Category: USPHS

Law Offices of David P. Sheldon Advocates for Amendment to SB93 to Expand Tax Benefits for Uniformed Services Retirees

Posted on by Becky Haugen

Law Offices of David P. Sheldon Advocates for Fair Tax Treatment of All Uniformed Service Retirees in Montana

Washington, D.C. – The Law Offices of David P. Sheldon, a leading firm in military and veteran legal advocacy, is actively supporting an amendment to Montana Senate Bill 93 (SB93) to ensure that all uniformed service retirees, including those from the U.S. Public Health Service (USPHS) and the National Oceanic and Atmospheric Administration (NOAA) Corps, receive equitable tax benefits.

Currently, SB93 provides a partial tax exemption on retirement income for military retirees who meet specific residency requirements. However, the bill excludes retired members of the USPHS and NOAA Corps, despite their official classification as part of the United States Uniformed Services under 10 U.S.C. 101.

Proposed Amendment to SB93

The Law Offices of David P. Sheldon is advocating for a critical amendment to:

Expand eligibility to include all uniformed services as defined by federal law.

Modify SB93’s language to reflect the full scope of eligible retirees, including USPHS and NOAA Corps personnel.

Remove the five-year limitation and extend the benefits permanently beyond 2033.

Why This Matters

The U.S. Public Health Service Commissioned Corps (USPHS) has served Montana and the nation for over a century, leading public health initiatives, emergency responses, and critical healthcare services—especially in underserved communities. Despite this, USPHS retirees remain excluded from Montana’s proposed tax relief, even though they receive the same pay and benefits as their military counterparts.

Montana residents can take action now by urging their legislators to support the amendment. A one-page fact sheet with key details about SB93’s requested changes is available.

How You Can Help

✔ Contact Montana state legislators and request their support for the SB93 amendment.
✔ Use our pre-drafted email template to easily reach out to your representatives [insert link].
✔ Spread the word on social media using #SB93 and tagging relevant policymakers.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a nationally recognized firm specializing in military law, veterans’ rights, and administrative advocacy. With decades of experience fighting for service members and their families, our firm remains committed to securing justice and fair treatment for those who have served.

For media inquiries or legal assistance, please contact:

Law Offices of David P. Sheldon, PLLC
MilitaryDefense.com
202-546-9575

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Military Defense Attorneys: Protecting Your Rank, Benefits, and Justice

Posted on by Becky Haugen

Defending the Rights of Military Professionals: Protecting Your Rank, Benefits, and Justice

your benefits and rights are our defense

 

The brave men and women who serve in our military dedicate their lives to protecting the freedoms we enjoy every day. In return, it is only fair that they receive the protections they deserve when it comes to their careers, benefits, and justice. However, recent changes in policies and executive orders can create confusion, uncertainty, and in some cases, threats to these essential rights.

Military professionals, whether enlisted or civilian, need reliable resources and expert legal representation to ensure their rights are upheld, their careers are protected, and their futures are secure. This is where the Law Offices of David P. Sheldon step in, providing responsible and experienced legal advocacy for uniformed and non-uniformed professionals alike.

Your Rights and Why They Matter

Military members face unique challenges compared to their civilian counterparts. From the Uniform Code of Military Justice (UCMJ) to complex administrative processes, military professionals are subject to a distinct set of laws and regulations. These include:

– Rights to Due Process: Whether facing administrative separation, court-martial, or adverse personnel actions, you are entitled to fair process and the opportunity to defend yourself.

– Protection of Rank and Benefits: Years of service translate to earned benefits, retirement pay, and rank. Losing these due to unjust actions or lack of representation can have devastating consequences for your future.

– Employment Protections: Non-uniformed professionals, such as defense contractors and civilian employees of the Department of Defense (DoD), also face challenges, including employment disputes, security clearance issues, and discrimination claims.

Recent policy shifts such as reinstating service members previously discharged for refusing COVID-19 vaccinations and changes to diversity and inclusion initiatives may introduce legal complexities, impacting service members employment, benefits, or assignments.

Legal Challenges Facing Military Professionals

Military service comes with its own set of potential legal hurdles:

– Administrative Discharges: Service members facing separation from the military may lose critical benefits such as healthcare, GI Bill eligibility, and retirement pay.

– Court-Martial Proceedings: Criminal allegations under the UCMJ require experienced legal defense to ensure justice is served and careers are not unjustly ruined.

– Security Clearance Revocations: Losing a security clearance can effectively end a career for many military and non-uniformed professionals working in sensitive roles.

– Discrimination or Retaliation: Policies, biases, or personal disputes may lead to discriminatory actions or retaliation against service members or civilian employees, threatening their careers.

How the Law Offices of David P. Sheldon Can Help

The Law Offices of David P. Sheldon have been a steadfast advocate for military professionals for over two decades. Their deep understanding of military law and dedication to protecting service members’ rights make them a trusted partner for those navigating complex legal challenges. Here’s what sets them apart:

– Expertise in Military Law: From defending service members in court-martial cases to advocating for civilian DoD employees, the firm has unparalleled experience in military justice matters.

– Protecting Your Benefits: They understand the importance of preserving rank, retirement benefits, and healthcare, and they fight tirelessly to safeguard these essential resources.

– Comprehensive Representation: Whether you’re uniformed or non-uniformed, active duty, Reserve, National Guard, or a civilian contractor, their team provides tailored legal representation for your unique circumstances.

– Commitment to Justice: The firm believes in holding the system accountable to ensure fairness, transparency, and respect for your rights.

Why You Deserve Representation

In the face of changing policies and potential legal challenges, protecting your career and benefits requires more than just hope, it requires action. Navigating military justice and employment law without experienced representation can be overwhelming and costly.

The Law Offices of David P. Sheldon stand ready to defend your rights and ensure that your years of service and dedication to the mission are respected and protected. They offer representation for a wide range of cases, including:

– Court-martial defense

– Discharge upgrades

– Security clearance challenges

– Employment disputes

– Discrimination claims

Taking the First Step

If you or someone you know is facing a legal challenge in the military or as a DoD civilian, don’t wait until it’s too late. Reach out to experienced professionals who understand the intricacies of military law and will fight for your rights, benefits, and justice.

Contact the Law Offices of David P. Sheldon today to schedule a consultation and take the first step toward protecting what you’ve earned through your dedicated service. Your career, your benefits, and your future are worth fighting for and with the right legal representation, you can ensure they are safeguarded.

For more information on how the Law Offices of David P. Sheldon can assist you, visit their website: MilitaryDefense.com or call 202-546-9575 for a consultation.

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Testimonial: Legal Guidance and an Understanding of Policy Leads to Successful Resolution for Officer.

Posted on by Becky Haugen

During my time working with the Law Offices of David P. Sheldon, I was consistently impressed by their professionalism, attention to detail, and unwavering commitment to upholding the highest standards of legal excellence. Mr. Sheldon demonstrated a profound understanding of USPHS policy and exhibited a remarkable ability to navigate complex legal issues with precision and expertise. Mr. Sheldon displayed a strong sense of dedication to my case, investing time and effort to thoroughly research and analyze the relevant legal issues. Mr. Sheldon’s insightful guidance and strategic advice ultimately contributed to a successful resolution.

G.S, Capt. USPHS

Military Defense Supports USPHS Members at the 56th Annual Scientific & Training Symposium

Posted on by Becky Haugen

Military Defense will be available to meet with COA members at the upcoming 56th annual Scientific & Training Symposium. (phscof.org/symposium). The 56th annual meeting of the Commissioned Officers Association of the U.S. Public Health Service (COA) will be meeting May 8th – 11th, 2023 at the Cox Business Convention Center in Tulsa Oklahoma.

Captain Karen Munoz’s Performance “We fight too/!”

Military Defense provides USPHS members with with legal representation for concerns regarding promotions, readiness, special pay, involuntary retirement board, records corrections in addition to EEO and MEB concerns. We understand the unique needs of Commissioned Corps Officers and have a USPHS focused area of our practice dedicated to being there for you, when you have been there for us.

We look forward to seeing you in May!

Law Offices of David P. Sheldon and the Military Defense Team

 

Military Defense is a Sponsor at the PHS Symposium May 24-26, 2022

Posted on by Becky Haugen

The 2022 Symposium will be the 55th annual meeting of the nation’s top Federal, Tribal, State and Local public health providers, administrators and emergency responders/planners.

This event is the only annual meeting dedicated exclusively to the work of U.S. Public Health Service Commissioned Corps officers.  Attendance strengthens the nation’s public health and emergency response capability, while building relationships that will further the mission and objectives of agencies  and provides specific education and training based on specialty. The 2022 Symposium is the 55th annual meeting of the nation’s top Federal, Tribal, State and Local public health providers, administrators and emergency responders/planners.

