Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Federal Circuit Eases Disability Retirement Evidence Rules: The U.S. Court of Appeals for the Federal Circuit ruled that the Office of Personnel Management cannot deny a federal disability retirement application solely because the applicant lacks "objective" medical evidence. Subjective evidence — including a treating physician's diagnosis based on reported symptoms — must be considered, especially when the employee was already removed for medical inability to perform.

• Social Security Closes Five National Hearing Centers: SSA shut down its remaining five National Hearing Centers on May 18, consolidating administrative law judge (ALJ) work into the agency's 158 local hearing offices. The agency says the closures will not result in layoffs and is looking to internally promote additional ALJs from its current attorney workforce.

• FEMA Enters Hurricane Season With Nearly Half of Senior Leadership Posts Vacant: With Atlantic hurricane season beginning June 1, 18 of FEMA's 38 senior leadership positions remain unfilled, including the Region 4 administrator overseeing Florida, Georgia, and the rest of the Southeast. More than 5,000 employees have left FEMA since January 2025, and Cameron Hamilton has been nominated as the first permanent administrator of President Trump's second term.

Top Stories:

1. Federal Circuit Tells OPM It Cannot Deny Disability Retirement on "Objective Evidence" Grounds Alone

Source: Federal News Network, May 20, 2026

TL;DR: In a precedential decision issued in April, the U.S. Court of Appeals for the Federal Circuit ruled that OPM cannot deny a federal employee's disability retirement application solely on the ground that the application lacks "objective" medical documentation such as lab results or prescription lists. The court said "subjective" medical evidence — including a treating physician's diagnosis based on reported symptoms — must also be considered, particularly for conditions like depression, anxiety, and insomnia that often do not produce objective lab findings. The case involved Tracey Garland, a former OPM employee who was removed in 2016 for "medical inability to perform" after being diagnosed with major depression, anxiety, and insomnia, and whose disability retirement application OPM then denied. The Merit Systems Protection Board (MSPB) upheld the denial in 2024, and the Federal Circuit reversed. Attorney Christopher Bonk of Gilbert Employment Law, who represented Garland, said the decision is "a guardrail" for applicants whose conditions cannot be fully captured in lab results. Federal News Network reported the decision on May 20.

For federal employees, this means:

• If you were removed from your position for "medical inability to perform" and OPM denied your disability retirement application because the file lacked "objective" evidence, that denial is on weaker ground — particularly if your condition is primarily psychological. Consider whether you can re-engage OPM or pursue MSPB review.

• When you apply for FERS or CSRS disability retirement, your treating clinician's narrative, treatment notes, and diagnostic conclusions are evidence OPM must weigh. Ask your providers for detailed written statements rather than summary forms.

• The Bruner presumption — which shifts the burden of proof to OPM when the agency has already removed you for medical inability to perform — remains the strongest procedural posture in disability retirement cases. Preserve and produce your removal paperwork, your supervisor's medical-inability-to-perform documentation, and your separation SF-50.

Legal Insight:
Disability retirement for FERS employees is governed by 5 U.S.C. § 8451, and for CSRS employees by 5 U.S.C. § 8337; the implementing regulations sit at 5 C.F.R. Part 844 (FERS) and 5 C.F.R. Part 831, Subpart L (CSRS). Neither statute requires "objective" medical evidence as a categorical prerequisite, and the Federal Circuit's decision squarely confirms that OPM cannot impose such a requirement by rejecting subjective clinical evidence out of hand. Federal employees with denied applications or pending MSPB appeals should review the new decision with a federal employment attorney to decide whether to seek reopening, reconsideration, or further review.

2. SSA Closes Five National Hearing Centers as ALJ Hearings Go Virtual; Agency Says No Layoffs

Source: Federal News Network, May 11, 2026

TL;DR: The Social Security Administration (SSA) closed its five remaining National Hearing Centers on May 18 as more than 90% of administrative law judge (ALJ) hearings now take place virtually rather than by closed-circuit video from a centralized center. SSA opened the National Hearing Centers in 2007 to handle backlogged disability and retirement appeals, but the agency told employees the centers no longer serve a function the network of 158 local hearing offices cannot perform. Sources familiar with the decision told Federal News Network that the closures will not result in layoffs or staffing reductions, and that the small number of affected ALJs and support staff will move to local hearing offices. SSA also indicated it intends to internally promote additional ALJs from its current attorney workforce to keep up with hearing demand. The American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU), which represent SSA Office of Hearings Operations employees, have said they will press the agency to maintain in-person hearing access at local offices.

