Could a Reassignment Offer Derail Your OPM Disability Claim?
Federal employees pursuing OPM disability retirement often assume that a medical diagnosis alone will carry their claim. It will not. One of the lesser known pitfalls in the process involves what happens if your agency offers you another job instead of supporting your retirement application. If you turn down that offer, or if you never even find out about it, your claim could be denied for reasons that have nothing to do with your actual medical condition.
The Reassignment Requirement Most Applicants Overlook
Under the Federal Employees Retirement System, a disability retirement applicant is not automatically entitled to benefits simply because a doctor confirms an impairment. Federal law specifically states that an employee is not eligible for disability retirement if they decline a reasonable offer of reassignment to a vacant position within their agency, provided that position matches or exceeds their current grade or pay level and falls within their commuting area. This requirement is often the deciding factor in claims that otherwise appear medically sound.
The problem is that many applicants do not fully understand what counts as a “reasonable” offer, or they receive vague communication from their agency’s human resources department that fails to spell out their rights and obligations clearly.
Why This Provision Trips Up Otherwise Strong Claims
Agencies sometimes propose alternate positions that are not truly comparable to an employee’s original role, or that would require the employee to perform duties inconsistent with their medical restrictions. In these situations, the offer may not meet the legal definition of “reasonable,” which means declining it should not disqualify the applicant. However, OPM does not automatically make that determination in the employee’s favor. The burden typically falls on the applicant to show why a proposed position was not a legitimate accommodation.
This is where documentation becomes critical. Medical restrictions, job descriptions, pay grade comparisons, and written correspondence with the agency all play a role in demonstrating whether a reassignment offer truly met the legal standard or was simply an attempt to avoid processing a valid disability claim.
What to Do If You Receive a Reassignment Offer
If your agency proposes another position while your disability retirement application is pending, do not assume the decision is straightforward. Review the offer against your medical restrictions, confirm the grade and location match your current role, and keep every piece of written communication. Responding too quickly, or not responding at all, can create complications that are difficult to undo later in the process.
Protect Your Claim Before You Respond to Your Agency
A reassignment offer can feel like a minor administrative step, but it has the potential to determine whether your OPM disability retirement claim succeeds or fails. Before you accept, decline, or ignore an offer from your agency, it is worth having someone review the details on your behalf. Our national OPM eligibility attorneys regularly help federal employees evaluate whether a proposed position meets the legal standard for a reasonable accommodation, and we can help you avoid a costly misstep. Contact the Law Offices of Stephen Barszcz today to discuss your situation.
Source:
uscode.house.gov/view.xhtml?req=(title:5%20section:8451%20edition:prelim)
