Unfavorable Suitability Determinations And Disability Retirement Appeals
Protecting Your Rights When You Are Faced With Adverse Actions By Your Agency
As you work your way up the “federal ladder,” or even as you enter the civil service, you may find that you are hired for a job, then your agency finds some reason you are not fit to serve in this position. This may happen if you are applying for security clearance or if you are being promoted to a new position within your agency.
As soon as you receive an unfavorable suitability determination, you need to contact a federal employment lawyer. You have the right to appeal the determination to a Merit Systems Protection Board (MSPB) judge. No decision is allowed before you give a response.
At The Devadoss Law Firm, P.L.L.C., we focus on representing federal employees in all areas of federal labor and employment law. We can help you file a response that may help the judge see your case in a more favorable light. If you contact us early enough in the process, we may be able to help you save your job.
Helping You Obtain Disability Retirement Benefits
In order to qualify for disability retirement benefits, you have to qualify under your federal program. There are several requirements you must meet, including:
- Federal Employee Retirement System (FERS) — 18 months of credible service
- Civil Service Retirement System (CSRS) — Five years of credible service
- Have a disease or illness that:
- Is expected to last at least one year
- Prohibits the employee from giving useful or efficient service in his or her current position
- Prohibits the agency from accommodating the employee or reassigning the employee to a different position
If you have applied for disability retirement benefits and been turned down, you have the right to an appeal with the Office of Personnel Management (OPM). Hiring an attorney may make your appeals process go more smoothly.
Bobby Devadoss worked for two different federal agencies before opening his own private practice. He knows the inner-workings of the federal employment system. His experience allows him to anticipate your agency’s moves and work to lower objections to your appeal.
We will help you put together an appeal package that is more likely to be accepted by the OPM and guide you through the appeals process toward a successful ending.
Offering Counsel Along The Way
There are many circumstances in which you may not want to formally retain our services but may wish to have access to our knowledge so you can ask questions about the process or get a sound legal opinion on your case. We offer consultations over the phone for a flat fee per call so you can get good legal counsel without the full expense of a retainer.