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Does an employee who has been removed for …
- https://www.opm.gov/frequently-asked-questions/pay-and-leave-faq/pay-administration/does-an-employee-who-has-been-removed-for-medical-inability-to-perform-his-or-her-duties-have-an-entitlement-to-severance-pay/
- The applicable statute authorizes severance pay for employees who are "involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency." (See 5 U.S.S. 5595(b).) A medical inability to perform one's duties is neither "misconduct" nor "delinquency;" therefore, the precise question is ...
Removal for Medical Inability: Disability Retirement
- https://www.whitfieldlegal.com/post/removal-for-medical-inability-disability-retirement-the-bruner-presumption
- In Bruner v. OPM, 996 F.2d 290 (Fed. Cir. 1993), the Federal Circuit Court of Appeals held that where an employee is terminated for …
MSPB: Can an Agency remove me for medical inability to do my …
- https://www.pinesfederal.com/legal-blog/mspb-can-an-agency-remove-me-for-medical-inabili/
- 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 …
29 CFR § 825.123 - Unable to perform the functions of …
- https://www.law.cornell.edu/cfr/text/29/825.123
- (a) Definition. An employee is unable to perform the functions of the position where the health care provider finds that the employee is unable to work at all or is unable to …
Case Report - November 10, 2022
- https://www.mspb.gov/decisions/case_reports/Case_Report_November_10_2022_1977160.pdf
- Removal . MEDICAL INABILITY TO PERFORM . The agency removed the appellant from his Customs and Border Patrol Officer position for inability to perform the essential …
MSPB Raises Standards for Removing Employees for Performance
- https://www.fedweek.com/federal-managers-daily-report/mspb-raises-standards-for-removing-employees-on-inability-to-perform-grounds/
- Overturning its prior precedent, the MSPB has raised it standards for what an agency has to prove when seeking to remove an employee on grounds of inability to …
What is Medical Removal? | Andalman & Flynn Law Firm
- https://andalmanflynn.com/blogs/articles/what-is-medical-removal/
- What is a Medical Removal? Although it may seem counterintuitive, being removed from Federal Service due to medical inability to perform your position due to can actually …
Inability to Perform (as a result of a medical condition)
- https://www.melvillejohnson.com/blog/inability-to-perform-as-a-result-of-a-medical-condition
- Inability to Perform (as a result of a medical condition) There are observed deficiencies in the employee’s performance or conduct; and. There is a nexus between the medical …
FERS Disability Retirement: Am I Entitled to Severance …
- https://www.fedsmith.com/2020/08/10/fers-disability-retirement-am-i-entitled-severance-pay/
- The applicable statute authorizes severance pay for employees who are “involuntarily separated from the service, not by removal for cause on charges of …
Excessive Leave vs. Medical Inability to Perform
- https://www.pinesfederal.com/legal-blog/excessive-leave-vs-medical-inability-to-perform/
- The first option the agency can choose is to remove the employee for Medical Inability to Perform the Essential Functions of His or Her Job. Another option …
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