Federal Employee Medical Retirement: Too Much Information

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, brevity and succinctness should be the guiding rule.  Often, over-explaining and overstating a particular issue, while intending to be helpful and fully descriptive, can result in greater confusion and muddling of the issues.  

This is found not only in the Applicant’s Statement of Disability, but also in an Agency’s responsive completion of forms — both the Supervisor’s Statement as well as the Agency’s efforts for Reassignment and Accommodation.  Previously, much has been written concerning (for example) the Agency’s attempt to explain how the Federal or Postal employee was “accommodated” in various ways.  

Such explanations, while legally untenable precisely because the efforts engaged in did not in fact constitute an accommodation as the term is defined in Federal Disability Retirement laws, nevertheless confuse the issue with the Office of Personnel Management because (A) they often provide an appearance of having accommodated the Federal or Postal employee and (B) the Claims Representative at the Office of Personnel Management himself/herself neither understands the laws governing accommodation, nor applies it properly.  

The same is often true in a long narrative of the Applicant’s Statement of Disability — where causation, harassment, the history of the medical condition, the problems at the agency, the history of how one’s work could not be performed, collateral legal forums filed with, etc. are all extensively discussed.

Remember that an answer to a question should always be guided by the question itself.  Don’t create your own question and answer the question you composed. Rather, re-read the question, and answer only the question asked.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Psychiatric Conditions and Accommodations

In preparing, formulating and filing a successful Federal Disability Retirement application with the Office of Personnel Management, under FERS or CSRS, the issue of accommodations will come up.  The Agency from which one retires under a Medical Disability Retirement will have to ultimately fill out Standard Form 3112D —  Agency Certification of Reassignment and Accommodation Efforts — which will constitute and satisfy the Agency’s attempts at “accommodating” a Federal or Postal worker in his or her current position, taking into account his or her medical conditions. 

Unfortunately, most medical conditions are deemed to be “non-accommodatable” (if such a term exists in the English Language), and this is logically as well as legally true because with or without the accommodations, one must be able to perform all of the essential elements of one’s positional description.  Minor adjustments to the workplace, or even to the work assignments, may be able to allow for the Federal or Postal worker to continue to work in a Federal or Postal position for some time, but that Federal or Postal worker must be able to perform all of the essential elements of the job, as described in the position description.   An Agency may temporarily suspend certain elements of the core functions of the job, but such temporary suspension does not constitute an accommodation under the law. 

For psychiatric medical conditions, it is rare that an Agency will be able to accommodate such a medical condition, precisely because of the inherent nature of the medical condition — that which impacts upon one’s focus, attention, concentration, and ability to organize and perform executive functions in a coherent and systematic manner.  As such, the issue of accommodation, while one which may have to be addressed in preparing, formulating and filing a Federal Disability Retirement application, is normally an irrelevant, non-issue.

Sincerely,

Robert R. McGill, Esquire