For federal employees, this means:

•  If you are an SSA ALJ or Office of Hearings Operations employee assigned to a National Hearing Center, your duty station, telework agreement, and chain of command will change as you reassign to a local hearing office. Review your reassignment paperwork carefully and document any change in pay, locality, or commute that could trigger relocation entitlements or bargaining-unit rights.

• ALJs continue to enjoy adverse-action protections that some other federal employees do not. Removal, suspension, reduction in grade or pay, or furlough of more than 30 days requires a formal action before the MSPB after a hearing on the record. Reassignment to a different duty station is not, by itself, an adverse action — but it can intersect with collectively bargained rights.

• If you are an SSA attorney who wants to be considered for an ALJ vacancy in the agency's internal-promotion effort, confirm the announcement is open to internal candidates, that your application is timely, and that you understand the OPM-administered ALJ competitive examination process.

Legal Insight:
Administrative law judges are protected from adverse action by 5 U.S.C. § 7521, which requires a formal MSPB proceeding for any removal, suspension, reduction in grade or pay, or furlough of more than 30 days; the procedural regulations are at 5 C.F.R. Part 930. Facility closures and changes of duty station are not, on their own, "adverse actions," but they can trigger notice and impact-and-implementation bargaining obligations under 5 U.S.C. § 7114(b) where a collective bargaining agreement (CBA) remains in force.

3. FEMA Enters Hurricane Season With 18 of 38 Senior Leadership Posts Vacant, Including Region 4

Source: Federal News Network, May 16, 2026

TL;DR: The Federal Emergency Management Agency (FEMA) enters the June 1 start of Atlantic hurricane season with 18 of 38 senior leadership positions completely vacant, according to FEMA's own organizational chart and reporting by Federal News Network. The unfilled posts include the deputy administrator, the chief of staff, the associate administrator for national continuity programs, the associate administrator for policy and programs analysis, and the Region 4 administrator, who oversees federal disaster response across Florida, Georgia, Alabama, Mississippi, Tennessee, Kentucky, North Carolina, and South Carolina. FEMA is currently led by Robert Fenton, Jr., who is performing the administrator's duties on an acting basis. President Trump has nominated Cameron Hamilton — whom he appointed and then dismissed earlier in his second term — to serve as FEMA's first permanent administrator of his second term. More than 5,000 employees have left FEMA since January 2025, according to data on file with the House Homeland Security Committee. In a May 14 letter to Homeland Security Secretary Markwayne Mullin and Acting Administrator Fenton, House Homeland Security Ranking Member Bennie Thompson (D-Miss.) and Representative Tim Kennedy (D-N.Y.) wrote that FEMA has experienced "deteriorating readiness."

For federal employees, this means:

• If you are a current FEMA employee — at headquarters, in a regional office, or in the Cadre of On-Call Response/Recovery (CORE) ranks — expect heavier workloads and a higher likelihood of detail assignments or temporary promotions as the agency works through hurricane season with reduced senior leadership.

• Vacancies in Senate-confirmed positions implicate the Federal Vacancies Reform Act (FVRA). Decisions taken by acting officials who are not properly designated under the FVRA can be challenged later, which matters if you receive a reassignment, a RIF notice, a proposed adverse action, or a denied accommodation request during this period.

• If you accept a detail, temporary promotion, or reassignment during the surge, get the offer and the duration in writing — including pay, return-rights language, and the position to which you will return when the detail ends.

Legal Insight:
The Federal Vacancies Reform Act, codified at 5 U.S.C. §§ 3345-3349d, governs who may temporarily perform the duties of a Senate-confirmed position and for how long; the default acting period is 210 days, with limited tolling while a nomination is pending. Where an action with legal effect is taken by an acting officer who is not validly designated, that action can be subject to challenge under 5 U.S.C. § 3348(d). Federal employees who receive significant personnel actions during this period should keep clean copies of the signatures, designations, and dates on all documents and consult a federal employment attorney before responding to any proposed adverse action.

Mindful Moment of the Day

One Email at a Time 

When Outlook fills with taskings, follow-ups, all-staff messages, union notices, and leadership updates, it can feel like every email is equally urgent. Your chest may tighten as you scan subject lines and imagine consequences before you have even read the details. Pause before diving in. Put both feet on the floor and choose one email to open first. Read it slowly enough to understand it, then decide whether it needs action, waiting, filing, or a question. The inbox may still be full, but your attention does not have to scatter across all of it at once.

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