Event details are located at: https://www.phscof.org/symposium/
Military Defense is a Sponsor at the PHS Symposium in Phoenix May 24-26, 2022.
Please stop by the Military Defense booth and pick up some medical kits, stress balls and luggage wraps.
Congratulations to COA PHS for a successful 2022 conference.

Testimonial: “I knew this team would get the job done, and they did.”

Posted on by Becky Haugen

I would like to take this opportunity to express my gratitude to the Office of David P. Sheldon as well as his team that worked closely with me during this entire legal process. I’m not sure how much I can discuss, but I can say that I was promised something when I was first commissioned and was then later informed that the USPHS made a mistake and would not honor what they originally agreed upon. Common sense told me that this was wrong and unfair and that I needed legal representation. I did seek out two other firms other than David Sheldon and that same common sense told me that this was the firm to represent me, without any reservation. After speaking with David I felt that he had the most experience, the most confidence and the most integrity which instantly gave me a sense of assurance. It was that assurance that made the whole process tolerable and comfortable as well as a deep feeling that I had nothing to worry about. Truly, I knew in the back of my mind that this team would get the job done, and they did. Again I can’t express my gratitude enough for a job well done.

With great thanks,

CDR H

Case Results: USPHS Commander Wins Restoration of Retirement Credits

Posted on by Becky Haugen

Another success story for the Law Offices of David P. Sheldon at the Public Health Service Board for Corrections (PHS BFC). The Law Offices of David P. Sheldon represented a Commissioned Corps Commander who was promised retirement credit-in writing-for prior federal civilian service, only to be informed just before retirement that the Commissioned Corps was denying the credit.

As a result of our firm’s efforts, the PHS BFC “concluded that Corps actions constituted an egregious error and an injustice.” Our client will now receive the retirement credit so richly deserved and is now eligible to retire immediately since receiving years of constructive service credit.

 

Back to News and Results

Testimonial: Veteran Benefits and Retirement Restored for USPHS Member

Posted on by Becky Haugen

My first call with David demonstrated his knowledge of the “system” and gave me hope.I could not get a single phone call returned or an email reply from my service branch without his law firm’s help. As a result of their intervention I’ve been able to receive all the retirement and VA benefits that I was entitled to. These benefits had been ignored or denied, until their legal team set to work on my behalf, and achieved complete resolution. Thanks again to the entire staff of the Law Offices of David P. Sheldon PLLC.

P.Z.  USPHS/Air Force

Motion Filed to Rightfully Include USPHS and NOAA at Smithsonian Memorial

Posted on by Becky Haugen

Press Release: The Law Offices of David P. Sheldon Files Opposition to the Smithsonian’s Motion to Dismiss in USPHS COA v Bunch et al.

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

www.militarydefense.com

Read the Complaint Here

Congress created the National Native American Veterans Memorial to be a memorial for all Native veterans. Yet, when it came time to build the memorial, the Smithsonian wrongfully excluded Native veterans of the United States Public Health Service and the National Oceanic and Atmospheric Administration. In May, The Law Offices of David P. Sheldon, representing the Commissioned Officers’ Association of the United States Public Health Service, filed suit to ensure that those two branches were properly included. The continued denigration of the service of USPHS and NOAA veterans has a pervasive impact on their status before private and public institutions. They are frequently denied benefits both due under statute, and granted by private society, due to ignorance as to their status as veterans. The most egregious example of this is the way in which USPHS commissioned officers, deployed by their country to the hottest spots of the COVID pandemic, were frequently denied early vaccination status by military healthcare facilities ignorant of their status as fellow service members.

Yet, it was on those very grounds that the Smithsonian based their motion to dismiss. They argued that Native veterans of the USPHS and NOAA had no entitlement to inclusion on the monument, and that there was no evidence that the denigration of their service and reputation as “real” veterans had any impact on their societal standing. In addition, they also argued that a question of constitutional interpretation was in fact a political question, not fit for the courts to resolve.

Now, The Law Offices of David P. Sheldon have filed their motion to oppose this attempt to dismiss a rightful claim. In their motion, they demonstrate to the Court the massive impact on societal status of the wrongful denigration and spreading of ignorance as to the veteran status of USPHS and NOAA officers. They also remind the Smithsonian, and the Court, of the clear precedence in the D.C. Circuit that constitutional claims are not, contrary to what was alleged by the Smithsonian, political questions barred from consideration. The Law Offices look forward to the successful resolution of this current round of litigation, to the future success of their case, and to the ensuring that Native USPHS and NOAA officers are given the public commemoration they rightfully deserve.

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