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The results portrayed in this section were dependent on the facts of the cases described. The results of other cases will differ if based on different facts.

2012

Proposed Removal - Federal employee with a proposed removal for misconduct sought our assistance. We discovered she had completely disabling non-industrial emotional injury. We negotiated settlement of removal case, and assisted her in obtaining needed medical evidence, Disability Retirement and Social Security benefits.

Removal of Professional Employee - We challenged disciplinary removal of professional Federal employee at hearing on basis that penalty was too harsh. Employee reinstated with mitigated penalty, back pay with interest, benefits, and attorney fees.

2011

Workers Comp. - Long time injured federal employee wanted wage replacement raised from 4 to 8 hours of compensation per day. We filed an ECAB appeal which overturned OWCP’s previous decision. Client’s awarded increased benefits to 8 hrs/day for future benefits and $42,800.00, in back pay.

Disability Retirement - Postal employee with a back injury sought our help with difficult disability retirement case. We helped him obtain the needed medical evidence and approval of his Disability Retirement 6 months later.

2010

WIGI Denied - Federal employee denied within-grade increase and placed on PIP. We investigated actions and showed there was inadequate documentation of poor performance. Agency withdrew PIP, granted WIGI retroactively with back pay.

Removal Action - We represented Postal supervisor with removal for misconduct/poor performance before MSPB. Our investigation through discovery showed evidence was inadequate to support action. Case settled with reinstatement, back pay and attorney fees.

2009

Federal employee was denied disability retirement by OPM. Our firm assisted this clients in obtaining his retirement through a request for reconsideration.

Federal supervisor received proposed discipline. Our firm represented client on both oral and written responses. Management withdrew proposed action when our presentations demonstrated the action was unfounded.

Federal employee with a back injury came to us because for many years OWCP had reduced his benefits, claiming one of his doctors had stated he could do some minimal work as a phone solicitor. Due to heavy medication for severe pain the client could not work in any capacity. We were successful in obtaining medical evidence sufficient to cause OWCP to re-evaluate their reduction of his benefit and reinstate his full wage replacement benefit.

Postal employee was injured on the job in 2006. The Office of Workers’ Compensation Programs (OWCP) initially accepted his claim. However, when the client attempted to return to duty for a few days after the injury, he could not continue due to pain from the original injury. He continues to be totally disabled for work, due partly from the original injury and partly from an adverse reaction to medications prescribed to treat that injury. He filed a recurrence which was denied by OWCP. Our firm filed a Request for Reconsideration which OWCP granted. The client received retroactive payments in excess of $130,000 and continued wage replacement benefits.

2008

Mail carrier came to us with aggravation of a knee injury. Her claim to OWCP had been denied due to lack of medical documentation. We obtained approval of her claim through a Request for Reconsideration. She was awarded two years of back wage replacement benefits, future wage replacement benefits, and vocational rehabilitation through a local trade school.

OWCP denied a Federal employee’s claim for wage replacement benefits on the grounds that employee refused a suitable modified job offer made by the employing agency. Our firm was successful in obtaining sufficient medical documentation to show that the agency’s job offer was not suitable. The client was awarded back wage replacement benefits and future wage replacement benefits.

2007

Our staff assisted an injured Postal employee to receive a schedule award for his carpal tunnel injury and to obtain an increase of a previous schedule award for his shoulder injury.

Mr. Nivens assisted a national Guard Technician by recovering attorney fees which had been unjustly withheld when she prevailed in her appeal of a wrongful termination.

Federal law enforcement officer received a proposed removal from supervisor for serious misconduct and security breaches. Mr. Nivens and his staff prepared an effective response to the action, causing the deciding official to mitigate the penalty to a minor suspension.

2006

Federal employee was removed from her position without proper procedures. Mr. Nivens filed an MSPB appeal and obtained reinstatement with full back pay and benefits.

Federal employee was removed from his position because his back injury prevented him from performing normal duties. Although he filed a workers’ compensation claim for the injury, OWCP denied it. Working with employee’s physicians, Mr. Nivens and his staff obtained needed medical documentation and submitted a request for reconsideration which resulted in full wage replacement and other benefits from OWCP.

Federal supervisor received a proposed removal for poor performance. Through thorough investigation, Mr. Nivens and his staff discovered disabling condition was cause of his problems and requested accommodation and withdrawal of proposed removal. Management complied.

A Federal attorney who represented herself in an EEO complaint received compensatory damages. She felt the award was too low and retained Mr. Nivens to appeal the damages award. On appeal, Mr. Nivens obtained an award doubling the damages award while recovering attorney fees.

