OPM Disability Retirement: Further Reflections on Accommodations

Because the term “accommodations” is rarely understood in its technical and legal sense, there is often the danger of a Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS to “shoot one’s self in the foot” in the very use of the term — or in checking certain boxes on the application form (specifically, SF 3112A, Applicant’s Statement of Disability), and further, there is the added danger that the Agency, in completing a Supervisor’s Statement or the SF 3112D, will mis-apply and mis-state the import, significance or relevance of any actions taken in attempting to assist the Federal or Postal employee.

Indeed, in a Supervisor’s Statement (SF 3112B) there are many instances in which the Supervisor completing the form will contradict him/herself when it comes to the issue of accommodations.  Moreover, the applicant him/herself will often mis-state the issue of accommodations on SF 3112A.

The term “accommodations” has a very narrow definition, and must be used and applied to the advantage of the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS.  Additionally, it is not out of the realm of possibilities that the Office of Personnel Management also (whether deliberately or by chance) uses the very misuse (by the Applicant) of the term to its advantage.  In all cases, the term “accommodations” must be used and referred to carefully, technically, and with full insight of all of its consequences in the use or misuse of the word.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Question of Accommodations

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, certain essential issues must be addressed, including:  the medical condition itself (obviously); the impact of the medical condition upon one’s ability/inability to perform the type of positional duties required in one’s job (also quite obvious); the length of the medical condition itself (it must last for a minimum of 12 months); as well as multiple issues surrounding the question of whether the Agency can “accommodate” a medical condition.

The question of accommodations has been widely discussed by the undersigned author, especially in light of the case of Bracey v. OPM and multiple subsequent cases.  Nevertheless, despite much discussion on the subject, and attempted clarification between the legal, technical usage of the term “accommodation” and the more loosely understood concept of an agency “accommodating” an individual, there is often a surrounding confusion about the conceptual distinctions being made. This is because, perhaps inherently, the technical term of art is not self-evident.

Take, for instance, Question 7a on SF 3112A, where the form asks the question, What accommodations have you requested from your agency?  This question implies that you may have done something “wrong” if you have not specifically requested a certain type of accommodation — meaning, that you must have the knowledge to request of an agency the particular accommodating act of the agency which would allow you to perform all of the essential elements of one’s job.

Yet, this implicitly contradicts the very existence of SF 3112D, Agency Certification of Reassignment and Accommodation Efforts — which clearly places the burden of any attempted accommodation upon the agency, where — upon receipt of the disability retirement packet, or the medical evidence at any time — the agency must see if there are any jobs available or any method of accommodating the Federal or Postal employee such that he or she can perform the essential elementsof the job.

Thus, while the question (7a of SF 3112A) may have an underlying tone of a threat (as in, what have you done wrong?), it is in fact a fairly irrelevant question, and should be addressed as such.  Remember, there is a distinction to be made between the question, the answer given, and the relevance of either.

Sincerely,

Robert R. McGill, Esquire