Federal Worker Disability Retirement: The Extras, on Either Side

In performing a job, there is the basic parameter of the official “position description” for the Federal and Postal employee, which provides the foundational overview, the physical and cognitive demands of the job, and the necessary credentials and qualifications required before acceptance.

The reality of the actual workplace may somewhat modify the official establishment of one’s position, and that is to be expected:  generalities are often tailored to meet the needs of individual circumstances and situations presented by the local agency.  Beyond that, however, there is often the question of what constitutes “too much” on the one hand, and on the other side of the equation, what reduced modification of a position constitutes an accommodation under the law.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, such a duality of questions will often be encountered.  Modification by a Supervisor of a position’s duties may well allow for the Federal or Postal employee to continue to remain in a position, without compromising one’s health.  Yet, does such unofficial modification constitute a viable accommodation such that it would preclude one from being eligible for Federal Disability Retirement?  Normally, not.

On the other side of the equation, does adding responsibilities to one’s official position description result in such additional duties becoming part of the essential elements of one’s job, such that the fact that one’s medical conditions may prevent one from performing such added responsibilities impact the eligibility for Federal Disability Retirement?  Again, normally not. But such issues must be approached with intelligence and armed with the tools of knowledge of the applicable laws.

Whatever the answers, the “extras” on either side of the equation must be approached with caution, lest one finds that the earth is indeed flat, and one can fall over the edge into an abyss of administrative nightmares in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OWCP, Light Duty & Federal Disability Retirement

As I stated in my previous blog, OWCP is not a retirement system. Instead, it is meant to return an injured worker back to productivity with his or her agency. This is done through means of providing for medical treatments; paying the Federal employee temporary total disability benefits during the time of treatment and recuperation; then, if the Federal or Postal employee is unable to return to the former position in full capacity, to offer a “modified position” to the employee.  At each step in the process of OWCP/DOL, the onerous and burdensome hand of the process becomes clear — for, if at any time, the employee refuses to follow the mandates given by OWCP, the real threat of having one’s temporary compensation suddenly terminated is always a possibility. 

Thus, in accepting OWCP benefits, there is a clear trade-off:  tax free compensation for the price of being completely governed by OWCP.  Then, when the modified job offer is given, you have no choice but to accept it, in whatever form, and must be accepted “as is” — otherwise, your temporary total disability payments will be terminated.  Remember, however, that accepting such a position does NOT preclude you from filing for disability retirement benefits, because the case-law governing Federal Disability Retirement has a “safety” feature:  in order to be considered a legally viable “accommodation” under the law, the modified job that is offered and accepted must have been one which was previously in existence, and vacant.  It cannot be your old job slot, modified by a piece of paper prepared by your agency and the Department of Labor.  It must be a true job.

Sincerely,

Robert R. McGill, Esquire