I have posted the MSPB initial decision in Amaral v. OPM in which (so far) I successfully represented Rosemarie Amaral in her appeal of an OPM reconsideration decision denying her application for a FERS disability-retirement application. Because of its "unique" (Judge Kasich's word) facts, it is a wonderful teaching tool. Please read it very carefully---perhaps twice----and then take this quiz. If Ms. Amaral's data conversion operator position was abolished on March 12, 2004 from which position, if any, did the Postal Service remove her on March 12, 2004? (This of course beggars the question: must an employee at all times encumber a position? Is the answer different for a federal employee than for a Postal Service employee?) If OPM decides not to file a petition for review from Judge Kasich's decision, as a consequence of which Ms. Amaral's disability retirement application will be granted, to what date will her disability retirement be retroactive. If it is retroactive to March 13, 2004, the effective date of her removal, can she truthfully state that she was not fired from the Postal Service? In other words, does the disability retirement supersede the removal? (This of course has "clean paper" implications for those who were fired for misconduct and subsequently had a disability retirement approved retroactive to the effective date of removal.) Was the Postal Service required to run a RIF when it abolished all of the positions in its Fishkill REC Site. If so what rights if any would Ms. Amaral have had in the RIF? Does her veterans preference status make any difference in your answer? If Ms. Amaral were a federal employee and if she were RIF'd could the agency deny her assignment to a position because she was physically incapable of performing the duties of the position? Ms. Amaral's hearing was telephonic. If she had insisted on an in-person hearing, could the administrative judge have denied her request without getting reversed? If she prevails on her appeal, what is the likelihood that Ms. Amaral will recover attorney fees against OPM? Mitchell Kastner, Esq. http://fedemplaw.blogcollective.com/blog 95 Smith Road P.O. Box 5967 Somerset, NJ 08875-5967 (732) 873-9555 (630) 839-3398 Fax    more »