Selected Case Results - MSPB EEOC OSC OWCP

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.


Proposed Removal - Federal manager retained us to represent him in negotiations for settlement of his removal action. After investigation by our firm, the agency was willing to settle on favorable terms.

Disability Retirement - We submitted a disability retirement application for a long-time mail carrier with multiple injuries and successfully obtained approval from OPM.


Removal Action - Client retained us to represent him in a hearing about a 30-day suspension. While preparing for the hearing, the agency imposed a removal action. We convinced the hearing judge to set aside the 30-day suspension. The agency withdrew the removal action after depositions were taken. We then pursued an EEO case based on these facts which resulted in a cash settlement and significant promotion.

Workers' Comp. - Federal employee fell and hit his head. He suffered concussion causing headaches, dizziness, tinnitis, and confusion. Later, he suffered trouble with cognition and depression. Originally OWCP approved only the concussion. He needed additional conditions approved. We set him up with a doctor experienced with his type of injury. We were successful in obtaining approval for post-concussion syndrome, which helped him get the proper treatment. We were successful in fending off several attempts by OWCP to terminate his benefits. Also, we assisted the client in obtaining approval for a disability retirement from OPM.

Workers' Comp. - We were successful in obtaining a schedule award for a USPS letter carrier for her shoulder and knee that amounted to over $74,000.


Workers' Comp. - Postal employee came to us wanting to submit request for schedule award for injured knee. We sent her to a specialist experienced in writing reports using AMA guide 6th Edition. The specialist found 7% total impairment.

Disability Retirement & Workers' Comp. - 27 year employee came to us requesting we help him get approval for claim for Carpal Tunnel Syndrome (CTS) that was wrongly diagnosed as gout,. We had him evaluated by a specialist experienced in Federal Workers' Compensation. The specialist wrote a medical report that explained how 27 years of repetitive work, not gout, had caused his Carpal Tunnel Syndrome. His claim was approved and we got him a schedule award for 19% permanent impairment.


Workers Comp. - Federal employee seriously injured in vehicle accident sought our assistance in obtaining a schedule award. MD to whom we referred client wrote excellent report detailing injuries and evaluating them using proper AMA Guides. Client received in excess of $100K in schedule award.

Disability Retirement - Client sought our representation to obtain regular FERS retirement which had been denied after relying on improper advice from agency HR who advised him to pay for military time after he resigned. We represented client in MSPB appeal, obtaining a new opportunity for payment, and retirement with benefits was granted.

Removal Action - Federal employee sought our representation when she was removed from her position for poor performance. Our investigation revealed no poor performance. We represented client in MSPB appeal of removal successfully, obtaining reinstatement, full back pay with interest and benefits, and attorney fees and expenses.


Proposed Removal - The removal of a supervisory federal employee was proposed for conduct unbecoming a supervisor, lack of candor during an investigation, and attempting to intimidate witnesses against him. Our investigation revealed that these allegations were unfounded. We responded on behalf of the supervisor, causing management to abandon the proposed removal action.

Low Performance Appraisal, PIP and Detail - Federal employee contacted us complaining that her performance appraisal was unfairly low, that she was wrongfully placed on a Performance Improvement Plan, and that she was unjustifiably detailed out of her regular position. After reviewing the documents of the case and investigating client's allegations, we communicated with management by letter. As a result, management abandoned the PIP, upgraded her performance appraisal and reassigned client to her regular duties.

Workers Comp. - Postal employee suffered Carpal Tunnel Syndrome (CTS) as a result of his work. He filed a workers comp claim which was denied by OWCP because their MD erroneously determined that client suffered from gout instead of CTS resulting from his work. We referred client to a specialist who confirmed CTS due to repetitive duties. Requested reconsideration of the claim which was granted, and the claim was approved.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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


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.


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.


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.


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.


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.


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.