To be eligible for Federal Disability Retirement your agency will need to show that they weren’t able to accommodate you because of your medical condition. They’ll also need to show that they weren’t able to place you in another position within the agency that would fit your needs.
This might seem straightforward, but it can be difficult to understand if you don’t know all the details.
So, what does reasonable accommodation really mean and how can it affect your Federal Disability Retirement application?
Accommodation
Accommodation is an adjustment made to your job or work environment that lets you do the essential parts of your job. Reasonable accommodation applies to both your current position and to any vacant position that you might be reassigned to. These accommodations can include:
- Modifying work space
- Adjusting work schedule (if it’s still to the terms in your job description)
- Restructuring your job (if the essential job functions stay the same)
- Ergonomic desks, etc. that help deal with pain
Your agency must try everything to help accommodate you before you consider Federal Disability Retirement. If your agency grants you an accommodation that lets you perform all the functions of your job, you won’t be eligible for Federal Disability Retirement since you’ll be able to do your job without issues.
But sometimes your agency will grant you an “accommodation” that doesn’t allow you to do all the duties of your position. If that happens, the OPM doesn’t see it as a valid accommodation – meaning they see that as your agency being unable to accommodate you. This would actually be supportive to your claim for Disability Retirement. Here’s a few examples of accommodations that the OPM doesn’t consider valid:
- Letting you use up leave to keep you at full time
- Removing job duties
- Part-time work schedules, especially if your job description states you’re in a full-time position
- Reassignment to positions that aren’t at your pay level, etc.
Reassignment
Like accommodation, federal agencies must make every effort to keep an employee throughout the reassignment process. When you begin the process of FDR, your agency must review all vacant positions in the same grade and pay level and within the same commuting area to determine if you meet the minimum qualifications for a vacant position. The position must be a real one, not one your agency “made up.” You are considered qualified for reassignment when you meet the minimum qualifications for a vacant position.
Refusal of Reassignment
If your agency locates one or more available positions at the same grade and pay level and within the same commuting area that you’re qualified for, and you refuse that assignment, OPM will not approve your application. Further, accepting a position at a lower pay or grade will have the same outcome at OPM.
On the other hand, you may decline an offer to a position at a lower pay or grade level, a position of less tenure or a position in another agency or commuting are without it affecting your eligibility for FDR.
Harris Federal Law Firm assists federal employees with their Federal Disability Retirement applications. If you think you may qualify, don’t hesitate to call us 877-226-2723 to set up a free consultation today.
