Examples of the Noucas Law Approach
ADVERSE ACTION(Performance); DISABILITY RETIREMENT(OPM); FEDERAL WORKERS' COMPENSATION(OWCP- Schedule Awards); and SOCIAL SECURITY DISABILITY
Federal Employee (FE) approaches Noucas Law with Notice of Proposed Removal. In the process, Noucas Law obtained Agency medical evaluation indicating that FE had serious and disabling injuries to both shoulders and knees which were relevant to the charges. Noucas Law resolved the removal action as a separation for physical inability to perform duties of FE’s pipefitter job. Noucas Law follow up included:
Federal Employee (FE) approaches Noucas Law with Notice of Proposed Removal. In the process, Noucas Law obtained Agency medical evaluation indicating that FE had serious and disabling injuries to both shoulders and knees which were relevant to the charges. Noucas Law resolved the removal action as a separation for physical inability to perform duties of FE’s pipefitter job. Noucas Law follow up included:
- FE found eligible for Disability Retirement through OPM entitling FE to disability annuity, continued health and life insurance benefits, and possible service credits towards regular retirement upon mandatory annuity conversion to regular retirement at age 62.
- Because FE could not perform any gainful employment, Noucas Law assisted FE in obtaining Social Security Disability Benefits.
- Noucas Law obtained Schedule Awards from OWCP for permanent impairment to both shoulders in excess of $30,000.
- Noucas Law is pursuing OWCP acceptance for work related aggravation of osteoarthritis in both knees.
- Benefit management - FE is not entitled to receive all benefits at the same time and there are offsets between some benefits. Noucas Law continues to assist FE in managing his federal employment benefits to maximize benefits in compliance with all regulations.
ASBESTOS/OWCP(Mesothelioma)
Former shipyard worker was exposed to asbestos during federal employment and ultimately succumbed to mesothelioma and unrelated brain cancer at the age of 52. Noucas Law assists widow with referral for third party action against asbestos defendants and obtains approval of OWCP compensation claim. Widow receives OWCP survivor annuity of over $2,500 a month and nets approximately 30% of all third party claims.
ASBESTOS/OWCP(Pulmonary Asbestosis)
Former shipyard worker and supervisor is diagnosed with pulmonary asbestosis and suffers progressive reduction in his breathing capacity. Noucas Law assists FE with referral for third party action against asbestos defendants. Noucas Law obtains OWCP schedule award of over $50,000. Because pulmonary asbestosis is progressive, resulting in further impairment to FE, Noucas Law is pursuing additional schedule award based on increase in permanent impairment that should result in an additional $65,000 Schedule Award.
Former shipyard worker was exposed to asbestos during federal employment and ultimately succumbed to mesothelioma and unrelated brain cancer at the age of 52. Noucas Law assists widow with referral for third party action against asbestos defendants and obtains approval of OWCP compensation claim. Widow receives OWCP survivor annuity of over $2,500 a month and nets approximately 30% of all third party claims.
ASBESTOS/OWCP(Pulmonary Asbestosis)
Former shipyard worker and supervisor is diagnosed with pulmonary asbestosis and suffers progressive reduction in his breathing capacity. Noucas Law assists FE with referral for third party action against asbestos defendants. Noucas Law obtains OWCP schedule award of over $50,000. Because pulmonary asbestosis is progressive, resulting in further impairment to FE, Noucas Law is pursuing additional schedule award based on increase in permanent impairment that should result in an additional $65,000 Schedule Award.
FEDERAL WORKERS’ COMPENSATION (OWCP) KNEE INJURY
High salaried FE suffers meniscal tear in knee while playing sports in his youth, initiating ongoing arthritis issues. In 2006, FE twists the same knee at work causing a further meniscal tear. FE unsuccessfully fights OWCP denial over the next 8 years. Noucas Law obtains OWCP approval of knee claim. Noucas Law then obtains Schedule Award for the meniscal tear and aggravation of pre-existing arthritis resulting in “six figure” schedule award. Approval of knee claim also includes medical benefits that ultimately pay for knee replacement with compensation while unable to work after surgery. FE writes: “big day tomorrow, left knee total replacement. Couldn’t have done this without your help!”
