In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the issue of “accommodations” will necessarily surface, if only because the Agency must complete SF 3112D — the Form which is entitled, “Agency Certification of Reassignment and Accommodation Efforts” (which bureaucrat came up with that title?).
Agencies will often choose the wrong box to check because they will either misread the choices or misunderstand what the statements mean. For instance, in the third choice of Question 4, it states, “Yes, describe below the accommodation efforts made, attach supporting documentation and provide narrative analysis of any unsuccessful accommodation efforts.” The problem with the choice itself is that the entire concept of “accommodations” has been clarified, modified, and thoroughly discussed in cases which have been brought before the U.S. Merit Systems Protection Board and the Court of Appeals for the Federal Circuit, and such court opinions have been issued subsequent to the original meaning of the term when the Standard Form was first issued.
But when the Agency completes the form, they will often answer the question in terms of “allowing for liberal use of sick leave” or “letting the employee refrain from doing X, Y or Z”, etc. But allowing for temporary, light duty work does not constitute a “legal accommodation“, and thus does not go to the requested information. In fact, the loosely-used term of “accommodation” is actually no accommodation at all.
What to do about it when it happens? One must be discreet in how to approach it. For most cases, the agency’s lack of understanding will have no impact at all, and it should not be responded to. In other instances…
Robert R. McGill, Esquire
Federal Disability Retirement Lawyer
||Materials and information on this blog are provided for informational purposes only, are general in nature, and do not constitute a legal opinion or legal advice and should not be construed as a legal opinion or legal advice. For more specific information, or to discuss the specifics of your case, you may contact the author for a free, first-time phone consultation.
In considering filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management the issue of possible reassignment will arise — normally as a rather secondary and unimportant facet of the process — as an obligatory agency action.
SF 3112D is a form which the agency must complete. The form essentially affirms that the agency attempted either of 2 things: tried to “accommodate” the Federal or Postal employee, or tried to find a suitable “reassignment” to another existing, available position.
As to the latter, case-law has made it clear that in order for an offer of reassignment to preclude the Federal or Postal employee from continuing with one’s Federal Disability Retirement application, such light or limited duty offer must be at the same pay or grade of one’s current position (there are some complicating details connected with the enunciated standard, but for present purposes, this general rule will suffice).
Sometimes, the Agency or the U.S. Postal Service will find a lower-paying position, and offer it, and the employee will gladly accept it because it allows for continued employment. But one must understand that, if down the road, the Federal or Postal employee finds that he or she is unable to perform one or more of the essential elements of that “lower” position, then it is from that “lower” (and often of lesser responsibilities) position that one will be filing for Federal Disability Retirement.
Just some thoughts to ponder; for, as a general rule, the greater the responsibilities of a position, the lesser the standard of meeting the threshold for a Federal Disability Retirement; and, conversely, the lesser the responsibilities of a position, the higher requirement to prove one’s case in a Federal Disability Retirement application.
Robert R. McGill, Esquire
Federal Disability Retirement Attorney
||This and other articles might or might not have been published before. In this blog edition, we have tried to update them to check over laws and rules that change over time. However, we can’t guarantee the accuracy of this information. If you or a loved one is considering early medical retirement from a Federal or Postal position, contact Attorney McGill to discuss the specifics of your case.
No names will be named. Not for purposes of “protecting the innocent”, because it is doubtful that there are any innocent entities, anyway. Rather, the knowledge that there are some agencies which are worse than others, is widespread knowledge, anyway; and, indeed, if the agencies are “outed”, it would merely be a redundancy to name them.
There are Agencies which, when the name is spoken, it sends shivers down one’s spine, because of the mean spiritedness, the uncooperative attitude, and the sheer incompetency of the Human Resources Department which is designated to process a Federal Disability Retirement application.
Then, there are agencies where the H.R. Department — no matter who in the department is contacted — goes out of their way to assist throughout the entire process. They understand the traumatic nature of a Federal or Postal employee filing for Federal Disability Retirement benefits under FERS. They realize that the designation, “Human” and “Resources” and “Department”, when taken collectively, means that it is the point where employees come to in order to obtain assistance, to engage in a process which may be very personal, and that the resources sought after require the understanding and compassion of individuals.
Ponder that for a moment — that one’s job may entail, as part of the “essential elements of one’s job” — a showing of understanding and compassion. Imagine that.
Robert R. McGill, Esquire
FERS Disability Retirement Attorney
||Articles published in this website are for information only and may not be subject to an attorney-client privilege. They may or may not have been published before in some of our previous blogs such as the Federal Disability Lawyer or the OPM Disability Retirement blog. If you have any specific question about the information presented in this or other articles, please contact attorney Robert R. McGill for a free initial consultation.