If you are a federal employee seeking federal disability retirement, you’ll quickly discover the important part your supervisor plays in the process.
The supervisor statement is a requirement of any application for retirement on the grounds of disability.
In the statement, the federal employee’s supervisor will certify a number of important requirements. One key certification is that the federal employer is unable to provide reasonable accommodation for the employee’s disabilities.
The relevant question is how far a government agency has gone in attempting to accommodate the employee who has applied for federal disability retirement.
As a federal employee you are entitled to a reasonable accommodation if you are suffering from a condition that makes it difficult for you to perform the essential functions of your position.
To be eligible for disability retirement under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), your federal agency or the postal service 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.
Generally the accommodation required by a federal agency is the same consideration owed to an individual seeking accommodation under the Americans with Disabilities Act.
The reasonable accommodation may comprise adjustments to the work schedule, to your work duties, or to your working environment.
There are also accommodations of last resort when none of the three traditional categories are possible. Reassignment to a vacant job which the federal employee or postal worker is qualified for, is an example.
Where none of these reasonable accommodations is possible, your supervisor can certify he or she has tried to accommodate you, but it was not possible, in support of an application for federal disability.
For more information on OPM disability or other federal employment matters, contact Pines Federal to schedule an initial consultation.
Pines Federal represents US Federal Employees before the EEOC, MSPB, FLRA, OSC and Union Grievances as well as assisting them with obtaining their disability benefits claims from OPM and the MSPB. Pines Federal represents federal employees nationwide and wherever else they may be stationed.
Mr. Pines has a unique and special interest in assisting disabled federal employees in obtaining reasonable accommodations, freedom from discriminatory treatment and OPM Disability Benefits if necessary. Mr. Pines and his firm have experience drafting over 70 EEO Final Agency Decisions as well as representing 100’s of employees in navigating the EEO Reasonable Accommodation and OPM Disability landscape.
If you are a Federal Employee or former Federal Employee we believe it is very important that you consider hiring an attorney with specific experience handling such claims in the federal employee landscape. The federal legal system is unique and unlike any other legal system as it has many procedural and legal differences from non-federal employment law. The time and money it takes to hire an attorney who does not have federal sector experience and have them get up to speed in the federal sector legal environment can often waste valuable time and financial resources for the unknowing federal employee. It is often a much better value and much less frustrating to hire someone who solely practices in the federal employee labor and employment field. Attorney Eric L. Pines has practiced solely in the federal employee field for over 17 years. For a review of recent successful case decisions please see the following link.
No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice.
The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case.
It is very important that the Law Offices of Eric L. Pines, PLLC notes that each and every Federal Employee’s claim is different. Just because the Law Offices of Eric L. Pines, PLLC was able to secure substantial past-due benefits for one Federal Employee does not mean or imply that we will be able to do so for you. In some cases, the Law Offices of Eric L. Pines, PLLC may not be able to secure any financial compensation or past-due benefits due to the facts or law of your particular case.