FEDERAL WORKERS' COMPENSATION (OWCP) BACK INJURY
FE suffers back injury in 2003 that OWCP accepts as “back sprain” even though OWCP approved related surgery for herniated disc. FE had ongoing back problems over the next few years but OWCP denied claims because “back sprain” should have healed. In 2012, based on the “clear error” doctrine, Noucas Law obtains expansion of accepted conditions to include herniated disc and approval of recurrent back problem claims.
FEDERAL WORKERS' COMPENSATION (OWCP) HEAD INJURY
FE suffers complicated aggravation of pre-existing head injury at work. FE is unable to return to work and applies for and receives OPM disability retirement and social security disability. Noucas Law subsequently obtains OWCP approval of head injury as work related. With Noucas Law’s guidance, FE elects workers’ compensation as primary benefit and receives $25,000 in retroactive benefits and increase in monthly benefits going forward.
FEDERAL WORKERS' COMPENSATION (OWCP) MOLD EXPOSURE
High salaried FE complains about impact of mold at work and is ordered to undergo psychological evaluation putting security clearance and job in jeopardy. Noucas Law assists FE in retaining security clearance before Local Access Review Board. Noucas Law resolves all employment issues with five figure settlement of the EEO claim and agency assistance with disability retirement application. Noucas Law also obtains approval of OWCP claim with FE receiving over $35,000 in retroactive benefits and monthly OWCP benefits in excess of $5,600 per month going forward.
FEDERAL WORKERS' COMPENSATION (OWCP) LEG INJURY
FE performs a special diplomatic mission in Afghanistan and is stung by scorpion on front lines. FE is airlifted back to Germany and then home to the USA. On OWCP appeal, Noucas Law wins approval of scorpion sting resulting in permanent cellulitis and impairment. Noucas Law obtains schedule award for permanent impairment resulting from scorpion sting in excess of $85,000.
High salaried FE suffers meniscal tear in knee while playing sports in his youth, initiating ongoing arthritis issues. In 2006, FE twists the same knee at work causing a further meniscal tear. FE unsuccessfully fights OWCP denial over the next 8 years. Noucas Law obtains OWCP approval of knee claim. Noucas Law then obtains Schedule Award for the meniscal tear and aggravation of pre-existing arthritis resulting in “six figure” schedule award. Approval of knee claim also includes medical benefits that ultimately pay for knee replacement with compensation while unable to work after surgery. FE writes: “big day tomorrow, left knee total replacement. Couldn’t have done this without your help!”
FEDERAL WORKERS' COMPENSATION (OWCP) BACK INJURY
FE suffers back injury in 2003 that OWCP accepts as “back sprain” even though OWCP approved related surgery for herniated disc. FE had ongoing back problems over the next few years but OWCP denied claims because “back sprain” should have healed. In 2012, based on the “clear error” doctrine, Noucas Law obtains expansion of accepted conditions to include herniated disc and approval of recurrent back problem claims.
FEDERAL WORKERS' COMPENSATION (OWCP) HEAD INJURY
FE suffers complicated aggravation of pre-existing head injury at work. FE is unable to return to work and applies for and receives OPM disability retirement and social security disability. Noucas Law subsequently obtains OWCP approval of head injury as work related. With Noucas Law’s guidance, FE elects workers’ compensation as primary benefit and receives $25,000 in retroactive benefits and increase in monthly benefits going forward.
