Early Retirement for Disabled Federal Workers: The “Almost” Medical Inability to Perform Termination

Often, Agencies will proceed to propose a removal of a Federal or Postal employee based upon reasons which clearly “imply” one’s medical inability to perform one or more of the essential functions of one’s job, but explicitly, based upon other stated reasons — e.g., “Failure to Maintain a regular work schedule” or “Being Absent Without Official Leave (AWOL)“.

Then, the frustrating scenario is when the Agency — in the body of the proposed removal letter — refers to and acknowledges the existence of multiple medical conditions which form the foundation, reason and justification for being unable to maintain a regular work schedule or being absent from the job (whether with or without official sanction or approval).

The key in such circumstances, of course, is to try and attempt to make the “implicit” (references to one’s medical conditions and their impact upon one’s inability to perform one’s job) “explicit” (having the Agency change or amend the reasons to instead state:  “Removal based upon the employee’s Medical Inability to Perform his or her job”).

Such a change, of course, would be helpful in a Federal Disability Retirement application under FERS or CSRS, precisely because it would invoke the Bruner Presumption, which would then make it that much more difficult for the Office of Personnel Management to deny a Federal Disability Retirement application.  For, that is the ultimate goal:  to obtain an approval of the Federal Disability Retirement application; and any such advantage gained brings the Federal or Postal employee one step closer to that ultimate goal.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Why Agencies Act

I am often asked why the Federal Agency will go out of their way to remove an individual based upon every conceivable reason other than the true and underlying reason:  One’s medical inability to perform the essential elements of one’s job.  Despite submitting medical reports; despite a Supervisor’s knowledge of the daily pain and suffering of an employee; despite it all, the Agency will often focus upon the employee’s conduct or lack of work production, or upon the number of absences; then place the employee on a Personal Improvement Plan (PIP) ; refuse to grant LWOP; then propose to terminate the individual based upon all of the myriad actions they have taken.  

When the query arises as to why the Agency will not just propose the removal based upon his or her medical inability to perform the job, the answer is often:  We are not a medical facility and we cannot make that determination.  But that is normally not the underlying, driving reason.  It is more often than not because agencies have a single-track mind to act in a self-determined manner.  Ultimately, however, when one files for Federal Disability Retirement benefits under FERS or CSRS, while a removal based upon one’s “medical inability to perform one’s job” is the most “helpful”, other forms of removals can actually enhance the Federal Disability Retirement application, by focusing upon the fact that the negative performance indicators can only be explained by the parallel medical conditions which were clearly impacting the employee.  Sometimes, that takes a little more effort — such effort which the Agency failed or refused to engage in.

Sincerely,

Robert R. McGill, Esquire