| When a postal worker or federal employee applies for | | | | Director". In EEO cases, the USPS will take the position |
| disability retirement through OPM under CSRS or | | | | that the Lobby Director is not a formal position, and |
| FERS, one element that the applicant must show is | | | | does not qualify as assignment for accommodation |
| that their employing Agency has tried, but cannot, | | | | purposes. However, I have seen the USPS take the |
| accommodate him or her. | | | | exact opposite position when trying to prevent an |
| To meet this element, the Federal employee or postal | | | | employee from securing disability retirement. |
| worker will need to get a certification from the | | | | So here's the law. The Merit Systems Protection |
| Agency's supervisor or HR/ER/LR office. The | | | | Board (MSPB) has held, following appellate court case |
| certification must state that the USPS or Federal | | | | law in the Federal Circuit Court of Appeals, that light |
| agency has reviewed all vacant positions in a | | | | duty positions are not vacant positions for the |
| reasonable geographic area, and that there are none | | | | purposes of a disability retirement application. In fact, |
| at the same grade or pay level and tenure in the | | | | the Federal Circuit has held that the employee is not |
| commuting area that the postal worker or federal | | | | accommodated, for disability retirement purposes, if the |
| employee can perform. | | | | assignment to a "vacant position" consists of a set of |
| If the HR/ER/LR folks at the USPS or Federal agency | | | | ungraded and/or unclassified duties that have been |
| are able to locate a vacant position that the applicant | | | | assigned on an ad hoc basis. |
| can perform with their medical condition and limitations, | | | | If your employing Federal Agency or the USPS places |
| the employee will not be granted disability retirement. | | | | you in a light or limited duty position, or assigns you a |
| However, some Federal Agencies, quite frequently the | | | | series of ad hoc duties without a position description, |
| USPS, will assign disabled employees to light duty or | | | | you will not be disqualified from receiving disability |
| limited duty positions and claim that they have | | | | retirement. Be aware of any Agency supervisors or |
| accommodated them. For example, the USPS | | | | ER/LR/HR representatives in your Agency that advise |
| commonly assigns people to the position of "Lobby | | | | you to the contrary. |