Federal Disability Retirement: Peripheral Vision

Something catches one’s notice; perhaps an odd movement, a dotted color scheme of minute origins and insignificant except in contrast to the toneless surroundings; or, because of a survival instinct still active from a forgotten history of evolutionary need, a signal of caution that danger may be lurking.  The eyes shift; the attempt to focus upon that which was noticed through one’s peripheral vision, is suddenly lost forever.

No matter how hard you try and focus upon that which seemed perceptually evident, but somewhat indistinct, where one’s peripheral vision caught a moment of certainty, but now the direct visual assault is unable to locate that which existed outside of the parameters of the obvious.  As much in life is an anomaly which can only be adequately cloaked in metaphors and analogies in order to reach a semblance of understanding and comprehension, so the loss of that which existed on the edge of perception can never be understood, where directness fails to hit the target, but indirectness does.

Much of life is like that; we think we have it all solved, or under control, when suddenly chaos and the abyss of timeless disruption overtakes us.  Medical conditions have a tendency to do that.  It is, to a great extent, a reminder that our souls are not the property of our own selves, but only on borrowed time, to be preserved and valued through a course of time within a boxed eternity of complex circumstances.

For Federal employees and U.S. Postal Service workers, when a medical condition hits upon the very soul of one’s being, and begins to prevent one from performing one or more of the essential elements of one’s ability to perform the positional duties of the Federal or Postal job, consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

The beauty of life can be missed entirely if the focus is always upon the directness of existence; sometimes, we lose sight of the obvious when we fail to prioritize and organize the conceptual constructs given to us in a world of color, light and blazing conundrums of caricatures.  A medical condition is a trauma upon the body, mind and soul; continuing in the same directed assault upon life, without pausing to change course, is the worst path one can take.

Filing for Federal Disability Retirement benefits is an option which allows for reduced stress, potential future security, and time acquired in order to attain a plateau of rehabilitative peace.  It is a benefit offered to all Federal and Postal employees who have met the minimum requirements of Federal Service. That once forgotten art of perceiving beauty in a world of concrete and ugly structures of septic silliness; it is often the peripheral vision which catches a glimpse of life, and not the monotony of mindless work forging ahead in a blind alley of repetition.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Further Reflections on Accommodations

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

OPM Disability Retirement: The Reality of Accommodations

Medical conditions test the value of a worker; for, while people may engage in theoretical discussions of “cost-benefits analysis“, where the cost of X is compared and contrasted to the benefit of Y, such that the hypothetical analysis results in a business decision based upon pure economic need — the reality of such an approach rarely gets a true test beyond such dinner table discussions.  But when a Federal or Postal Worker begins to suffer from a medical condition, such that the medical condition visibly impacts one or more of the essential elements of one’s job, then the economic paradigm of a cost-benefits analysis is applied, whether overtly or in a more subtle, inconspicuous manner.

The agency may recognize the need to allow for temporary suspension of certain positional duties — travel may be taken up by some other employee; heavy lifting may need an additional helper; telecommuting may be a viable option.  The cost of such temporary measures is felt in the work left undone; the benefit is accrued by the experience, wisdom, and knowledge of the disabled retained worker.  In rarer occasions, a formal request for an accommodation may be submitted by the Federal or Postal Worker, and an administrative process of attempting to provide a legally viable accommodation may ensue; but that is a rare process, indeed.

The reality of accommodations in the Federal sector is one of practical need versus the trouble such attempts bring; for the Federal or Postal Worker, whether under FERS or CSRS, the true option left is to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  Such an option results from an agency being tested — and loyalties revealed.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Accommodating Agency

During the course of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the issue of “accommodations” must be addressed — if only in completing Standard Form 3112D (otherwise designated as “Agency Certification of Reassignment and Accommodation Efforts”).

It may well be that the Federal or Postal employee’s employing agency has been performing an informal “cost-benefits” analysis throughout the years, and that certain attempts at accommodating the Postal worker’s or other Federal employee’s medical conditions have been ongoing.

