Tag: militarydefense.com

USPHS Class Action Update

Posted on by Becky Haugen

USPHS Retirees File for Retiree Benefits and Backpay

USPHS Class Action Update: Back Pay and Ongoing Review

Update Class Action Memo 11_20_2025

The Law Offices of David P. Sheldon, PLLC has issued an update regarding Futch et al. v. United States (No. 1:25-cv-01915-EDK), the class action pending before the U.S. Court of Federal Claims on behalf of U.S. Public Health Service retirees and survivors affected by the 2025 government shutdown.

With the federal government now reopened, the Treasury Department has initiated back pay disbursements for USPHS retirees. While this is a welcome development, the legal question remains unresolved: whether the federal government can suspend pay for uniformed service retirees during future shutdowns.

As counsel for the class, David P. Sheldon and his team will continue to monitor proceedings and oppose any dismissal that fails to address the underlying structural issue.

Retirees and survivors with questions may contact the class coordination team at class.action@militarydefense.com or call 202-546-9575.

Sign-Up to receive updates by using our Contact Us Form

“Our Pay Is Earned, Not Optional”: USPHS Retirees Take Legal Action Against U.S. Government

Posted on by Becky Haugen

USPHS Retirees File for Retiree Benefits and Backpay

U.S. Public Health Service Retirees File Class Action Against the United States Over Unpaid Retirement Benefits During Shutdown.

Case Memorandum and Filing

WASHINGTON, D.C. — The Law Offices of David P. Sheldon, PLLC has filed a class action lawsuit in the U.S. Court of Federal Claims on behalf of retired officers of the U.S. Public Health Service (USPHS) whose retirement pay has been withheld during the ongoing government shutdown.

Filed on November 10, 2025, the Complaint asserts that the U.S. Government violated federal statutes that mandate monthly retired pay to USPHS officers. The suit, Commander William Michael Futch, et.al v. United States (Case No. 25-1915 C), seeks certification as a class action under Rule 23 of the Rules of the Court of Federal Claims (RCFC 23) and requests that the Court compel the United States to pay all withheld retired pay and future payments owed under 42 U.S.C. § 212.

“Retired officers of the U.S. Public Health Service have served this nation with distinction, many in hospitals, prisons, and public health emergencies,” said David P. Sheldon, founder of the firm. “Their earned retirement pay is not discretionary. It is guaranteed by law. The government’s refusal to pay them during the shutdown is both unlawful and unjust.”

The case is assigned to Judge Elaine D. Kaplan, former Chief Judge of the Court of Federal Claims and former Acting Director of the U.S. Office of Personnel Management. Judge Kaplan will determine whether to certify the matter as a class action and oversee subsequent notice to eligible class members.

If the Court certifies the class, all USPHS retirees who were not paid, during the current shutdown will be eligible to opt in as members. Once certified, the Court, not the firm, will oversee how class notices are issued, how members join, and how any settlement or judgment is distributed.

The Complaint invokes the Tucker Act (28 U.S.C. § 1491) and the Equal Access to Justice Act (28 U.S.C. § 2412), arguing that USPHS retirement statutes are money-mandating and require the United States to pay monthly retired pay regardless of appropriations lapses.

Next Steps for Potential Class Members

Potential class members—including all retired USPHS officers and eligible survivors—should:

  • Review the memorandum outlining the filing and court process.
  • Monitor communications for the Court’s certification and official notice.
  • Be prepared to opt in following Court instructions once notice is issued.
  • Direct questions or participation inquiries to class.action@militarydefense.com.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., The Law Offices of David P. Sheldon, PLLC represents members of the armed forces and all of the nation’s uniformed services in complex military and federal employment matters. The firm’s attorneys litigate before the U.S. Court of Federal Claims, Boards for Correction of Military Records, and federal appellate courts, advocating for the rights of service members, retirees, and federal employees nationwide.

📞 Media Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600 | Washington, DC 20003
📧 class.action@militarydefense.com 📞 202-546-9575
🌐 www.militarydefense.com

Honoring Every American Who Has Worn the Uniform —This Veterans Day, We Stand With You

Posted on by Becky Haugen

Honor Veterans

On Veterans Day, we reflect on more than flags, parades or ceremony. We remember the

promise made by every man and woman who raised their right hand and said: “I will serve.”

 

From the boots on the ground to the officers and enlisted in the skies, from those on active duty

today to those who served decades ago, across the Army, Navy, Air Force, Marine Corps,

Space Force, Coast Guard, the Commissioned Corps of the United State Public Health Service

and those who serve in the National Oceanic Atmospheric Agency, those who serve in

uniforms carry our nation’s trust forward.

