Bruner Presumption: A Critical Advantage for Federal Employees in FERS Disability Retirement

Facing a potential adverse action due to a medical issue as a federal employee can be a stressful and uncertain

time. However, a little-known but powerful concept—the Bruner Presumption—can offer a significant advantage to employees applying for Federal Employee Retirement System (FERS) disability retirement following certain adverse agency actions.

Understanding this presumption is vital, as it can fundamentally change the complexity and burden of proof in your disability retirement case before the Office of Personnel Management (OPM).

What is the Bruner Presumption in FERS Disability?

The Bruner Presumption in FERS disability stems from the landmark Merit Systems Protection Board (MSPB) case, Bruner v. OPM (1993). In short, this presumption is triggered when a federal agency takes an adverse action against an employee based on a medical inability to perform the essential functions of their job.

The Key Impact: Shifting the Burden of Proof

Normally, a federal employee applying for FERS disability retirement has the burden of proving to OPM that they are disabled and unable to perform their job.

The Bruner Presumption changes this. When an agency removes an employee for medical inability, that agency action is considered a prima facie (valid on its face) case for disability.

This shifts the burden of proof:

• Applicant's Burden (Normal Case): The employee must prove they have a disability.

• OPM's Burden (With Bruner): The Office of Personnel Management (OPM) must now disprove the applicant has a disability (5 CFR 831.502).

In essence, your agency's adverse action acts as powerful evidence supporting your disability claim, forcing OPM to overcome it.

Common Misconception: The Bruner Presumption is NOT a Guarantee

While powerful, it is a crucial detail—often misunderstood by both employees and even some Human Resources specialists—that the Bruner Presumption does not guarantee approval of a FERS disability application.

It establishes a strong case "on its face," but OPM can still deny the claim if they can present evidence sufficient to overcome the presumption. This might include compelling medical evidence or a showing that the employee can perform the essential functions of a vacant position at the same grade or pay level within the agency.

Broadening the Scope: Beyond Direct Removal for Medical Inability

The application of the Bruner Presumption is not limited strictly to removals explicitly labeled "for medical inability." The MSPB has expanded the scope to include actions where the underlying cause is the same.

• Removal for Extended Absences/AWOL: The presumption can still apply even if the agency officially removes you for Absence(s) Without Leave (AWOL).

• The Condition: For the presumption to apply in an AWOL case, the affected employee must demonstrate that the absences were directly due to a physical inability to perform the duties of the position. As held in McCurdy v. OPM, the removal for extended absences is deemed "equivalent to removal for physical inability to perform" when the decision was clearly based on medical documentation suggesting the employee was disabled and unable to perform their duties.

If you are removed for extended absences and your medical condition is the root cause, you should explore whether your case qualifies for the Bruner Presumption.

The InformedFED Advantage: Consulting for Your Future

The FERS disability retirement process is complex, and navigating it while dealing with an adverse action requires specialized knowledge. Missteps in documentation or misinterpreting the Bruner Presumption can lead to unnecessary delays or denial.

This is where expert consulting services, like those offered through InformedFED.com, become invaluable.

An InformedFED consultant can provide:

• Strategic Guidance: Determining if and how the Bruner Presumption applies to your specific adverse action (removal for medical inability or AWOL).

• Burden of Proof Compliance: Structuring your disability application to leverage the shift in the burden of proof to OPM effectively.

• Comprehensive Application Review: Ensuring all required medical and agency documentation is complete, accurate, and compelling enough to establish a strong prima facie case.

The Bruner Presumption is a unique feature of federal employment law that can protect your career and financial future. Don't face this process alone—seek knowledgeable, federal-focused consulting to maximize your chances of a successful FERS disability retirement application.