Award of disability retirement annuity on appeal to the MSPB for cost analyst at the DOD
The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity at the MSPB level for a federal employee who worked for Department of Defense (DOD) as a Cost Analyst. The annuitant suffered from severe emotional impairments including depression and PTSD. Without legal representation the annuitant filed a claim, which was denied on initial application and again on reconsideration. Annuitant sought our legal assistance to file an appeal with the MSPB. During the processing of this MSPB appeal, DOD issued a notice of proposed removal due to AWOL and failure to follow proper leave procedures. Attorney Elliott Andalman successfully fought the removal for cause. He submitted evidence and argument that convinced the Agency to remove the annuitant for medical inability to perform the essential functions of the position. Attorney Andalman was also able to strengthen the annuitant’s disability retirement case by obtaining additional medical evaluation and testing. We were able to convince OPM to change its position and approve annuitant’s application without the necessity of a trial at the MSPB.