Termination by a Federal Agency or the Postal Service can be a trying time, even if it has been a long time in expectancy. The key is to try and begin negotiating with the agency even before the Notice of proposed termination is issued. During that period when you know that the Agency is considering filing a Notice of Proposed Termination, is precisely the window of opportunity to try and convince & persuade the agency that the underlying basis of any proposed termination is and should be based upon your medical inability to perform one or more of the essential elements of your job. This would be done through various means: submission of medical documentation to your supervisor, agency & Human Resources personnel; addressing key points concerning conduct or performance with medical evidence showing a direct and causal correlation between such conduct or performance with the medical evidence, etc. If, on the other hand, a Notice of Proposed Termination is issued but one which is not based upon one’s medical condition, that does not mean that the window of opportunity has been lost — it just may mean that the strategy and tactic to try and persuade the Agency to amend the proposed termination may have to be adapted. The key to all of this is to make sure and aggressively attack, rebut, and answer, at all stages of any proposed termination, in order to gain an advantage for one’s medical disability retirement.
Sincerely,
Robert R. McGill, Esquire
Filed under: Agency’s and/or Supervisor’s Actions, Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons | Tagged: administrative separation from federal employment for medical reasons, Advanced Notice of Proposed Removal (Notice), adverse actions while in OWCP, agency actions against federal employee, amending a proposed termination for a federal job, being separated from your federal job, Bruner Presumption, can you get fired from a government job for getting sick?, CSRS disability retirement federal attorney, disability retirement for federal and postal employees in alaska, disabled postal worker fired mspb, disciplinary actions for medical conditions against federal workers, documenting your mental or physical impairment with your federal agency, establishing a medical condition before federal service separation, excessing & owcp, federal employee disability, fers disability benefits even after separation for adverse reasons, FERS disability retirement, fighting all the stages of a proposed termination of federal employment, fired for misconduct or for a mental condition that caused the misconduct?, getting fired can be a blessing, getting fired from the postal service for stress related reasons, if you are a disabled worker and are being separated from the usps, light duty postal workers forced out, looking forward to applying the bruner presumption, mailing medical reports disability claim, medical checklists for fers disability, Notice of Proposed Termination, Notice of Removal, OPM disability retirement, opm disability retirement for federal workers in hawaii, opm disability retirement in the northern mariana islands, owcp and mental health us postal service, postal service actions against the postal worker, postal service disability retirement, protecting your rights if you are fired from the federal job for medical reasons, representing federal employees from any us government agency, resources for injured federal workers, retirement for incapacity from a federal job in the u.s. virgin islands, samoa federal workers disability retirement, seeking to apply bruner presumption after termination, separated from service, stress and anxiety during postal separation, termination from federal employment for conduct or performance issues, the federal worker and getting fired for no apparent reason, the psychology of separation, the stress of separation from your federal employer, tips on how to medically retire from post office, USPS disability retirement benefits, usps outplacement program to injured postal workers, warning to ill postal workers being separated from service |
I have filed for disability retirement but was told today that I will be AWOL on 1 feb, do I need a lawyer?