case, Bruner v. OPM, 996 F.2d 290 (Fed. Cir. 1993) the Court held that the bottom line under Bruner is that “the government’s action in separating an employee for disablement produces a presumption of disability that serves to shift to the government the burden of production. The government must come forward with enough evidence that a reasonable fact finder could conclude that the applicant did not qualify under 5 CFR 831.502(b).”

In plain english: If your agency removes you for Medical Inability to Perform the essential functions of your job, your chances of getting OPM Disability retirement (whether FERS or CSRS) is greatly increased.

At the Law Offices of Eric L. Pines, PLLC we work with our client’s and their agency’s proactively to assist these clients with being removed for Medical Inability to Perform if this type of removal is appropriate. This type of special and unique representation is just one of the many reasons that choosing our firm can significantly help you with your chances of receiving OPM Disability.

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Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.

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