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 Medical Disability Retirement: Position Descriptions

The Agency Position Description ultimately determines the parameters of the crucial question in a Federal Disability Retirement application, whether under FERS or CSRS, and therefore should not be underestimated or overlooked in its relevance, import and substantive weight.  What a person actually does in a Federal or Postal job can be distinguished from the official duties ascribed in a Position Description; similarly, what a person is not assigned to do can be easily differentiated from essential elements as described in a position description.

Some position descriptions are elaborated in more generic terms and conceptual generalizations; others provide a detailed insight into the physical requirements of the job, as well as the complexity of the cognitive qualifications necessary to satisfy the position.  What a person actually does in one’s Federal or Postal job may well be quite different from how the position description delineates the duties; but somewhere between what one does and what one is described to do contains a happy medium of extrapolating the essence of a Federal or Postal position.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the problem with focusing exclusively upon what one does, as opposed to the position description, is that OPM has no idea what you do, whether you do it, and how you do it, apart from what the position description states.

One is retiring from the position description, not from the real world.  It is the virtual reality which forms the basis of a Federal Disability Retirement application; the real world is beside the point.  Fiction, not reality; the narrative form, not the actual life experience; the excellently formulated disability retirement packet, and not the real-world pain of the medical condition; these comprise the basis of a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire