Ask The Lawyer

By Debra Roth

Q & A Session – Federal Disability

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

In our Post Office alone there are at least three employees receiving disability from the military. One carrier receives 100 percent, a clerk 80 percent and another carrier 30 percent.

If someone is deemed 100 percent disabled by the federal government and is receiving 100 percent disability pay, how are they permitted to work full time, on the overtime desired list, working the physically demanding job of a letter carrier?

A:

It depends on the disability. Many disabled persons are able to work quite effectively, particularly if they receive reasonable accommodations for their disabilities.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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Comments

  1. Labor Attorney Says:
    February 12th, 2013 at 9:22 am

    While I agree in principle with your response, it is important to note that a VA disability rating is for compensation related to injuries that we incurred or aggravated by a person’s military service. One can receive a very high compensation rate, say for asthma, but not necessarily be disabled under the ADA or Rehab. Act.

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