Last Updated on May 15, 2009
As part of a Federal or Postal employee’s process of filing for Federal Disability Retirement benefits, one may have to negotiate, respond to, or fight against an unfair Agency’s attempt to remove the Federal or Postal employee — based upon factors other than what is truly the underlying basis — of his or her medical inability to perform the essential elements of the Federal job. For whatever reason — of incompetence, of pure unkindness, of personal vendettas, etc. — Agencies will often refuse to remove an individual for the administratively neutral reason (by “neutral”, to mean that it is not an “adverse” action) of “medical inability to perform the essential elements of the job”. Instead, they will often revert to other reasons: “excessive absences”, “AWOL”, “excessive LWOP”; “violation of a PIP”, and other such overtly misleading reasons. When, the truth of the matter is/was, the Federal or Postal employee was sick, has a medical condition, and could not come to work because of medical reasons. Be careful. Fight the removal action. Don’t accept the unfair basis. File an appeal with the Merit Systems Protection Board. Remember, a removal for medical inability to perform the essential elements of the job can help you get an approval in a disability retirement application. Better yet, hire an attorney who will fight for you.
Sincerely,
Robert R. McGill, Esquire