Last Updated on July 23, 2010 by FERS Disability Attorney
Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS. If one pauses for a moment, one can easily understand the underlying reasons: Medical conditions often result in attendance problems or impact the ability of a Federal or Postal employee to perform all of the essential elements of the position. Disability Retirement eligibility is precisely that which attempts to prove the latter point — of the impact upon one’s ability to perform all of the essential elements of the positional requirements.
Thus, when attendance, performance or conduct concerning the positional requirements become an issue, the Agency will often begin initiating adverse actions — ranging from instituting a “Performance Improvement Plan” (PIP), memorandums of warnings, suspensions, and removals. While adverse actions reflect negatively by their definition, the positive aspect of such adverse actions, in combination with Federal Disability Retirement, is that the adverse action, having the underlying basis of resulting because of one’s medical condition and because of one’s medical inability to perform the essential elements of one’s job, can actually be used to argue for a FERS or CSRS Disability Retirement approval. As with most of that which is “true” in life, the irony of this cannot be overlooked.
Sincerely,
Robert R. McGill, Esquire
Tags:
"excessive LWOP" as ground for removal,
adverse agency action,
attendance issues and OPM disability retirement,
attorney representing federal workers for disability throughout the United States,
consequences of an agency's adverce action,
CSRS disability retirement federal attorney,
deficiency in performance or attendance requirement,
disciplinary actions for medical conditions against federal workers,
federal disability law blog,
federal employment and keeping sick leave documentation for future use,
federal jobs: if the underlying reason for removal is for medical reasons,
federal medical retirement,
for those disabled federal workers being placed on a pip,
impending adverse actions against the disabled federal employee?,
law firm representing clients in opm disability law all across america,
maintaining medical records while on federal employment,
memorandums of warnings against the sick or injured federal worker,
OPM disability retirement,
OWCP disability retirement,
owcp light duty discrimination,
Performance Improvement Plan (PIP),
physical limitation issue in opm,
Postal Service disability,
postal service disability retirement,
resources for injured federal workers,
statutory requirements in OPM disability law,
unfair agency's actions against light duty workers,
usps and removal due to excessive use of lwop and sick leave,
USPS disability retirement benefits,
usps disability retirement lawyer,
usps suspensions and other attendance issues while in sick leave,
violation of a PIP,
when the federal employee is placed on a pip