Federal Disability Retirement: Agency Overstepping

The Office of Personnel Management is the Federal Agency which reviews, evaluates and determines the eligibility of an applicant for Federal Disability Retirement benefits under FERS or CSRS.  The Applicant’s Agency — in whatever sector, department or facility — is supposed to help process the Federal Disability Retirement application, by filling out its required parts and answering certain fundamental questions.  For example, the Agency must determine whether or not it can “accommodate” an individual’s medical conditions, or reassign him or her to another position at the same pay or grade, and one which the applicant is qualified for.  Further, the Supervisor must complete a “Supervisor’s Statement” (SF 3112B) which provides certain information concerning the conduct, performance and attendance of the applicant, as well as any adverse impact which the applicant’s medical conditions may have had upon the Agency’s ability to complete its work and mission.  Where the Agency oversteps its authority, is when it deems itself to be the pre-judging entity in the place of the Office of Personnel Management.  The Agency neither has the authority nor the knowledge to be making a “recommendation” or a judgment on the viability of a Federal Disability Retirement application.  In the instances where it attempts to do so, it is overstepping its authority.


Robert R. McGill, Esquire