Federal and Postal Disability Retirement: The Non-issue of Accommodations

As has been previously written about on multiple occasions, the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, will encounter and confront the issue of “accommodations” in the course of preparing, formulating and filing for Federal Disability Retirement benefits.

For most Federal and Postal employees, the issue itself is a “non-issue”, in that the agency will neither be able to either reassign the employee to another position at the same pay or grade, nor provide for an accommodation which is legally sufficient such that the Federal or Postal employee will be able to continue to perform all of the essential elements of one’s positional job requirements.

Further, most Federal or Postal workers who file for Federal Disability Retirement benefits from OPM have what the undersigned attorney terms as a “non-accommodatable” medical condition — i.e., the particular type of medical condition is simply inconsistent with the individual type of job which the Federal or Postal employee is slotted in.  Thus, it is really a non-issue. This non-issue is, for the most part, taken care of and disposed of by the completion of a single form — SF 3112D, which is completed by the Human Resources Department of the agency, or at the H.R. Shared Services office in Greensboro, N.C. for the Postal employee.

While an important and complex issue, the case-law has effectively de-fanged any concerns about accommodations, such that the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits need not be overly concerned with such a non-issue.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Clarifying Accommodations

There is a conceptual and legal distinction to be made between an Agency’s “accommodations”, as used in a loose, non-technical manner, and being “accommodated” in accordance with the laws, regulations and statutes governing Federal Disability Retirement under FERS or CSRS, and as intended in usage on Standard Form 3112D, Agency Certification of Reassignment and Accommodation Efforts for the Office of Personnel Management.  

Often, when a Federal or Postal employee becomes injured (whether on the job or while on vacation is an irrelevancy for purposes of Federal Disability Retirement eligibility), the Agency will attempt to lessen the workload, allow the Federal or Postal employee to work in a modified manner, allow for “light duty” assignments, or even temporarily suspend certain essential elements of one’s job (travel, heavy lifting, required overtime, e.g., etc.), and such efforts on the part of the Agency are commendable, allowable, and perfectly within the acceptable structures of law.  

Such efforts by the Agency are often referred to loosely as an attempt to “accommodate” the Federal or Postal employee’s medical conditions, and indeed, it is a correct (but non-legal and non-technical) use of the term.  It is not, in terms of legal sufficiency, an “accommodation” to the extent that the narrow definition of what it means to be “accommodated” under the law is that an agency will provide an accommodation such that the Federal or Postal employee, with the accommodation, will be able to perform all of the essential elements of what the position requires.  

Lessening the duties temporarily, or suspending certain essential elements of the job for a prescribed period of time, does not allow for the Federal or Postal employee to perform those essential elements of the job, and therefore is not technically an “accommodation”.  That is why most accommodations are not accommodations at all, and as such, those accommodating actions by the agency do not preclude a Federal or Postal employee to file for, and be eligible for, Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire