SF 3112D

OPM Standard Form 3112D: Agency Certification of Reassignment and Accommodation Efforts:

What does it mean to accommodate, and what, pray tell, constitutes an “effort” to do so?   Is the agency’s obligation to pursue avenues of reassignment or accommodation satisfied by the mere completion of SF 3112D and, if not, does the agency merely pay lip-service in its obligation, or are continuing efforts required to be actively undertaken?

If the Federal employee or Postal worker advances throughout the bureaucratic morass and finally gets an approval for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, what happens if, in the meantime, such agency efforts to continue to search for a suitable reassignment position, or a capacity to actually accommodate the medical condition, is attained?

Does a successful positional reassignment negate the Federal Disability Retirement application if such an offer of reassignment is refused by the Federal employee or Postal worker prior to an approval of a Federal Disability Retirement application?

If a Federal or Postal employee is given a temporary duty assignment, and the length of such an assignment or occupation of such a position is for an unlimited amount of time, does that impact a Federal Disability Retirement application as it sits pending a review by the U.S. Office of Personnel Management? What constitutes a legally viable accommodation? What is considered a valid reassignment?

Has the case-law, whether through the U.S. Merit Systems Protection Board or through the Federal Circuit Court of Appeals changed, altered, amended or expanded upon the concept of an accommodation or one’s right to a reassignment at the same pay or grade?

Is the issue of reassignment or accommodation as simple as SF 3112D makes it appear, or are there hidden regulatory, statutory and legal ramifications which must be carefully considered and side-stepped in having SF 3112D completed? Does the Federal employee or Postal worker who is filing for Federal Disability Retirement benefits have any input when the agency completes the OPM SF 3112D PDF Form?

These, and many more questions, need to be considered when a Federal or Postal employee, whether under FERS or CSRS, begins to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: OWCP Disability

Periodically, a telephone call will begin with the statement that the Federal or Postal worker has been on “Disability” for the past _____ years.  The first question that must be asked is, “Are you speaking about OPM Disability Retirement?”  If the answer is one of confusion or lack of clarity, then a further query must be made, trying to establish whether or not the Federal or Postal worker is speaking about receiving payments from the Department of Labor, Office of Worker’s Compensation.

As it turns out, most people who refer to being on “Disability” often mean that they are receiving Worker’s Compensation.  Once this is established, then it becomes important to know whether or not the Federal or Postal Worker has been separated from Federal Service; and if so, when was he or she separated (because if it has been over 1 year, then it is too late to file for Federal Disability Retirement benefits from the Office of Personnel Management).  

Receiving “disability” is often confusing to the Federal or Postal employee.  A revealing fact is when the individual states that the “Agency put me on disability”.  This normally means that the person is on OWCP.  Or, if you are receiving 75% of one’s pay.  Remember that there is a distinction and a difference between OWCP and OPM Disability Retirement.  The former pays well, but may not last forever.  Indeed, if the latter is not applied for within the time-frame allowed, you will be barred from ever applying for it.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement: Preexisting Conditions

There is still some confusion with respect to the relevance of preexisting medical conditions, or medical conditions which were incurred while working, or outside of the workplace, and the impact of such medical disabilities upon one’s right to file for disability retirement under FERS or CSRS. This confusion is evident from some of the questions I have been recently asked.

Remember that preexisting medical conditions are irrelevant to filing for Federal Disability Retirement benefits, in most cases; the fact that an individual has been able to perform the essential elements of one’s job for many years, but comes to a point in his or her career where the medical condition has been exacerbated, or deteriorated, to the point where it begins to prevent one from performing one or more of the essential elements of one’s job, is all that is needed to be shown.

It matters not that the medical condition “preexisted” one’s Federal service; and, indeed, many of my client’s began working with a VA disability rating, but worked successfully for a number of years, until the medical condition(s) underlying the VA disability rating worsened, or came to a point where it began to impact his or her ability to perform the job functions. Similarly, whether or not the injury or medical disability was incurred while working or while on a skiing trip, is irrelevant. The primary point and focus in FERS & CSRS disability retirements cases, is that a person has the minimum years of Federal Service (5 years for CSRS; 18 months for FERS), and during the person’s Federal Service, he or she incurred a medical condition such that it prevents one from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire