What Is the Bruner Presumption?

Facing a potential adverse action due to a medical issue as a federal employee can be incredibly difficult and stressful. However, a powerful but often underutilized tool — the Bruner Presumption — can significantly strengthen your FERS disability retirement application if you understand the ins and outs of this tool in your disability application.

Stemming from the 1993 Federal Circuit case Bruner v. OPM, this presumption kicks in when your agency takes an adverse action (like removal or termination) based on your medical inability to perform the essential functions of your job.

The Game-Changer: Burden Shifting

Normally, you carry the full burden of proving to OPM that you’re disabled and unable to do your job. But with the Bruner Presumption, your agency’s own action becomes prima facie evidence of disability. This shifts the burden from you proving your disability to the agency along with OPM must now produce their evidence to disprove your entitlement. It’s a major strategic advantage.

For more information click on the show's transcript...

For more information on this topic click on the show transcript...

The podcaster is Dr. Stephen Taylor, OWCP medical-legal consultant & DOL expert for Oberheiden Law Firm. Dr. Taylor’s contact email information is:

fedcompconsultants@protonmail If you need a medical provider or assistance with an OWCP / DOL claim in Pensacola, Tampa or Jacksonville Florida you can make an appointment to see Dr. Taylor at the clinic at FWC Medical Centers or check out the webiste at fedcompconsultants.com To make a consultation with Dr. Taylor call the clinic at 813-215-4356 in Florida.

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

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For responses email Dr. Taylor at fedcompconsultants@protonmail.com

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