Posted on December 11, 2008 in Administrative Law
I am often asked whether or not, at the beginning stages of the process of filing for disability retirement (when medical narrative reports, records, & other supporting information is initially being gathered), whether it is a good idea to notify the Supervisor and/or Agency of the intent to file for disability retirement benefits. That all depends upon multiple factors. Often, the employee still desires to work. Because of the medical disabilities, and the continuing impact of the employee’s medical inability to perform one or more of the essential elements of the job, there is often the potential danger of an adverse Agency reaction — of using the statement of the employee to restrict or send the employee home, using the employee’s declaration of intention as an excuse that it was the employee’s own admission which resulted in such Agency action. On the other hand, there are Agencies and Supervisors who, acknowledging the employee’s long tenure of loyalty, will "work" with the employee to provide some sort of temporary duties and accommodating employment stipulations. Such temporary measures are rarely considered to be "legally sufficient accommodations" under disability retirement laws, and therefore would have no impact upon any "accommodation issues" when the time of filing actually occurs. In the end, the timing and manner of informing the Agency and the direct supervisor must have the input of the employee — who knows his/her agency, and the potential reactions therefrom.
Sincerely, Robert R. McGill, Esquire