FEDERAL WORKERS' COMPENSATION (OWCP) MOLD EXPOSURE
High salaried FE complains about impact of mold at work and is ordered to undergo psychological evaluation putting security clearance and job in jeopardy. Noucas Law assists FE in retaining security clearance before Local Access Review Board. Noucas Law resolves all employment issues with five figure settlement of the EEO claim and agency assistance with disability retirement application. Noucas Law also obtains approval of OWCP claim with FE receiving over $35,000 in retroactive benefits and monthly OWCP benefits in excess of $5,600 per month going forward.
FEDERAL WORKERS' COMPENSATION (OWCP) LEG INJURY
FE performs a special diplomatic mission in Afghanistan and is stung by scorpion on front lines. FE is airlifted back to Germany and then home to the USA. On OWCP appeal, Noucas Law wins approval of scorpion sting resulting in permanent cellulitis and impairment. Noucas Law obtains schedule award for permanent impairment resulting from scorpion sting in excess of $85,000.
DISABILITY RETIREMENT (OPM) NECK INJURY
FE is 49 years old and worked for the Agency for 17 years. FE suffers what she believes is a work-related injury. OWCP claim is denied. FE leaves her job in March, 2015 because she can no longer perform her duties and feels intimidated at work. FE drops complicated OWCP claim, believing that she is not entitled to any employment benefits.
DISABILITY RETIREMENT (OPM) Timely Filing
Ten months after termination, FE consults Noucas Law. FE did not know that she had one year to file for OPM disability retirement benefits. Noucas Law immediately puts OPM disability retirement application together and files it one month prior to filing deadline.
FE’s disability retirement application is approved. She is receiving 60% of her high three for one year and will receive 40% of her high three until age 62. FE continues life insurance and health insurance benefit (at same rate as if still employed). FE should continue to receive service credits for each year on disability retirement until mandatory conversion to regular retirement at age 62.
DISABILITY RETIREMENT (OPM) Restoration of Earning Capacity and Reinstatement
Former FE retains Noucas Law because their Federal Disability Retirement Annuity was terminated because the FE had earned more than 80% of the then current pay of their former USPS position. OPM deems the FE to have a "restored earning capacity." As a result, the FE not only lost their annuity going forward, but was responsible for the amount OPM overpaid them because of the restored earning capacity. Noucas Law files an MSPB appeal of the OPM decision to terminate the FE's annuity. In the end, Noucas Law gets the FE's Federal Disability Retirement Annuity retroactively reinstated, the FE receives nearly three years of retroactive annuity payments (including health and life insurance benefits) totaling $27,000, and because the FE was a former CSRS employee, the FE will continue to receive their Federal Disability Retirement Annuity for life.
DISABILITY RETIREMENT(OPM) and FEDERAL WORKERS' COMPENSATION (OWCP)
Agency commences adverse action against FE based on attendance and performance issues. Noucas Law negotiates modification of removal to “physical inability to perform the essential functions of position and be regular in attendance” triggering Bruner presumption of entitlement to disability retirement. Noucas Law also prevails on workers’ compensation claim. If and when OWCP benefit is terminated due to partial ability to work, FE will be able to elect OPM disability retirement benefits receiving an annuity equal to 40% of her high three, medical and life insurance benefits, and ongoing service credits to age 62.
FE is 49 years old and worked for the Agency for 17 years. FE suffers what she believes is a work-related injury. OWCP claim is denied. FE leaves her job in March, 2015 because she can no longer perform her duties and feels intimidated at work. FE drops complicated OWCP claim, believing that she is not entitled to any employment benefits.
DISABILITY RETIREMENT (OPM) Timely Filing
Ten months after termination, FE consults Noucas Law. FE did not know that she had one year to file for OPM disability retirement benefits. Noucas Law immediately puts OPM disability retirement application together and files it one month prior to filing deadline.
FE’s disability retirement application is approved. She is receiving 60% of her high three for one year and will receive 40% of her high three until age 62. FE continues life insurance and health insurance benefit (at same rate as if still employed). FE should continue to receive service credits for each year on disability retirement until mandatory conversion to regular retirement at age 62.
