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ScoobyDon't  
#1 Posted : Monday, December 10, 2018 2:16:00 PM(UTC)
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Do I Qualify For Schedule A?

This is all new to me. I am not a fed employee and would like to find out if I can apply under Schedule A.

I have been diagnosed with learning disabilities; Dyslexia and impaired short-term auditory memory function.

I think I would fall under Code 94 on the SF-256.

What do you think?
TheRealOrange  
#2 Posted : Tuesday, December 11, 2018 4:12:39 AM(UTC)
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Originally Posted by: ScoobyDon' Go to Quoted Post
Do I Qualify For Schedule A?

This is all new to me. I am not a fed employee and would like to find out if I can apply under Schedule A.

I have been diagnosed with learning disabilities; Dyslexia and impaired short-term auditory memory function.

I think I would fall under Code 94 on the SF-256.

What do you think?

The codes on the SF-256 really have no bearing on whether a person is eligible for Schedule A appointment based on a disability. While the SF-256 includes the legal definition of disability and lists various disabilities, including several that are considered targeted disabilities, even non-targeted disabilities can qualify a person for Schedule A hiring. To be eligible for employment through the Schedule A non-competitive process, you will need to provide documentation of your disability. The documentation is used to verify that you have a severe physical disability, psychiatric disability, or intellectual disability. Note that intellectual disability is the more modern term used for what previously was referred to as mental retardation. The documentation must be provided to the hiring agency before you can be hired. You can obtain the documentation of eligibility for employment under Schedule A from a licensed medical professional (e.g., a physician or other medical professional certified by a state, the District of Columbia, or a U.S. territory to practice medicine); a licensed vocational rehabilitation specialist (i.e., state or private); or any Federal agency, state agency, or agency of the District of Columbia or a U.S. territory that issues or provides disability benefits. The certification letter generally uses language siliar to the follwoing:

This letter serves as certification that (name of patient/applicant) is an individual with a severe physical, intellectual, or psychological disability that qualifies him/her for consideration under 5 CFR 213.3102 (u), Schedule A hiring authority, appointment for Persons with Disabilities.

Good information on Schedule A from the EEOC can be found at https://www.eeoc.gov/eeo...ts_with_disabilities.cfm . That page also links to the OPM information.

As a practical matter based on my experience in this area, it may be difficult to find a health care provider who will to certify that learning disabilities meet the criteria of the federal regulations:

Schedule A, 5 CFR 213.3102(u), for hiring people with severe physical disabilities, psychiatric disabilities, and intellectual disabilities. This excepted authority is used to appoint persons with severe physical disabilities, psychiatric disabilities, and intellectual disabilities. Such individuals may qualify for conversion to permanent status after two years of satisfactory service. Severe physical disabilities include but are not limited to blindness, deafness, paralysis, missing limbs, epilepsy, dwarfism, and more.

If a health care provider is willing to make that certification, human resources generally will not question the certification. Even if you are eligible for a Schedule A appointment, there is no preference or guarantee of a job. You have to be qualified for the job, and an agency has to decide if you are the best suited for the job. Agencies are not required to use Schedule A to hire people with disabilities. Best of luck to you in your job search!
ScoobyDon't  
#3 Posted : Tuesday, December 11, 2018 6:31:15 PM(UTC)
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Thanks for the info, that helps a lot. It sounds like I am probably SOL.

I do have a letter from my Doc on Kaiser Permanente letterhead stating tht I have learning disabilities, but it is more generic letter. It doesn't say anything about 5 CFR 213.3102 (u). Just the following.....

"This letter is to confirm that you have learning disabilities including impaired short term auditory memory function and dyslexia. These disabilities are permanent."

Though that would fall under Code 94 on the SF-256, it sounds like I would not fall under people with severe physical disabilities, psychiatric disabilities, and intellectual disabilities.

That sound about right?
TheRealOrange  
#4 Posted : Wednesday, December 12, 2018 3:49:47 AM(UTC)
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Originally Posted by: ScoobyDon' Go to Quoted Post
Thanks for the info, that helps a lot. It sounds like I am probably SOL.

I do have a letter from my Doc on Kaiser Permanente letterhead stating tht I have learning disabilities, but it is more generic letter. It doesn't say anything about 5 CFR 213.3102 (u). Just the following.....

"This letter is to confirm that you have learning disabilities including impaired short term auditory memory function and dyslexia. These disabilities are permanent."

Though that would fall under Code 94 on the SF-256, it sounds like I would not fall under people with severe physical disabilities, psychiatric disabilities, and intellectual disabilities.

That sound about right?

