Mild Obligation, Lodging and Federal Disability Retirement Underneath FERS Or CSRS

When a postal worker or federal employee applies for disability retirement through OPM beneath CSRS or FERS, one particular ingredient that the applicant will have to show is that their utilizing Company has tried using, but can’t, accommodate him or her.

To meet up with this ingredient, the Federal employee or postal worker will need to have to get a certification from the Agency’s supervisor or HR/ER/LR business office. The certification must point out that the USPS or Federal agency has reviewed all vacant positions in a affordable geographic region, and that there are none at the exact same quality or pay out stage and tenure in the commuting place that the postal worker or federal staff can accomplish.

If the HR/ER/LR people at the USPS or Federal company are ready to locate a vacant situation that the applicant can carry out with their medical problem and restrictions, the worker will not be granted incapacity retirement.
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On the other hand, some Federal Businesses, fairly routinely the USPS, will assign disabled workers to light-weight duty or constrained obligation positions and claim that they have accommodated them. For illustration, the USPS frequently assigns persons to the placement of “Foyer Director”. In EEO conditions, the USPS will just take the position that the Lobby Director is not a formal posture, and does not qualify as assignment for lodging functions. On the other hand, I have noticed the USPS consider the specific opposite situation when striving to protect against an personnel from securing incapacity retirement.

So this is the regulation. The Benefit Devices Protection Board (MSPB) has held, pursuing appellate court docket situation legislation in the Federal Circuit Court docket of Appeals, that gentle obligation positions are not vacant positions for the purposes of a incapacity retirement application. In truth, the Federal Circuit has held that the employee is not accommodated, for disability retirement reasons, if the assignment to a “vacant place” is made up of a set of ungraded and/or unclassified responsibilities that have been assigned on an advertisement hoc basis.

If your utilizing Federal Agency or the USPS areas you in a gentle or limited responsibility posture, or assigns you a sequence of ad hoc responsibilities without having a place description, you will not be disqualified from obtaining incapacity retirement. Be mindful of any Agency supervisors or ER/LR/HR associates in your Agency that advise you to the contrary.

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