DISABILITY RETIREMENT (OPM) Restoration of Earning Capacity and Reinstatement
Former FE retains Noucas Law because their Federal Disability Retirement Annuity was terminated because the FE had earned more than 80% of the then current pay of their former USPS position. OPM deems the FE to have a "restored earning capacity." As a result, the FE not only lost their annuity going forward, but was responsible for the amount OPM overpaid them because of the restored earning capacity. Noucas Law files an MSPB appeal of the OPM decision to terminate the FE's annuity. In the end, Noucas Law gets the FE's Federal Disability Retirement Annuity retroactively reinstated, the FE receives nearly three years of retroactive annuity payments (including health and life insurance benefits) totaling $27,000, and because the FE was a former CSRS employee, the FE will continue to receive their Federal Disability Retirement Annuity for life.
DISABILITY RETIREMENT(OPM) and FEDERAL WORKERS' COMPENSATION (OWCP)
Agency commences adverse action against FE based on attendance and performance issues. Noucas Law negotiates modification of removal to “physical inability to perform the essential functions of position and be regular in attendance” triggering Bruner presumption of entitlement to disability retirement. Noucas Law also prevails on workers’ compensation claim. If and when OWCP benefit is terminated due to partial ability to work, FE will be able to elect OPM disability retirement benefits receiving an annuity equal to 40% of her high three, medical and life insurance benefits, and ongoing service credits to age 62.
FEDERAL RETIREMENT ANNUITY(OPM) Benefit Calculation
FE went out on disability retirement in 1982. Several years prior to retirement, FE incorrectly listed “girlfriend” as spouse on federal benefit forms. When FE went out on disability retirement, OPM mandated 10% per month deduction for spousal survivor’s annuity, even though FE never married “girlfriend”. In 2014, FE consults Noucas Law. Noucas Law reviews documents and obtains copy of “girlfriend’s” marriage certificate to another individual in 1985. Noucas Law files reconsideration with OPM and obtains refund in excess of $20,000 for past spousal survivor’s annuity deductions.
FEDERAL RETIREMENT ANNUITY(OPM) Benefit Calculation
FE is approved for disability retirement but retroactive start date is more than 10 months after FE’s last day of work. Agency kept FE in a pay status to pay health benefits. Noucas Law arranged for FE to repay health benefit, moving last day in pay status back 10 months. FE receives an additional $20,000 in retroactive benefits.
FEDERAL RETIREMENT ANNUITY(OPM) Misinformation
FE retires based on "misinformation" from Agency concerning estimated retirement benefit. "Misinformation" involves a balance on her service credit debt. Noucas Law establishes that retirement is, therefore, “involuntary” and must be set aside. FE is returned to work with back pay. FE uses back pay to pay service credit debt and retires 3 months later with full retirement benefit.
FE went out on disability retirement in 1982. Several years prior to retirement, FE incorrectly listed “girlfriend” as spouse on federal benefit forms. When FE went out on disability retirement, OPM mandated 10% per month deduction for spousal survivor’s annuity, even though FE never married “girlfriend”. In 2014, FE consults Noucas Law. Noucas Law reviews documents and obtains copy of “girlfriend’s” marriage certificate to another individual in 1985. Noucas Law files reconsideration with OPM and obtains refund in excess of $20,000 for past spousal survivor’s annuity deductions.
FEDERAL RETIREMENT ANNUITY(OPM) Benefit Calculation
FE is approved for disability retirement but retroactive start date is more than 10 months after FE’s last day of work. Agency kept FE in a pay status to pay health benefits. Noucas Law arranged for FE to repay health benefit, moving last day in pay status back 10 months. FE receives an additional $20,000 in retroactive benefits.