Thus, such attempts may include temporary suspension or unofficial elimination of certain key elements of one’s position description; allowance for teleworking for all or part of a workweek; disallowing necessary travel for onsite inspections, etc.  These and other attempts by an agency in order to retain the experience and technical expertise of a Federal or Postal employee, are all honorable and reasonable measures by the agency to keep the employee employed.

When the time comes, however, for the Federal or Postal employee to file for Federal Disability Retirement benefits because he or she has reached a “point of no return” in terms of the progressively debilitating nature of the medical condition, where all such informal accommodations are no longer helpful in allowing for continuing functionality in the workplace, the Federal or Postal entity may well have always considered such measures to meet the standard of an “accommodation”.  Such a thought process is normally wrong.  But agencies, in completing SF 3112D, will often thoughtlessly attempt to characterize such prior attempts as legally-viable accommodations.

It is up to the Federal or Postal Disability Retirement applicant to point out the error — something which OPM is more than willing to pounce upon unless corrected by the applicant or his/her attorney.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Complication of Accommodations

The problem with most people is that they come at a conversation with a selective focus — and listen for that which they want to hear, and filter all other information which fails to fit the paradigm of their predetermined perspective.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of accommodations via Standard Form 3112D comes to the fore — often because of the selective focus of issues on the part of OPM.

The fact that an agency may have engaged in work-place modifications, or allowed for temporary alleviation of certain elements of one’s job description; or even provided a state-of-the-art ergonomic chair with 3-speed controls with horizontal landing mechanisms — does not mean that the agency was able to, or did, accommodate the Federal or Postal employee under the legal meaning of that which constitutes a viable “accommodation” .

For, that which the agency does must allow for the Federal employee to perform the essential elements of his or her job, and any such attempted “accommodation” which does not meet that standard, is technically not an accommodation at all.  It is merely an artifice and a cosmetic make-over in an effort by the agency which allows for the agency to declare that they have “accommodated” the individual Federal or Postal employee.

Rarely does the question on SF 3112D get accurately responded to; for, the concept of “attempted” accommodations is precisely the point — if it was attempted, and did not work, then the agency has an obligation to concede and describe that point; but from the Agency’s myopic perspective, any “attempt” constitutes an accommodation, and the U.S. Office of Personnel Management will embrace such an assertion with open arms.

What to do about it?  Always focus upon the central point of a Federal Disability Retirement application — it is a medical retirement.  Thus, the doctor’s opinion is sacrosanct, and should be repetitively emphasized.

Sincerely,

Robert R. McGill, Esquire

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

Disability Retirement for Federal Workers: The Legally Sufficient Accommodation

Whether the Federal Agency or the U.S. Postal Service has offered a legally-viable accommodation is determined by the criteria of an offer made which is either at the same pay or grade as the position one currently occupies; but, moreover, as the Bracey case and subsequent cases which elaborate upon the issue have made clear, it cannot be a position which is merely “made up” or temporary by nature, or one in which the current Supervisor merely whispers in one’s ear and says, “Just don’t do X, Y and Z essential elements of the job.”

The reasoning behind the view that such a temporary, modified “position” does not constitute an “accommodation” under the law — and therefore would not prevent eligibility for Federal Disability Retirement benefits — is easily justified by the age-old adage that, where one lives by the sword, one dies by the sword; meaning, thereby, that if Supervisor X can simply suspend certain essential elements of a job, a future Supervisor Y can just as easily reinstate the requirements of performing those previously-unattended elements, and require that they be performed.

That being said, there is nevertheless nothing wrong with an Agency allowing for a Federal or Postal worker to work at a position and lessen the requirements of the job.  For some, it may be that such a modified position is acceptable, especially in light of receiving a regular paycheck.

The issue of “accommodations” should not be confused with the eligibility requirements of being able to file for, and be approved with, Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  There is the issue of legally-sufficient accommodation for purposes of preparing, formulating and filing for Federal Disability Retirement benefitsfrom the U.S. Office of Personnel Management; then, there is the commonplace parlance of being informally “accommodated” if one wants to continue to work; the two are not contradictory.

Sincerely,

Robert R. McGill, Esquire