Suing the Federal government over retirement benefits

[gmcgann]

What is the name of your state (only U.S. law)? North Carolina.

I'm a retired federal employee, and the agency I worked for pulled a few illegal string in order to reduce my pension. I've about exhausted all my appeals through OPM, OSC, etc. They didn't rule aginst me - they all said they didn't have jurisdiction. No one wanted to get involved. That leaves a legal action. Can anyone tell me where I need to file the suit? I was employed in North Carolina at the time, but do I need to sue in DC? Thanks.

 

[eerelations]

What has your attorney told you?

 

[gmcgann]

I don't have a lawyer yet. I'm trying to find out how complicated this is going to be.

 

[pattytx]

I'm pretty sure you would have to sue in federal court.

 

[eerelations]

It's going to be extremely complicated and expensiv, and will probably take at least five years for results. You need an attorney.

 

[gmcgann]

I know I'd have to sue in federal court. What I'm wondering is if I can sue in a federal circuit court in my home state (NC) or if I have to sue in DC.

 

[gmcgann]

It's going to be extremely complicated and expensiv, and will probably take at least five years for results. You need an attorney.

I know I'll need an attorney. I don't know that it will be that complicated - it's a pretty simple case. The agency changed my job title a few months before I retired. They did not change my job description or my job duties - only the title, and the new title couldn't have been farther from my actual job. This resulted in OPM calculating my retirement almost 20% below what it should have been. There are reams of case law that say it is the job description that define the job, and that job titles are meaningless. The case should be simple, I just need to find out where to file.

 

[pattytx]

Since you're going to have to have an attorney anyway, just get the attorney and let him/her figure out where to file.

 

[ecmst12]

Suing the government is ALWAYS going to be complicated.

 

[gmcgann]

So essentially the best information I can get here is "Talk to a lawyer." Thanks.

 

[pattytx]

Yeah, it is. This site is for general information. Your situation is WAY too complicated for a public forum.

 

[Dougthegreat]

I don't know that it will be that complicated - it's a pretty simple case.

Anything involving federal court or suing the federal government is automatically a complex case. Have you been to FederalSoup? They have a board specifically for federal retirement questions, and I think your concerns would be better advised there, as it's their specialty.

 

[gmcgann]

Yeah, it is. This site is for general information. Your situation is WAY too complicated for a public forum.

It doesn't seem too complicated to me. My question was: "where [do] I need to file the suit? I was employed in North Carolina at the time, but do I need to sue in DC?"

Sorry if that's too complicated.

 

[gmcgann]

Have you been to FederalSoup? They have a board specifically for federal retirement questions, and I think your concerns would be better advised there, as it's their specialty.

I'll check out that site, thanks. My question concerns specifically where I need to file the suit. I don't have any questions about the case itself.

 

[ecmst12]

Your question is more specific then you realize.