FEDERAL RETIREMENT ANNUITY(OPM) Misinformation
FE retires based on "misinformation" from Agency concerning estimated retirement benefit. "Misinformation" involves a balance on her service credit debt. Noucas Law establishes that retirement is, therefore, “involuntary” and must be set aside. FE is returned to work with back pay. FE uses back pay to pay service credit debt and retires 3 months later with full retirement benefit.
ADVERSE ACTION (MSPB)
FE approaches Noucas Law with Notice of Proposed Removal. In the process, Noucas Law obtained Agency medical evaluation indicating that FE had serious and disabling injuries to both shoulders and knees which was relevant to the charges. Noucas Law resolved the removal action for physical inability to perform duties of FE’s pipefitter job. Noucas Law follow up included:
ADVERSE ACTION (Oral Reply)
FE approaches Noucas Law with Notice of Proposed Removal. FE retains Noucas Law to represent them at the Oral Reply in front of the Agency decision maker. After the Oral Reply, Agency rescinds proposed removal and FE retains their position.
ADVERSE ACTION(Security Clearance)
FE approaches Noucas Law with Notice of Proposed Removal. In the process, Noucas Law obtained Agency medical evaluation indicating that FE had serious and disabling injuries to both shoulders and knees which was relevant to the charges. Noucas Law resolved the removal action for physical inability to perform duties of FE’s pipefitter job. Noucas Law follow up included:
- FE found eligible for disability retirement through OPM entitling FE to disability annuity, continued health and life insurance benefits, and possible service credits towards regular retirement upon mandatory annuity conversion at age 62.
- Because FE could not perform any gainful employment, Noucas Law assisted FE in obtaining Social Security Disability Benefits.
- Noucas Law obtained Schedule Awards from OWCP for permanent impairment to both shoulders in excess of $30,000.
- Noucas Law is pursuing OWCP acceptance for work related aggravation of osteoarthritis in both knees.
- Benefit management - FE is not entitled to receive all benefits at the same time and there are offsets between some benefits. Noucas Law continues to assist FE in managing his federal employment benefits to maximize benefits in full compliance with all regulations.
ADVERSE ACTION (Oral Reply)
FE approaches Noucas Law with Notice of Proposed Removal. FE retains Noucas Law to represent them at the Oral Reply in front of the Agency decision maker. After the Oral Reply, Agency rescinds proposed removal and FE retains their position.
ADVERSE ACTION(Security Clearance)
- High salaried FE complains about impact of mold at work and is ordered to undergo psychological evaluation putting security clearance and job in jeopardy. Noucas Law assists FE in retaining security clearance before Local Access Review Board. Noucas Law resolves all employment issues with five figure settlement of the EEO claim and agency assistance with disability retirement application. Noucas Law also obtains approval of OWCP claim with FE receiving over $35,000 in retroactive benefits and monthly OWCP benefits in excess of $5,600 per month going forward.
- Agency commences adverse action against FE based on attendance and performance issues. Noucas Law negotiates modification of removal to “physical inability to perform the essential functions of position and be regular in attendance” triggering Bruner presumption of entitlement to disability retirement. Noucas Law also prevails on workers’ compensation claim. If and when OWCP benefit is terminated due to partial ability to work, FE will be able to elect OPM disability retirement benefits receiving an annuity equal to 40% of her high three, medical and life insurance benefits, and ongoing service credits to age 62.
- FE is accused of serious misconduct including unauthorized absence from work and faces removal. Noucas Law files MSPB appeal. Through mediation, removal is set aside with reduction in penalty to 30-day suspension.
- FE is accused of misuse of government property and receives notice of proposed removal. Noucas Law represents FE at Oral Reply. After Oral Reply, Removal Action is set aside and FE retains employment.
- FE is Security Supervisor with over 30 years of federal service. She is charged with breach of security protocols. FE receives notice of proposed removal. Before filing MSPB appeal, through Oral Reply and negotiations, Noucas Law resolves with Agency withdrawal of removal action and FE voluntary reassignment to lower grade position with same pay.
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