The issue of “Accommodations” can be a rather tricky one. Over the years, the term has expanded and been refined by various legal precedents, and the technical, term of art now carries some meanings which, if not understood properly, can entrap Federal and Postal employees into making wrong decisions while in the process of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.
In simplistic terms, to be properly accommodated by an Agency, the Federal or Postal worker must be provided with an accommodating “X”, such that he or she can continue to perform all of the essential elements of one’s job. Further, temporarily modifying or suspending certain elements of a position description, for purposes of allowing for the Federal or Postal Worker to continue working, does not constitute an accommodation under the law.
This makes sense, if one stops to think about it, and for the following reason: such an arbitrary modification of work duties by a Supervisor or Manager, can just as arbitrarily be taken away. As such, temporary “accommodating” actions — while commendable and allowable in order to let the Federal or Postal worker continue to work — does not preclude the Federal or Postal worker from proceeding with his or her Federal Disability Retirement application.
Additionally, remember that an Agency’s effort for “Reassignment” is part of the Standard Form 3112D (Thus, the Form is entitled, “Agency Certification of Reassignment and Accommodation Efforts”), and comprises part of the Agency’s attempt to “accommodate” the Federal or Postal employee. The issue of “reassignment” is a separate, but related one, and that issue is often influenced by the dependent clause which should not be overlooked in a Federal Disability Retirement application: that a person can no longer perform one or more of the essential elements of a particular job, or any similar job.
By having a working knowledge of the issues surrounding Federal Disability Retirement laws, even in a rudimentary state of knowledge, one acquires a better chance of success. Approval is a long and arduous process. Knowing the lawand its impact is part of that process.
Sincerely,
Robert R. McGill, Esquire
Filed under: Accommodation and Light Duty | Tagged: ab, accommodation of federal employees, accommodation re-definitions according to opm disability case laws, attorney representing federal workers for disability throughout the united states, cases where a federal employee is denied light duty, civil service eeoc and accommodation issues, Federal Disability, federal disability retirement, FERS disability retirement, ineffective accommodation in the federal workplace, law firm representing clients in opm disability law all across america, legal accommodation for Postal workers, legal accommodation under fers disability rules, light duty accommodation versus disability retirement, light duty and reasonable accommodation, limited duty and accommodation of disabled federal employees, limited jobs for light duty employees, OPM disability retirement, owcp accommodations, owcp disability retirement, post office light duty, Postal disability, postal service disability retirement, reasonable accommodation of federal workers, representing federal employees from any us government agency, the tricky issue of accommodation in the federal workplace, unfair agency's actions against light duty workers, USPS disability retirement, usps light duty owcp, what to do when federal agency does not accommodate, what's really legal accommodation under the fers and csrs statues, when excessing light duty from usps then consider disability, when the federal government doesn't accommodate you |
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