Originally Posted by: Mars 
We spoke to the Bell Law firm (he is local to us) and they agreed to take her disability case for $5500 and would refund it if he did not win. But is this the right plan of action. And right now because of this situation and other outrageous hardships is a tough call to lay out $5500 in cash. Its just so shocking
Disability retirement because of depression and anxiety related to the death of her sister? That sounds like an uphill battle for OPM to grant disability retirement. I presume she has substantial medical documentation supporting she cannot perform the essential functions of her position with or without an accommodation (not just documentation showing she has a disability). The agency will disclose to OPM they removed your wife due to her AWOL or failure to follow procedures when requesting leave. If the agency removed your wife for reasons unrelated to her disability, she will not be entitled to the Bruner presumption.
If it were I, I would file an appeal with the MSPB and allege disability discrimination (failure to accommodate) and EEO retaliation (due to the RA comments). She can also contest the charges (especially AWOL related to when the building was closed, unless she was off and ordered to call in regardless, and whether they correctly provided FMLA). Why was OPM involved in your wife's RA request: doesn't make sense. Also, she is required to follow the "exact wording of the leave restriction notice": that's why it's in writing. If she can't follow instructions, that's a reason to remove someone. This is especially the case for an employee who's been written up before for AWOL and placed on a leave restriction letter (there must have been a reason for that in the first place).
She can also apply for disability retirement at the same time (one has up to one year to file for disability retirement after separation from the agency). If your wife thinks she has a good shot at disability retirement, the MSPB AJ can DWOP the removal appeal pending OPM's decision (but I would definitely appeal the removal, too).
Regardless, as everyone else suggested, I would hire an attorney with experience in MSPB litigation. Tully Rinckey is just one such firm (and expensive). Even if I decided not to hire an attorney, I would still appeal to the MSPB and see what I can get in settlement (e.g., clean record settlement, some cash, last-chance settlement agreement).
Finally, being removed for misconduct does not preclude an individual from getting a Federal job in the future. She must disclose it when asked on her application (even if given a clean record settlement). Agency's are now supposed to check an employee's OPF before they come on board to ensure they haven't just been removed, but I'm not sure if any are actually doing that yet.