Federal Employee Disability Retirement Law

Tag: Legal accommodation of Federal employees with disabilities

5 Primary Reasons for a FERS Disability Retirement Denial

As a general rule, denials will normally be sent by the U.S. Office of Personnel Management by Certified Mail with a signature requirement. If the correspondence is otherwise received by regular mail with no such signature requirement, it is likely either a request for additional information or an approval. Preliminarily, it is crucial to point out that a Federal employee or U.S. Postal worker who receives a denial in response to an application for Federal Disability Retirement benefits must file a Request for Reconsideration within 30 days of the date of the Denial Letter — NOT 30 days from the receipt of the denial.

Read More »

FERS Disability Retirement: Accommodations, in Practical Terms

The issue of accommodations for the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, can be a complicating factor. On the one hand, the entire issue may be approached as merely comprised of, and dispensed with, a single form – Standard Form 3112D, otherwise entitled, “Agency Certification of Reassignment and Accommodation Efforts”.

Read More »

The Difference between “Accommodation” Used in a General Sense, and in a Legal Sense

When a Federal or Postal employee files an application for Federal Disability Retirement benefits under FERS or CSRS, one of the many issues immediately introduced, and which must be confronted, is the legal issue of “accommodation”. The fact that you can show that a medical condition prevents you from performing one or more of the essential elements of your job, is merely the first step in proving eligibility for Federal Disability Retirement benefits. […]

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 Federal 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 “Limited-Duty Assignments” — all need to be clear that your are NOT BEING ACCOMMODATED, AND THEREFORE YOU HAVE A RIGHT TO FILE FOR DISABILITY RETIREMENT.

Read More »
Scroll to Top