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The MSPB: Administrative Justice for Federal and Postal Workers Denied Disability Retirement Benefits

mutually exclusive terms

Worker Bee
DOJ
Thu Oct 15, 2009 9:12 AM

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Fair and objective review and the MSPB? Sorry, from all the FedSmith articles I've read, MSPB and "fair and objective review" appear to be mutually exclusive terms.

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Robert R. McGill, Esquire
Author of the Article
Sun Oct 18, 2009 8:23 PM

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I realize and recognize that there is an overwhelming majority of views that hold that the MSPB is a forum which tends to favor the agency, but I don't find that to be the case in Federal Disability Retirement cases. Yes, there are seemingly biased Administrative Judges, but let's remember that most Federal Laws favor the agency over the Federal employee, except in one type of case: Disability Retirement cases. Cases of denials of disability retirement applications, appealed to the MSPB, have a large body of "applicant-friendly" laws, unlike most other types of cases, which tend to be weighted in favor of an Agency's actions. Thus, from my viewpoint, "fair and objective" applies because the laws tend to favor my clients.
Sincerely, Robert R. McGill, Esquire

Worthless Retirement (FERS)

Part Flexible Clerk
Postal Service
Tue Oct 20, 2009 10:48 PM

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I was paid only $40.00 per month after applying for retirement for mental health problems.

Three years later, it was found out that I did not have mental health problems but that of an undiagnosed brain tumor.

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