Accommodations and Disability Retirement, No Conflict
November 29, 2012 By The Law Offices of Eric L. Pines, PLLC
Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits
If you are a federal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the issue of accommodations has to be considered.
As one of the eligibility requirements your agency “must certify that it is unable to accommodate your disabling medical condition in your present position and that it has considered you for any vacant position in the same agency, at the same grade or pay level, and within the same commuting area, for which you are qualified for reassignment,” states the U.S. Office of Personnel Management.
It may sound complex and daunting but in reality it’s something of a non-issue for applicants for Federal Disability Retirement benefits. That’s because the agency is unlikely to be able to reassign you to another position at the same grade or pay level or provide an accommodation that will allow you to perform the essential elements of the positional job requirements.
Put simply, most federal employees who file for Federal Disability Retirement have a non-accommodatable medical condition. If your disability renders you unable to do your present federal job, chances are you won’t be able to do another.
There is also a wealth of case-law that should reassure any employee considering filing for Federal Disability Retirement benefits, that the accommodation issue is unlikely to pose a problem.
The filling in of a form — SF 3112D, by the Human Resources Department of the agency, should effectively deal with the accommodation issue. If you are in doubt you should consult an experienced federal employee attorney.
See the advice of our federal employee attorneys – I am a federal employee with a medical condition. Am I considered to be disabled?
If you are a federal employee who considering OPM Disability Retirement we would be happy to speak with you and discuss assisting you in this issue or any other.
ABOUT THE AUTHOR: Eric L. Pines, Esq.
Specializing in analysis, training, litigation, and mediation, Mr. Pines focuses on EEO, labor arbitration, MSPB, FLSA (Overtime) and OPM Disability, Disability Discrimination (Rehabilitation Act) for both CSRS and FERS employees. Over the past 16 years he has successfully litigated or settled over 90 EEO and labor arbitrations. Mr. Pines has the passion and expertise to represent disabled federal employees in pursuing violations of the Rehabilitation Act (ADA) and violations of collective bargaining agreements.
Copyright The Law Offices of Eric L. Pines, PLLC
More information about The Law Offices of Eric L. Pines, PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
As one of the eligibility requirements your agency “must certify that it is unable to accommodate your disabling medical condition in your present position and that it has considered you for any vacant position in the same agency, at the same grade or pay level, and within the same commuting area, for which you are qualified for reassignment,” states the U.S. Office of Personnel Management.
It may sound complex and daunting but in reality it’s something of a non-issue for applicants for Federal Disability Retirement benefits. That’s because the agency is unlikely to be able to reassign you to another position at the same grade or pay level or provide an accommodation that will allow you to perform the essential elements of the positional job requirements.
Put simply, most federal employees who file for Federal Disability Retirement have a non-accommodatable medical condition. If your disability renders you unable to do your present federal job, chances are you won’t be able to do another.
There is also a wealth of case-law that should reassure any employee considering filing for Federal Disability Retirement benefits, that the accommodation issue is unlikely to pose a problem.
The filling in of a form — SF 3112D, by the Human Resources Department of the agency, should effectively deal with the accommodation issue. If you are in doubt you should consult an experienced federal employee attorney.
See the advice of our federal employee attorneys – I am a federal employee with a medical condition. Am I considered to be disabled?
If you are a federal employee who considering OPM Disability Retirement we would be happy to speak with you and discuss assisting you in this issue or any other.
ABOUT THE AUTHOR: Eric L. Pines, Esq.
Specializing in analysis, training, litigation, and mediation, Mr. Pines focuses on EEO, labor arbitration, MSPB, FLSA (Overtime) and OPM Disability, Disability Discrimination (Rehabilitation Act) for both CSRS and FERS employees. Over the past 16 years he has successfully litigated or settled over 90 EEO and labor arbitrations. Mr. Pines has the passion and expertise to represent disabled federal employees in pursuing violations of the Rehabilitation Act (ADA) and violations of collective bargaining agreements.
Copyright The Law Offices of Eric L. Pines, PLLC
More information about The Law Offices of Eric L. Pines, PLLC
View all articles published by The Law Offices of Eric L. Pines, PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
