OPM Standard Form 3112D: Agency Certification of Reassignment and Accommodation Efforts:
What does it mean to accommodate, and what, pray tell, constitutes an “effort” to do so? Is the agency’s obligation to pursue avenues of reassignment or accommodation satisfied by the mere completion of SF 3112D and, if not, does the agency merely pay lip-service in its obligation, or are continuing efforts required to be actively undertaken?
If the Federal employee or Postal worker advances throughout the bureaucratic morass and finally gets an approval for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, what happens if, in the meantime, such agency efforts to continue to search for a suitable reassignment position, or a capacity to actually accommodate the medical condition, is attained?
Does a successful positional reassignment negate the Federal Disability Retirement application if such an offer of reassignment is refused by the Federal employee or Postal worker prior to an approval of a Federal Disability Retirement application?
If a Federal or Postal employee is given a temporary duty assignment, and the length of such an assignment or occupation of such a position is for an unlimited amount of time, does that impact a Federal Disability Retirement application as it sits pending a review by the U.S. Office of Personnel Management? What constitutes a legally viable accommodation? What is considered a valid reassignment?
Has the case-law, whether through the U.S. Merit Systems Protection Board or through the Federal Circuit Court of Appeals changed, altered, amended or expanded upon the concept of an accommodation or one’s right to a reassignment at the same pay or grade?
Is the issue of reassignment or accommodation as simple as SF 3112D makes it appear, or are there hidden regulatory, statutory and legal ramifications which must be carefully considered and side-stepped in having SF 3112D completed? Does the Federal employee or Postal worker who is filing for Federal Disability Retirement benefits have any input when the agency completes the OPM SF 3112D PDF Form?
These, and many more questions, need to be considered when a Federal or Postal employee, whether under FERS or CSRS, begins to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.
Robert R. McGill, Esquire