 

At the Law Offices of David P. Sheldon, PLLC, we’re honored to represent federal employees,

uniformed service members, veterans, and their families. We see every day the sacrifices that

accompany service — the hours away from home, the deployments, the weight of responsibility,

and the toll it takes on families.

 

And yet, for too many of our uniformed service members, including officers in the United States

Public Health Service Commissioned Corps (USPHS) and National Oceanic and Atmospheric

Administration Commissioned Officer Corps (NOAA Corps) that promise of service is coupled

with a broken promise of retirement. The fact is: they answered the call. They upheld the oath.

They trusted the system. And too often, they find themselves held back from full retirement

benefits.

 

That’s why we have launched our class-action effort, to make USPHS and NOAA retirees whole.

Because respect for service does not end when the uniform comes off. Respect must extend to

the benefits earned, the years of commitment kept.

 

This Veterans Day, let’s do more than say “thank you.”

 

Let’s act. Let’s honor the oath. Let’s secure dignity in retirement for those who stood watch for

our country and our communities.

 

If you are a uniformed service member — current, former, or transitioning — and believe your

retirement benefits have been delayed, withheld or mis-administered, now is the time to reach

out. Secure your voice. Join the effort.

 

From all of us at the Law Offices of David P. Sheldon, PLLC: Thank you for your service. We

honor you. We advocate for you. And we remain committed to holding the promise of retirement

true — because you kept your promise of service.  Let’s ensure your service is honored — not just with words, but with justice.

 

About Us:

The Law Offices of David P. Sheldon, PLLC represents federal employees, uniformed service

members, veterans, and their families across matters including disability retirement, military

justice, whistleblower relief, and class-action benefits litigation. This communication is for

informational purposes only and does not constitute legal advice. Please consult an attorney

before making decisions regarding your legal rights.

David P. Sheldon, PLLC Pursuing Class Action to Protect NOAA and U.S. Public Health Service Retirees and Families

Posted on by Becky Haugen

Senior Attorneys Annie Morgan and Dylan Thayer of The Law Offices of David P. Sheldon, PLLC, intend to prepare a class action lawsuit on behalf of retirees and surviving family members of the U.S. Public Health Service (USPHS) and National Oceanic and Atmospheric Administration (NOAA) who may face interruptions in their retirement or survivor benefit payments during a federal government shutdown.

If you or a loved one is a retired officer or survivor who has experienced or is at risk of delayed or withheld payments, we would like to hear from you. Your participation may help hold the government accountable and ensure permanent protection for those who served their nation honorably.

About the Case

Given funding lapses, USPHS and NOAA retirees and survivors will likely be exclude from payment while other federal and uniformed service members will continue to receive compensation. Although current legislative proposals—such as Sen. Ron Johnson’s “Shutdown Fairness Act” (S.3012)—would extend pay to certain active-duty and excepted employees, they, again, fail to protect retired officers and survivor beneficiaries.

This disparity leaves thousands of former officers and their families vulnerable to missed payments, despite their years of service and contributions to public health, environmental protection, and national readiness. The class action seeks a judicial remedy to establish that these payments are vested entitlements, not discretionary appropriations subject to political impasse.

“Our firm believes that no retiree or widow should ever wonder whether their next paycheck will arrive,” said David P. Sheldon, principal attorney. “These officers dedicated their lives to service—often in hardship tours and public emergencies. Their benefits should be guaranteed, regardless of Washington gridlock.”

Why Work with The Law Offices of David P. Sheldon, PLLC

David P. Sheldon, PLLC has earned national recognition representing service members, retirees, and federal employees in complex military and federal law cases, including matters before the U.S. Court of Federal Claims, federal district courts, and Boards for Correction of Military Records.

The firm’s attorneys have successfully advanced class and individual actions to restore benefits, correct pay injustices, and protect due process rights across every uniformed service—Army, Navy, Air Force, Coast Guard, NOAA, and USPHS.

With decades of combined experience and a results-driven record, the firm’s attorneys bring both strategic litigation experience and deep institutional knowledge of military and federal employment law.

Contact Us

If you are a USPHS or NOAA retiree, a surviving spouse, or know someone who has been impacted, we invite you to contact our firm to discuss your eligibility for participation in this class action.

Call: 202-546-9575
Contact: militarydefense.com/contact-us

Your involvement can help ensure that the government upholds its commitments to those who served and defended the public.

 Share This Announcement

Help spread the word to NOAA and USPHS retirees and families who may be affected by these funding gaps. Together, we can safeguard the rights of those who have safeguarded our nation.