Even if Removed for Misconduct, Agencies are REQUIRED to Fill Out Your Disability Retirement Forms

Following up on my earlier post about getting fired for misconduct:

If you are fired for misconduct, that does not mean your agency can wash its hands of you and not cooperate with your claim for Disability Retirement. Your agency is still required to cooperate and fill out the required OPM forms for Disability Retirement. Agency forms must be filled out by your supervisor, even if you have left your agency, and even if you left due to misconduct:

OPM specifically requested that the Postal Service supply these forms. IAF, Tab 3, Subtab IIB at 32. The agency, however, supplied only a statement for the disability retirement record, noting that the appellant had been removed for a verbal altercation with a postal customer.[3] IAF, Tab 3, Subtab IIB at 2. The removal action did not relieve the Postal Service of its obligation as the employing agency to cooperate with the disability retirement application process and to submit to OPM a Supervisor’s Statement and an Agency Certification of Reassignment and Accommodation Efforts.[4]

Above is another excerpt from Delceg v. OPM, which explains how no matter the circumstance, a federal government employee's agency is required to assist them with their disability retirement application. Of course, this includes critical forms that require agency knowledge and signatures.

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