Authorized Updates Impacting Incapacity Retirement Laws For FERS And CSRS Workers By Robert McGill

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I’ve typically discussed the authorized advantages of being separated from Federal Service for one’s medical incapability to carry out” one’s job, which leads to what is commonly often known as the Bruner Presumption”, the place such a termination leads to a prima facie showing of his or her burden of proof. What this implies is that, with such a termination, the burden of production” shifts to the Workplace of Personnel Management, who should disprove your entitlement to incapacity retirement. Bruner v. Workplace of Personnel Administration, 996 F.second 290, 294 (Fed. Cir. 1993) Bruner was a 1993 case, and nonetheless applies as we speak. However, further developments since then have expanded the applicability of the Bruner Presumption, and they are of significance for those filing for incapacity retirement.

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