2005

A rural letter carrier with the USPS filed a workers’ compensation claim because of hip injury. When claim denied, Mr. Nivens and his staff obtained reversal. Employee received medical benefits, a large schedule award, and wage replacement.

A DoD employee received a proposed removal for allegedly embezzling agency funds. Quick in-depth investigation revealed that an overzealous management official misinterpreted employee’s actions and wrongly accused him. The proposed removal was withdrawn.

Postal employee with bi-lateral carpal tunnel injury filed claim with OWCP. It was rejected because medical information was insufficient. Mr. Nivens and his staff worked with client’s doctors to provide adequate documentation. Claim was approved and client received back wage replacement and medical benefits.

2004

Employee removed from her position as National Guard Technician based on charges of misconduct. After thorough investigation by Mr. Nivens and his staff, he disproved charges at hearing. Employee was reinstated with full backpay and benefits with clean record.

Office of Workers’ Compensation Programs (OWCP) issued decision denying compensation for an injury to claimant’s right rotator cuff because medical evidence was not sufficient. Mr. Nivens guided employee’s physician in providing supplemental report and then submitted a Request for Reconsideration of the Decision denying benefits. DOL reversed its decision and compensation benefits were paid.

OWCP issued a Proposed Termination of Benefits to injured worker suffering from Thoracic Outlet Syndrome after OWCP obtained “Independent Medical Evaluation (IME)” of the worker’s condition. The IME concluded that the worker was no longer totally disabled. Mr. Nivens worked with physicians to show that the worker was still totally disabled. OWCP did not terminate benefits.




2003
Employee removed for alleged misconduct. Mr. Nivens' investigation demonstrated charges bogus. Agency rescinded removal and reinstated employee with full back wages and benefits.

2002
Employee sought reassignment to a different installation so that he could ride to work with spouse who worked there too. Agency officials ignored requests. Mr. Nivens proved at hearing that failure to reassign was product of discrimination. Agency was ordered to reassign employee, pay compensatory damages and attorney fees.

2001
Agency manager excluded employee with 15+ years with government from selection for promotion on the basis of her race and age. Mr. Nivens obtained resolution within only two months involving retroactive promotion, back pay, attorney fees and compensatory damages.

Employee terminated during probationary period because of excessive absences and failure to perform job adequately. Mr. Nivens demonstrated that management's failure to accommodate employees disabilities hampered attendance and performance. Employee reinstated under different supervisor into position with better promotion potential, record purged.

2000
Agency removed employee from position working with dangerous equipment based on medical report that he had epilepsy and was required to take medication for the ailment. Mr. Nivens obtained proof that earlier disqualifing diagnosis was erroneous and secured reinstatement of appellant to his former position.

Employee injured back on job when equipment fell on him. Department of Labor refused claim as untimely filed and because their physician indicated back injury was not work related. Mr. Nivens represented employee on request for reconsideration, obtaining back compensation payments in excess of $200k, rehabilitation training and future compensation payments. .






1999
Employee with two prior offences was removed on charge of failure to properly request leave and insubordination. Mr. Nivens negotiated a large payment for compensatory damages, attorney fees, and expungement of employees record.

Employee removed for lack of fitness for duty. Through discovery, Mr. Nivens was able to demonstrate that removal was motivated by disability discrimination. Final agency decision reflected this and resulted in award of substantial compensatory damages and attorney fees, and other benefits for client.

1998
Female supervisor was harassed and involuntarily reassigned by her boss when she spurned his sexual advances. Shortly thereafter, her former position was upgraded. Mr. Nivens filed complaint on behalf of client alleging constructive demotion and sexual harassment. Case resolved by agency promoting client, reinstating sick leave used, paying damages and attorney fees.

Employee was removed from his position for exceeding his treating physicians medical restrictions. Mr. Nivens' investigation revealed that the removal action was motivated by disability discrimination and over-zealousness on the part of agency investigators. Employee was reinstated to his position, had his record expunged, and received back wages and attorney fees.

1997
Employee removed from position based on allegation of threat of physical harm. Mr. Nivens demonstrated through discovery that this allegation was the illegitimate product of disability discrimination. The employee was reinstated with back pay and interest, substantial compensatory damages, and attorney fees.

Employee removed from position based on allegation of sexual harassment against co-worker. Mr. Nivens' investigation revealed that complainant was not victim of sexual harassment but a willing partner in a relationship with employee. Agency reinstated employee, paying back wages and attorney fees.

The results portrayed in this section were dependent on the facts of the cases described. The results of other cases will differ if based on different facts.
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