Last Updated on January 21, 2022 by FERS Disability Attorney
Often, Agencies will proceed to propose a removal of a Federal or Postal employee based upon reasons which clearly “imply” one’s medical inability to perform one or more of the essential functions of one’s job, but explicitly, based upon other stated reasons — e.g., “Failure to Maintain a regular work schedule” or “Being Absent Without Official Leave (AWOL)“. Then, the frustrating scenario is when the Agency — in the body of the proposed removal letter — refers to and acknowledges the existence of multiple medical conditions which form the foundation, reason and justification for being unable to maintain a regular work schedule or being absent from the job (whether with or without official sanction or approval).
The key in such circumstances, of course, is to try and attempt to make the “implicit” (references to one’s medical conditions and their impact upon one’s inability to perform one’s job) “explicit” (having the Agency change or amend the reasons to instead state: “Removal based upon the employee’s Medical Inability to Perform his or her job”). Such a change, of course, would be helpful in a Federal Disability Retirement application under FERS or CSRS, precisely because it would invoke the Bruner Presumption, which would then make it that much more difficult for the Office of Personnel Management to deny a Federal Disability Retirement application. For, that is the ultimate goal: to obtain an approval of the Federal Disability Retirement application; and any such advantage gained brings the Federal or Postal employee one step closer to that ultimate goal.
Sincerely,
Robert R. McGill, Esquire
Tags:
"AWOL" for medical reasons,
amending a pending removal against a federal employee,
compromise over a removal from service action opm disability,
condition that prevents to perform the essential functions,
conditions that prevent performing the essential elements of your fed job,
CSRS disability retirement federal attorney,
deficiency in performance or attendance requirement,
disability retirement or terminantion,
explaining relationship of disability with job performance,
explaining the "nexus" as one of the most important issues in the medical report,
explaining the relationship of job performance and medical disability to the opm,
federal employee removal due to medical conditions,
federal employment and resignation letter,
FERS disability retirement,
fighting a proposed removal by Postal management,
from sick leave to lwop to owcp to opm to financial survival,
how your conditions affect your job performance,
inability or unwillingness to accommodate disabled federal employees,
inability to perform core functions of a us government job,
inability to perform one's job,
it's all about work disability and job performance,
medical evidence that you can not longer perform the essential tasks of a federal job,
medical inability to perform a federal job,
Nexus between Medical Condition and Essential Elements,
nexus between medical disability and job performance,
Notice of Proposed Termination,
OPM disability retirement,
opm disability retirement and the federal employee job performance,
personnel termination action in federal employee,
physical inability removal,
postal service worker terminated awol sick leave,
proposing change of termination terms to apply bruner presumption,
removal for unsatisfactory performance in federal employment,
seeking to apply bruner presumption after termination,
separated because of the employee's inability to work,
sick leave in OPM disability,
termination from federal employment for conduct or performance issues,
the postal service and the supervisor's use of awol to retaliate against injured employees,
USPS disability retirement,
usps termination for accident,
what excuses federal agencies use to terminate disabled federal workers,
what is really important is the nexus of medical condition and job performance,
what to do if there is a proposed termination pending against the fed worker?,
what you write in resignation letter might impact your opm disability benefits,
what your main job should be: focusing on how your disability affects your federal job performance,
when the agency ignores medical issues during termination proposal,
when the employee can no longer perform the basic elements of his job,
when the postal service accuses you of awol,
when the postal service wants the resignation of an ill employee,
wrongful termination in the postal service
5 thoughts on “Early Retirement for Disabled Federal Workers: The “Almost” Medical Inability to Perform Termination”