Can I be dismissed if I am applying for disability? Need to know if I have any rights or am I going to lose my job!

Asked about 1 year ago - Ashburn, VA

I just got a proposal for removal at my government job but am in process of filing for disability retirement per recommendation of my EAP. My doctor has written letters to say I need to take time off because of my mental illness and sleep deprivation; have applied for formal reasonable accommodation, FMLA, and started the long process to apply for disability retirement through OPM and Social Security. struggling with this illness since before I started (poor job performance & attendance) but only recently got worse and was recommended to have more intensive therapy and need of extended time off to get help. Now I have to formally respond to this proposed dismissal letter but don't know my rights or if I have any hope of saving my job so that I can keep my much needed benefits and income

Attorney answers (1)

  1. Justin Scott Gilbert

    Contributor Level 3

    Answered . The Americans With Disabilities Act (ADA) protects "qualified" persons from discrimination. If you are able to perform your job, with or without accommodations, then a termination based on one's disability may violate the ADA. However, if by applying for "disability retirement" you are conceding that your are unable to perform the functions of your job, with or without accommodation, then you may no longer be "qualified" and, thus, no discrimination under the law. The interplay between the ADA and various disability laws is intricate so I recommend you consult a professional in your area.

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