Last Updated on February 18, 2011 by FERS Disability Attorney
Whether inadvertently or not, an Applicant who has formulated, prepared and filed a Federal Disability Retirement application either under FERS or CSRS will make it easy for the Office of Personnel Management to deny a case.
Thus, for instance, on the Applicant’s Statement of Disability, where the applicant is asked concerning the status one is in at the agency, if the applicant agrees with the Agency or the Supervisor that the Agency has “accommodated” the individual in his or her employment, then the Office of Personnel Management will often focus selectively upon that answer and argue that, inasmuch as X has stated that the employee has been accommodated, and Y (the employee — you) has agreed with the agency, therefore Y is not eligible or entitled to Federal Disability Retirement benefits because Y has been accommodated.
But, as it has been previously stated on multiple occasions, the term “accommodation” is a technical term of art, and if one fails to appreciate the nuances of the term, the applicant who is filing for Federal Disability Retirement benefits under FERS or CSRS can fall into the trap of using the term in a non-technical, general way, and thereby defeat one’s own application for Federal Disability Retirement benefits.
Sincerely,
Robert R. McGill, Esquire
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Unique case.
I work Law Enforcement and failed the periodical medical exam for hearing. Filed CA-2, authorized cash payment and hearing aids. Agency sent me back for more testing and the audiologist stated I no longer meet their standards on the “voice recognition test”. I am assuming the agency will soon contact me about not being employable anymore.
I would like to med-retire but don’t really want to sit in the office on light-duty while the process drags on.
Our “light duty” form starts out with a reference to “temporary” condition. Would I have to accept a light duty assignment if it is established up front that it is not temporary?
Jim