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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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