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: A New Beginning

After representing so many Federal and Postal employees over these many years, there are stories which continue to sadden me; as with all professionals, I attempt to bifurcate my life, and not get “personally” involved with my cases. To blur the lines between providing […] 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 …

FERS & CSRS Disability Retirement: Agency’s Actions Can Sometimes Be To Your Advantage

Postal employees, there is nothing inherently wrong with an Agency offering you modified or light duty assignments. If your Agency deems you to be valuable, they may want to modify your position in order to keep you. However, the mere fact that you accept and work at a “modified” position does not mean that you Read More …

Additional Guidance on Disability Retirement Supervisor’s Statement

Some have asked me whether acceptance of a temporary light duty assignment is of concern in a disability retirement application. If you look at SF 3112B (Supervisor’s Statement), Section E(3), the question is whether the employee has “been reassigned to ‘light duty’ or a temporary position? If the Supervisor answers “No”, then of course there 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 …