Award of disability retirement annuity on second application for USPS Supervisor
The Law Firm of Andalman & Flynn and Elliott Andalman, successfully obtained a federal disability retirement annuity on reconsideration for a federal employee who worked for United States Postal Service (USPS) as a Customer Service Supervisor. The annuitant suffered from emotional impairments including major depression and PTSD. Without legal counsel, the annuitant filed a claim, which was denied on initial application and again on reconsideration. Annuitant sought our assistance to file an appeal with the MSPB. We timely filed the MSPB appeal. However, after determining that there was not time to gather necessary medical evaluation and that the annuitant retained the right to file a new application, we withdrew the appeal and filed a new application with OPM. During the processing of the new application, the agency issued a demand for the annuitant to return to duty immediately or be placed in an AWOL status and face possible removal for cause. In response, we submitted medical documentation and legal argument to the agency that resulted in the Agency removing the annuitant due to medical inability to perform the essential functions of the position. OPM approved the new application.