Are you on modified duty wondering whether if you qualify for federal disability retirement?
As a federal disability retirement attorney’s office, we get this question a lot. Many people call us and tell us that they don’t think they are eligible for federal disability retirement because the agency has been able to provide limited or light duty assignments for them.
Sometimes those workers are not even able to fully perform those modified duty assignments.
However, we bring good news! According to the laws that govern OPM disability retirement (and under Bracey v. Office of Personnel Management), the position has to be a vacant position, which requires placing the employee in an “officially established position that is graded and classified”.
Pursuing Your Rights Despite Modified Work Status
Modified duty does not meet that standard! So even if you are currently working in a modified status, don’t let that stop you from pursuing your rights.
The Implications of Modified Duty on Federal Disability Retirement
A common concern among federal employees on modified duty is how it impacts their employment rights. If you find yourself in this predicament, remember that your eligibility for federal disability retirement remains intact despite your current work status. In fact, being on modified duty can sometimes support your case when applying for disability retirement (OPM.gov).
Seeking Expert Guidance: Harris Federal Law Firm
Navigating the complexities of federal disability retirement can be daunting, especially when misconceptions cloud your understanding. At Harris Federal Law Firm, we are committed to dispelling these myths and providing you with accurate information to make informed decisions about your career and life. With a success rate of 99%, our experienced legal team at Harris Federal Law Firm has helped countless federal employees understand their rights and navigate the complexities of federal disability retirement.
If you have questions about how your modified work affects your employment rights, call Harris Federal Law Firm, for a FREE consultation. We want to make sure you have all the information that you need to make the best decision for your career and your life!
