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2012

Blog Posts in 2012

  • Why light duty might not always be a reasonable accommodation for federal disability purposes.

    To be eligible for disability retirement under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), your agency must certify that it has been unable to accommodate your disabling medical condition in your present position and has considered you for vacant positions within the same area at the same grade level. I often see instances in which an agency will ...
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  • Why light duty might not always be a reasonable accommodation for federal disability purposes.

    To be eligible for disability retirement under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), your agency must certify that it has been unable to accommodate your disabling medical condition in your present position and has considered you for vacant positions within the same area at the same grade level. I often see instances in which an agency will ...
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  • Accommodations and Disability Retirement, No Conflict

    Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits If you are a federal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the issue of accommodations has to be considered.As one of the eligibility requirements your agency “must certify that it is unable to ...
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  • Will the federal government compensate me if I am "forced" into disability retirement as a result of a hostile work environment?

    As you may have guessed, the answer to this question depends largely on the specifics of your particular situation. Consider the recent case of Anthony Alonzo ( Alonzo vs. The Department of Veterans Affairs, United States Court of Appeals for the Federal Circuit, Case No. SF0752100202-I-1, June 2012 ). Mr. Alonzo alleges that he suffered numerous physical and mental medical conditions as a direct ...
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  • Part VII - Reasonable Accommodation and its Interplay with OPM Disability The Rehabilitation Act/ ADA

    Does the Federal Government Consider Me Disabled? Part VII – Reasonable Accommodation and its Interplay with OPM Disability The Rehabilitation Act/ ADA – OPM Disability CSRS/FERS As stated in previous posts, If you are disabled under the Rehabilitation Act (ADA) and you require a reasonable accommodation, the agency must provide you with that reasonable accommodation unless they can show that ...
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  • Win! Pines Federal Firm Overturns DAB - 14 Day Suspension with Full Back Pay

    In Re: Velena West vs. V.A , DAB Case 51 (2012), Attorney Eric L. Pines represented a Nurse at the Michael Debakey Houston VA Hospital before the VA Disciplinary Appeals Board. The case went to a three-day hearing before a board of three nurse peers. The nurse was wrongfully accused of mistreating a veteran. The testimony included 15 witnesses. Specifically, the director of the VA Hospital, Mr. ...
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  • Does my Federal Agency Consider Me Disabled? : Part VI - Is my Agency Required to Accommodate Me?

    According to the Rehabilitation Act/ ADA the answer is: Yes , but… not necessarily with the exact accommodation that you are seeking. If you are a federal employee who is disabled and you can show that you can perform the essential functions of your job with or without a reasonable accommodation and the agency cannot show that your request causes them an undue hardship then the agency must provide ...
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  • Does the Federal Government Consider Me Disabled? : Part V - Reasonable Accommodation

    How Much Must the Agency Pay to Reasonably Accommodate Me? The Rehabilitation Act / ADA – If you are disabled under the Rehabilitation and you require a reasonable accommodation, the agency must provide you with that reasonable accommodation unless they can show that there is another less expensive effective accommodation or they can show that accommodating you would be an “undue hardship” on the ...
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  • Does the Federal Government Consider Me Disabled? : Part IV Reasonable Accommodation

    How Much Must the Agency Pay to Reasonably Accommodate Me? The Rehabilitation Act / ADA – Now that I can show I am disabled and can perform the essential functions of my job how much does my federal agency employer have to pay to accommodate my disability? This is a very interesting question indeed! When it comes to reasonable accommodation t he agency must accommodate you with an accommodation ...
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  • Does the Federal Government Consider Me Disabled? : Part IV Reasonable Accommodation

    How Much Must the Agency Pay to Reasonably Accommodate Me? The Rehabilitation Act / ADA – Now that I can show I am disabled and can perform the essential functions of my job how much does my federal agency employer have to pay to accommodate my disability? This is a very interesting question indeed! When it comes to reasonable accommodation t he agency must accommodate you with an accommodation ...
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  • Does the Federal Government Consider Me Disabled? : Part III - Essential Functions and Reasonable Accommodation

    The Rehabilitation Act/ ADA Now that I can show I have a disability can I show that I qualify to get an accommodation or be protected under the ADA? You need to show that you can perform the Essential Functions of your job with or without a Reasonable Accommodation! What does that mean? Well practically it means that you can do your job even though you are disabled. For example – Let’s say I am a ...
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  • Does the Federal Government Consider Me Disabled? : Part III - Essential Functions and Reasonable Accommodation

    The Rehabilitation Act/ ADA Now that I can show I have a disability can I show that I qualify to get an accommodation or be protected under the ADA? You need to show that you can perform the Essential Functions of your job with or without a Reasonable Accommodation! What does that mean? Well practically it means that you can do your job even though you are disabled. For example – Let’s say I am a ...
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  • Wrongfully Terminated Veterans Administration Employee Gets Job Back

    In an exciting precedent-setting victory, The Law Office of Eric L. Pines, PLLC has successfully helped a Veterans Administration employee get her job back after being wrongfully terminated for using leave for the birth of her child and to care for her autistic and blind children. The VA had relied upon esoteric legalistic arguments to say that because the employee worked in the Canteen Service, ...
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  • I am a Federal Employee with a Medical Condition - Am I considered "Disabled"?

    Federal reasonable accommodation attorney Eric Pines discusses whether you are disabled as a federal employee with a medical condition. As a federal reasonable accommodation lawyer and advocate, this question has often perplexed me. Why is this question so difficult? I mean- either I have a disability or not, right? This is a question that comes up all too often for a federal employee and his or ...
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  • Does the Federal Government Consider Me Disabled? : Part II

    Rehabilitation Act – ADA In the Does the Federal Government Consider Me Disabled (Part I)? we laid out the definitions of disabled under the Rehabilitation Act. In this post we will focus on what those definitions mean in the real world. Interestingly, the ADA was recently amended by what is called the ADAAA in 2009. This amendment has made the practical reality of what it takes to be considered ...
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