Case Results

Attorney Pines and AFGE 1633 were victorious in having the arbitrator find that a VA Canteen employee was wrongfully removed, and therefore should be put back to work and paid back pay for over a year and half of pay.

In an exciting precedent-setting victory, The Law Office of Eric L. Pines, PLLC has successfully helped a Veterans Administration employee get her job back after being wrongfully terminated for using leave for the birth of her child and to care for her autistic and blind children. The VA had relied upon esoteric legalistic arguments to say that because the employee worked in the Canteen Service, she was not entitled to file a grievance on her termination. Federal employee attorney Eric Pines and AFGE Local 1633 representative Michael King successfully argued that the employee was entitled to a hearing, as grievance rights are separate from rights to appeal to the MSPB. The agency was ordered to reinstate the grievant with full back pay and lost benefits for over a year and a half of lost pay. Additionally, the arbitrator requested a petition for attorney’s fees.

In Re: Velena West vs. V.A, DAB Case 51 (2012), Attorney Eric L. Pines represented a Nurse at the Michael Debakey Houston VA Hospital before the VA Disciplinary Appeals Board. The case went to a three-day hearing before a board of three nurse peers. The nurse was wrongfully accused of mistreating a veteran. The testimony included 15 witnesses. Specifically, the director of the VA Hospital, Mr. Adam Walmus, was convincingly cross-examined by attorney Pines. Ultimately, The Board felt that Mr. Walmus should have presented the nurse with his findings and given her the opportunity to respond to the charges. The Board ultimately decided 100% in favor of the Appellant. She is to receive full back-pay and the suspension will be removed from her records in its entirety. A petition for attorneys’ fees is pending.

BRR began experiencing psoriasis of the groin/pelvic area and psoriatic arthritis of the joints in June 2009. BRR’s health quickly deteriorated and he soon found himself confined to his bed 16+ hours per day as a result of the grueling symptoms associated with these medical conditions, including but not limited to, constant tearing and exacerbation of the skin in the affected areas, and severe inflammation and pain in all the major and minor joints of the body. As a result, BRR remained in a non-duty status for over 2.5 years! BRR was finally advised by his agency to consider applying for FERS disability retirement. Unfortunately, BRR relied solely on the agency to guide him through the complicated application process, and as a result, his application was promptly denied by OPM. BRR then sought assistance from this firm to help him prepare and submit his Reconsideration Appeal to OPM. Immediately evident was the poor quality and abysmal organizational structure of the original application package. The information contained within was fraught with discrepancies and inaccuracies. It’s really no wonder that OPM denied the initial application. In one section of the application, the agency actually informed OPM that BRR had been accommodated for his medical conditions, which was completely untrue! With our work cut out for us, we scrutinized both the initial application and the denial letter from OPM, thus allowing us to identify and rectify all of the discrepancies, inaccuracies, and completely false information contained in the original application. Where applicable, we provided additional medical evidence and documentation to support our claims/arguments. We even included references to recent MSPB case law applicable to our client’s appeal. In the end, we were able to clearly show that BRR met the legal requirements for FERS disability retirement, and OPM promptly issued BRR his acceptance letter!

A Social Insurance Specialist who suffers from advanced coronary artery disease.

A Community Planner who suffers from major depressive disorder, bi-polar disorder, and mood disorder.