The Law Offices of David P. Sheldon successfully represented an officer at the PHS Board for Corrections. The firm argued that the officer should receive years of constructive service credit for education, which is now being retroactively applied to the officer’s retirement pay multiplier. The officer stands to make hundreds of thousands in additional retirement pay in the circumstance.
Category: USPHS
Testimonial: “I would highly recommend him to any uniformed service person.”
Mr. Sheldon came highly recommended by a fellow Public Health Service (PHS) officer. After initial discussion he immediately reviewed my case and provided me with a clear pathway. I retained Mr. Sheldon’s firm to apply to the PHS Board of Corrections to obtain adjudication of my rightful promotion. His knowledge of the law, the system and prior cases is phenomenal. His team worked efficiently, diligently and we were able to get a successful outcome. I would highly recommend him to any uniformed service person.
-CDR HM
PHS Testimonial: “Excellent legal services! FIVE STARS!”
As a US Public Health Service (USPHS) Officer it was difficult to find legal representation with
experience with the USPHS Board of Corrections. The Law Offices of David P. Sheldon came
highly recommended. David and his team prepared my board packet and were successful in
getting get my 0-5 promotion reinstated with back pay and removal of all negative documents
removed from my career file. I highly recommend the Law Offices of David P. Sheldon. Excellent
legal services ! FIVE STARS !
-LCDR W.
PHS Testimonial: “Responsive, thoughtful, and pragmatic”
As a Public Health Service Officer serving the behavioral health needs in isolated frontier communities, I was understandably worried when an adverse privileging action was taken against me. Practicing in isolation, with agency antagonism, and without federal division support, left me vulnerable to personal injury and professional jeopardy. I retained Attorney David Sheldon who immediately acted to protect my interests. Responsive, thoughtful, and pragmatic, Mr. Sheldon (himself a prior Navy attorney and well versed in the uniformed service) was able to get the decision reversed and my position secured. I highly recommend him for any uniformed service member. It is money well spent!
– CDR Michael R. Tilus
PHS Case Results
A Commander in the Commissioned Corps, facing elimination from the PHS for misconduct and substandard performance, hired Mr. Sheldon to save his retirement, having served over 17 years. Through Mr. Sheldon’s efforts, the officer was permanently retired from the PHS with a medical retirement and the elimination proceedings were terminated. The officer will go on terminal leave shortly.
Mr. Sheldon successfully represented a Public Health Service (PHS) officer in a formal hearing before the Medical Appeals Board (MAB). Mr. Sheldon appealed the initial decision of the Medical Review Board. Following the formal hearing, the MAB increased the officer’s rating to 70%, which was a significant victory given the facts of the case.
A Captain (0-6) in the Public Health Service received a 60-day sentence to confinement for possession and use of cocaine and for driving a vehicle while drunk/impaired. The officer faced 12 years in jail, a dismissal and loss of all pay and allowances. Most importantly, the officer will retire from the Public Health Service thereby securing him pay and benefits for the remainder of his life.
Mr. Sheldon represented a PHS officer who had been discriminated against. After filing an EEO complaint and proceeding through both the informal and formal process, settlement was reached. The officer was reassigned to a better job, her FLAG on promotion was lifted, a Letter of Reproval was removed from her record, and she received high rankings on her COER for her previous assignment.
As lead counsel for a Public Health Service officer in the matter of Castaneda v. Hui, Mr. Sheldon won a 9-0 decision before the United States Supreme Court. The decision upheld that Public Health service officers are immune from liability under federal law.
Before the Physical Evaluation Board, Mr. Sheldon represented a Public Health Service Officer. After a contested hearing, the officer was retired permanently-the officer was to be separated with severance and now because of Mr. Sheldon’s efforts the officer will receive retired pay and benefits for the remainder of her life.