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FERS Disability: How Denied Telework Forces OPM Approval

For federal employees who have degenerative diseases and similar chronic conditions such as autoimmune disorders, neurological conditions, progressive degenerative disease, or ongoing intractable chronic pain, telework is a godsend since they let you serve the public without having to worry that one day you are going to go to work and physically collapse and have to be rushed to the hospital.

Working from a controlled home environment therefore helps you manage your condition, take breaks when needed, and avoid the daily commute which may just reinjure you unnecessarily. However, agency leadership across the federal sector seems to not have gotten this memo, as seen by its blanket Return-to-Office (RTO) directives where thousands of seriously ill federal workers have had their medical accommodations canceled and nullified. Supervisors within USPS and human resources personnel in various federal agencies are laying down the law in a harsh manner: return to physical agency office within a few days or face Chapter 75 disciplinary actions for Absence Without Official Leave or AWOL.

When your agency decides to revoke your accommodation, it is only natural to feel a certain level of terror as you make a tough decision: either report to an office and have your condition worsen physically, or stay home and risk getting fired and having your benefits summarily discontinued. However, what you may never have been told is that this blanket RTO or Return-to-Office directive provides you with an opportunity to plead your case.

According to federal retirement law, getting FERS disability retirement hinges on proving that your agency is unable to reasonably accommodate your medical condition. If you received an RTO as a FERS disability benefits recipient, keep reading to find out how to use the law to reverse your supervisor’s decision and how we can help facilitate that as the best FERS disability benefits lawyers in the nation.

Are you looking for the best FERS disability attorney to fight an OPM denial? Please call the experienced federal employee attorneys at McCready Law NOW at (314) 481-63338 to learn more about how we can help you overturn medical rejections and secure your disability retirement benefits. The experienced injured federal worker attorneys at McCready Law bring to the table combined experience spanning over 90 years, during which we have helped federal employees and postal workers across the country navigate the Office of Personnel Management with speed, efficiency, and reliability.

To date, we have recovered over $500 million for our clients, and our deep understanding of federal retirement statutes and appellate case law places us at a level that is unmatched in federal disability litigation. We have nationwide reach, handling cases on an agreed-upon, flat-fee basis, and your first consultation is 100% FREE.

Regardless of where you live in the United States, McCready Law can assist with your FERS disability claim from start to finish, stepping between you and OPM to overturn unfair denials and force the release of your monthly annuity. Need to speak to someone regarding an OPM denial for lack of objective medical evidence? Call us NOW at (314) 481-63338 to learn more about our legal services – our intake coordinator is standing by to route your call to one of our experienced attorneys.

How to Turn a RTO into a FERS Approval – Key Insights

In order to fight a RTO from your federal agency, here are some tools you can employ:

  1. Forcing a Formal Written Denial: Never resign or leave your post when provided with an RTO order. Send over an updated, comprehensive Reasonable Accommodation (RA) request that is supported by the restrictions provided by your treating physicians, which prove that you can only do telework for now. The Reasonable Accommodation Committee, or RAC, must therefore be forced to issue you a formal, written denial letter stating that continued remote work is a violation of agency directives
  2. Explore the Inner Workings of Form SF-3112D: according to 5 C.F.R. § 844.103(a)(4), your agency must file the Agency Certification of Reassignment and Accommodation form, or Form SF-3112D. Once you have the agency in writing stating that they have rejected telework, human resources is out of ammunition, because they cannot state to OPM that reasonable accommodation is possible without contradicting the fact that they provided you with a written denial.

Best FERS Disability Benefits Attorneys – Call Us Today!

These are just two strategies that the best FERS disability benefits lawyers use in our law firm to catch OPM and your agency supervisors red-handed contradicting not only legislation, but their own decisions. If you have been issued with an RTO as a chronically ill USPS worker but realize that this would only lead to a worsening of your condition, please give us a call NOW at (314) 481-63338 so we can look over the details of this order and fight to get your benefits reinstated. We take on claims countrywide, and the call is 100% FREE. Thanks for choosing McCready Law, and we look forward to helping you.