Federal Worker Disability Retirement: The Accommodation Issue, Redux

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee must satisfy certain requirements (one often views such legal requirements and criteria as “obstacles” as opposed to procedural steps to be taken and satisfied) in order to have what is deemed by the Office of Personnel Management as a “complete” package which can be reviewed and determined for approval or denial.

As part of the requirement, one must have an SF 3112D completed — the Agency’s “Certification of Reassignment and Accommodation” form.  This form is the one which satisfies the question, “Don’t I have to ask for an accommodation from the Agency?”  The answer to the question is satisfied in the very act of the Agency completing the SF 3112D, and one need not separately or independently have asked the agency the question.  It is, as such, part of the administrative process and procedure which the agency must engage in and satisfy.

There is often a mistaken idea that the Federal or Postal employee must make a separate and formal request of the Agency.  But it is in the very act of completing the form — the SF 3112D — that the tripartite issue is resolved:  In the completion of the form, the (A) question of accommodation is asked, (B) the issue of accommodation is answered, and (C) the requirement that the agency address the issue of accommodation is satisfied.

No separate or independent effort, either by the Agency or the Federal or Postal employee, need be expended, for purposes of 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

Medical Retirement for Federal Workers: Agency Human Resources

Ultimately, of course, as has been stated mundanely by many sources, the most valuable “human resources” which any company, Federal, state or local agency possesses, are the employees which perform the essential elements of all of the myriad of jobs and duties required in order to accomplish the mission of the entity.

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, if the Federal or Postal employee has not been separated from Federal service for more than thirty one (31) days, the entire Federal disability Retirement packet must be submitted through the agency Human Resources office, whether at the local level or the district level, for further processing before being forwarded to the Office of Personnel Management.

Even if the Federal or Postal worker has been separated from Federal service for over thirty one (31) days, the agency H.R. Office still must prepare and complete certain forms for submission to the Office of Personnel Management (e.g., the Supervisor’s Statement — SF 3112B — as well as the Agency Certification of Reassignment and Accommodation Efforts — SF 3112D; Certified Summary of Federal Service, etc.).

Whether, and to what extent, the Human Resources Office is helpful in assisting the Federal or Postal employee in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is always up in the air. The feedback received over many years is one of uncooperative neutrality, at best, and open hostility at worst.

Exceptions to such an observation have certainly been encountered, with a satisfying sense of appreciation that, indeed, some individuals recognize that when the time comes that a Federal or Postal employee must by necessity file for Federal Disability retirement benefits under FERS or CSRS, that is NOT the time to abandon the dictum that employees still “count” even though the worth of their work may have been somewhat (and temporarily) diminished.

A constancy of treating the Federal or Postal employee, at any stage of one’s career, is the key to fostering the loyalty of the workforce. Just a thought.

Sincerely,

Robert R. McGill, Esquire