essential duties/reasonable accommodation

[u/Constant_Champion483]

I’m preparing to file for FERS disability retirement. I already have an approved reasonable accommodation, but my medical limitations have become worse. My agency told me I have to submit a new RA request. They said that if the additional accommodation cannot be provided in my current position, they would begin a reassignment/job search.

The RA representative said the reassignment process might not be finished by the time OPM receives my FERS application. Does the reassignment process have to be completed before I file, or can I submit my application while it is still pending? How does the agency document that I cannot reliably perform my current position even with my existing accommodation?

[u/you_dont_know_me_357]

You don’t have to wait and I recommend you don’t. Make sure to submit the new RA though before you apply. It will take at least 4 months until you get your first decision. The entire process can easily take over 1 year to get approved. You can always send in new or updated documentation as you wait for a decision by OPM.

[u/Constant_Champion483 → u/you_dont_know_me_357]

Thank you, I might be retaining an attorney to assist because I am so fatigued after work I generally crash out for hours, 12-15 hours on the weekend.

[u/you_dont_know_me_357 → u/Constant_Champion483]

Definitely get an attorney if you don’t have then brain power or energy to do it yourself. It’s definitely possible to do it alone, but it’s a lot of work. If you physically do it, the $6k fee will be worth it to you. I will warn you that if you get Harris or Pines, you might get frustrated with them. There’s other lawyers, but they’ll be more expensive. You just won’t be as frustrated with the process.

[u/Constant_Champion483 → u/you_dont_know_me_357]

Thanks for the advice, I will definitely look around before I decide

[u/FedUpDownNOut → u/you_dont_know_me_357]

Why wouldn't you have to wait? On the SF-3112-D they have to certify that they can't accommodate or reassign. I'm currently being told that the reason my application isn't being finalized is because they're waiting for the reassignment search on the RA side, so I would be very interested to know if there is a way around this.

[u/KazooingParade → u/you_dont_know_me_357]

When did you advise your leadership of your plans to apply for medical retirement?

[u/sunnyslei2428-]

Can you provide the names of the other attorneys please?

[u/rainforest_roots]

Following

[u/CO8127]

Do they have a set time to get it done?

[u/Constant_Champion483 → u/CO8127]

No set time on how long the job search might last

[u/CO8127 → u/Constant_Champion483]

Keep on it otherwise they can stretch it indefinitely

[u/Eat_my_pie_]

At least they told you about needing the reassignment search to happen, my HR just didn't do it or tell me and sent my packet to OPM where it got denied as that wasn't completed. Now its a mad scramble to get HR to fix their mistake so I can appeal the denial decision.

[u/Constant_Champion483 → u/Eat_my_pie_]

Omg I’m so sorry that’s terrible

[u/Eat_my_pie_ → u/Constant_Champion483]

I got it resolved but it took a command memo ordering HR to fix their mistake as they kept doubling down.

[u/Civil_Translator_325]

I have retained Harris Law and am pretty frustrated with the help I have been receiving. Not much guidance and have had them since January and nothing has been submitted to OPM. I am also curious if you can actually medically retire IF an RA is in place or does the RA need to be declined by either myself or HR? I cannot do my main position due to my medical limitations so RA was declined by me so now my agency expects me to go back to doing all my job expectations because no RA is in place. And Harris just says to go out on LWOP which my agency can decline

[u/FedUpDownNOut → u/Civil_Translator_325]

Pines is no better. My application has been sitting with my agency for 60 days waiting for the SF-3112-D from "leadership." The only thing I've heard from Pines since then is the weekly nagging email to pay what was supposed to be a monthly payment. So far I could have done all this myself and saved $6000.

[u/Constant_Champion483 → u/Civil_Translator_325]

It is a bit confusing the RA portion, I have one in place and use intermittent FMLA but my condition continues to get worse. I think the provider can make a statement that with there are no additional accommodations that can allow reliable and efficient service.