CSRS & FERS Disability Retirement: Interaction with OWCP/DOL

I receive calls periodically as to whether it is of greater advantage to remain on Worker’s Comp (Department of Labor, Office of Workers Compensation Program — “OWCP”) as opposed to going out on OPM Disability Retirement. My answer remains the same: OWCP is not […] Read More …

OPM Disability Retirement: Can the Agency Accommodate You?

The term “accommodations” continues to be a highly misused one. There is the general conceptual application, as when an agency attempts to do something to help a Federal or Postal employee by “allowing” for “light duty”, or allowing […] Read More …

OPM Disability Retirement: Agency Supervisors & Their Responsibility

Agency Supervisors possess powers which can be easily misused. As such, the Supervisor who must fill out a Supervisor’s Statement — Standard Form 3112B — for the disability retirement applicant, must do so with care, integrity, and […] Read More …

CSRS & FERS Disability Retirement: The Lawless Supervisor

Every now and then (or perhaps more often than we like to think) a Supervisor will fill out the SF 3112B (Supervisor’s Statement) with such venom and innuendo and half-truths, as to make the disability retirement applicant out to be John Gotti’s half-brother and […] Read More …

CSRS & FERS Federal Disability Retirement: When the Office of Personnel Management Fails to Apply the Law

Federal disability retirement law is often a frustrating process. On the one hand, for an attorney, it can be a professionally satisfying area of law to practice because the end result — obtaining a benefit for an individual who has shown […] Read More …

OPM Disability Retirement: To Resign or Not To Resign

I am often asked whether or not it is okay to resign from the Agency prior to either (1) filing for disability retirement or (2) receiving a decision from the Office of Personnel Management. A decision to resign from the Agency must be weighed very carefully, for there are multiple factors which must be considered. Read More …

Recurring Issues of Disability Accommodation, Light & Limited Duty, and the Form Filling of the OPM SF 3112D PDF File

The issue of Agency Accommodations — whether or not an agency can truly “accommodate” an individual; what constitutes a legal accommodation as opposed to temporary light-duty arrangements which do not constitute legally viable accommodations under the standards as expressed in Bracey v. OPM and other cases — keeps coming up in the form of questions and Read More …

Federal Disability Retirement and the Agency Cover of “Accommodation”

I am receiving too many phone calls from people who have been fooled by his/her Agency that they have been “accommodated”, and therefore they cannot file for disability retirement. From Federal Workers at all levels who are told that they can take LWOP when they are unable to work, to Postal Workers who are given Read More …