Because the term “accommodations” is rarely understood in its technical and legal sense, there is often the danger of a Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS to “shoot one’s self in the foot” in the very use of the term — or in checking certain boxes on the application form (specifically, SF 3112A, Applicant’s Statement of Disability), and further, there is the added danger that the Agency, in completing a Supervisor’s Statement or the SF 3112D, will mis-apply and mis-state the import, significance or relevance of any actions taken in attempting to assist the Federal or Postal employee.
Indeed, in a Supervisor’s Statement (SF 3112B) there are many instances in which the Supervisor completing the form will contradict him/herself when it comes to the issue of accommodations. Moreover, the applicant him/herself will often mis-state the issue of accommodations on SF 3112A.
The term “accommodations” has a very narrow definition, and must be used and applied to the advantage of the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS. Additionally, it is not out of the realm of possibilities that the Office of Personnel Management also (whether deliberately or by chance) uses the very misuse (by the Applicant) of the term to its advantage. In all cases, the term “accommodations” must be used and referred to carefully, technically, and with full insight of all of its consequences in the use or misuse of the word.
Sincerely,
Robert R. McGill, Esquire
Filed under: Accommodation and Light Duty, Reflections of an OPM Disability Retirement Lawyer | Tagged: a common fallacy: I won't qualify for disability retirement if the federal agency accomodates me, accommodation efforts in the 3112a, accommodation under OPM disability law, blogs owcp and opm disability issues, civil service disability, CSRS disability retirement federal attorney, disability retirement for postal workers under limited duty, disability retirement opm legal accommodation, excessing light duty from post office, federal disability law blog, federal workmans comp limited duty capacity, FERS disability retirement, how federal managers define adequate accommodation in the workplace, ill postal workers and lack of viable accommodation plans in the usps, incentives to light duty employees to remain productive, injury compensation and light limited duty, law firm representing clients in opm disability law all across america, legal accommodation for Postal workers, legal accommodation under fers disability rules, light duty accommodation retirement, light duty and limited duty concepts in the federal workplace, light duty and reasonable accommodation, limited duty and rehab employees in the postal service, limited duty assignments united states postal service, minor job adjustments are not accommodations under fers disability law, nationwide representation of federal employees, one more warning about the 3112a and "accommodation efforts" by your agency employer, OPM disability retirement, owcp accommodations, postal service disability retirement, real accommodation under federal disability retirement law, reasonable accommodation of federal workers, Standard Form 3112D, the disabled federal worker and accommodation issues at the workplace, the perception of accommodation among federal supervisors, the postal service's influence on disability matters through the sf 3112d, the postal supervisor and the sf 3112b, using the legal definition of accommodation in the 3112a, usps accommodation, USPS disability retirement, usps light duty is usually not real accommodation under opm disability rules, usps management reasonable accommodation, what's really legal accommodation under the fers and csrs statues | Leave a comment »
Disability Retirement for Federal Workers: The Exaggerated Supervisor’s Statement
In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the Federal and Postal employee should focus upon those aspects of the OPM Medical Retirement which are under his or her “control” — directly or indirectly — and not worry excessively about those things which are beyond one’s control or responsibility.
Thus, obtaining the proper medical documentation; accurately, succinctly and coherently formulating the Applicant’s Statement of Disability on SF 3112A, etc., are within the purview of one’s control and responsibility. Having the Supervisor complete the Supervisor’s Statement — SF 3112B — is part of the required final Federal Disability Retirement packet; what is contained within the parameters and confines of the form itself, however, is often beyond one’s control.
While one assumes that a Supervisor’s Statement will be completed with a fair amount of accuracy, it will necessarily contain a certain perspective, intent, and often a sense of “protecting” the agency’s interest and goals. Thus, the Supervisor will often overstate the extent of an attempted accommodation engaged in, real or imagined, in order to justify its actions concerning the Federal or Postal employee. Further, it will often mis-state the concept of “light duty” and how it relates to accommodating the Federal or Postal employee. In other sections of SF 3112B, it may over-state and exaggerate the employee’s conduct or impact of the medical conditions upon the Agency’s workload.
An exaggerated Supervisor’s Statement will often be helpful to a Federal Disability Retirement case. Don’t be too hasty in attempting to correct inaccuracies and differing perspectives; sometimes, the exaggerated statements are merely differences of opinions and viewpoints, and may in fact be helpful in obtaining an approval from the Office of Personnel Management.
In any event, a Supervisor’s Statement is beyond one’s control — and undue focus upon those issues beyond one’s control can detract from the greater mission at hand.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Application - SF 3112B Supervisor’s Statement for CSRS and FERS | Tagged: 3112b supervisor's narrative and its inaccuracies, an exaggerated supervisor's statements of disability, assessment for postal disability retirement from supervisor, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, don't worry too much about the opm disability claim supervisor's statements, federal supervisor response to employee work injury, fers disability application supervisor comments, FERS disability retirement, injured employees working under abusive supervisors, legal services for federal and postal workers all across america, OPM disability retirement, postal service disability retirement, postal supervisors and managers, postal supervisors' definition of accommodation, SF 3112B Supervisor’s Statement, supervisors and disabled employees in the US federal agencies, taking control of your federal disability application, the applicant's control of the opm disability application and process, the postal supervisor and the sf 3112b, trying to change things you have some control over, USPS disability retirement, worrying about things out of your control | 1 Comment »