That sounds typical/right based on what I have seen when learning disabilities are involved, but it really would depend on the severity of the learning disabilities and whether a health care provider would be willing to make the required certification.
rexdart  
#5 Posted : Wednesday, December 12, 2018 8:56:21 AM(UTC)
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The forum software just ate a long reply I tried to post, but the gist of it was:

1. I've seen lots of people with learning disabilities qualify under Schedule A.
2. The bottom line is, you're qualified if a licensed medical professional says you are. There's no other definition of what does or doesn't constitute "severe" under Schedule A.
FrankJr  
#6 Posted : Sunday, December 16, 2018 12:22:20 PM(UTC)
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Yes, yes, yes the letter from the doctor will suffice as "the documentation of eligibility for employment under Schedule A from a licensed medical professional". On occasion HR will reject the letter and in turn the eligibility. 10 Schedule A applications at the same agency for the same job and 2 may be rejected and 8 not rejected.

The doctor does not determine the eligibility, the doctor determines the disability.

Don't overthink Schedule A.

...apply, apply, apply

At some point the agency concludes the percentages are not met and the issue is brought to the surface and Schedule A is a priority for a short period of time.
Former Lee Warmer  
#7 Posted : Thursday, July 4, 2019 10:58:01 AM(UTC)
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Originally Posted by: rexdart Go to Quoted Post
The forum software just ate a long reply I tried to post, but the gist of it was:


2. The bottom line is, you're qualified if a licensed medical professional says you are. There's no other definition of what does or doesn't constitute "severe" under Schedule A.


And why is that? Normally a term that is ambiguous and subject to multiple interpretations is defined somehow. Disability is defined. Why not "serious"? Because the agency gets to make the ultimate decision and they can (effectively) overrule your doctor and say no, you're not eligible for Schedule A. This adds the possibility of arbitrariness compounding the ambiguity problem.
habu987  
#8 Posted : Monday, July 8, 2019 7:10:06 AM(UTC)
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Originally Posted by: Former Lee Warmer Go to Quoted Post
Originally Posted by: rexdart Go to Quoted Post
The forum software just ate a long reply I tried to post, but the gist of it was:


2. The bottom line is, you're qualified if a licensed medical professional says you are. There's no other definition of what does or doesn't constitute "severe" under Schedule A.


And why is that? Normally a term that is ambiguous and subject to multiple interpretations is defined somehow. Disability is defined. Why not "serious"? Because the agency gets to make the ultimate decision and they can (effectively) overrule your doctor and say no, you're not eligible for Schedule A. This adds the possibility of arbitrariness compounding the ambiguity problem.


I believe you're overthinking this. All the Schedule A letter does is allow you to be considered under a particular hiring authority. There is no interpretation by the agency, either you have an acceptable Schedule A letter in your application packet and can be considered under that hiring authority, or you don't have an acceptable Schedule A letter and cannot be considered under that hiring authority.

Schedule A has nothing to do with reasonable accommodation requests once you are in seat at an agency--there can be agency interpretation there, which is what you might be thinking of.
Former Lee Warmer  
#9 Posted : Monday, July 8, 2019 4:18:35 PM(UTC)
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Originally Posted by: habu987 Go to Quoted Post


I believe you're overthinking this. All the Schedule A letter does is allow you to be considered under a particular hiring authority. There is no interpretation by the agency, either you have an acceptable Schedule A letter in your application packet and can be considered under that hiring authority, or you don't have an acceptable Schedule A letter and cannot be considered under that hiring authority.

Schedule A has nothing to do with reasonable accommodation requests once you are in seat at an agency--there can be agency interpretation there, which is what you might be thinking of.


Perhaps you're right that I'm overthinking it, but if so it seems to me the rather forceful qualifier "serious" is completely superfluous and should be removed from the code.

frankgonzalez  
#10 Posted : Tuesday, July 9, 2019 3:09:04 AM(UTC)
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Originally Posted by: Former Lee Warmer Go to Quoted Post
Originally Posted by: habu987 Go to Quoted Post


I believe you're overthinking this. All the Schedule A letter does is allow you to be considered under a particular hiring authority. There is no interpretation by the agency, either you have an acceptable Schedule A letter in your application packet and can be considered under that hiring authority, or you don't have an acceptable Schedule A letter and cannot be considered under that hiring authority.

Schedule A has nothing to do with reasonable accommodation requests once you are in seat at an agency--there can be agency interpretation there, which is what you might be thinking of.


Perhaps you're right that I'm overthinking it, but if so it seems to me the rather forceful qualifier "serious" is completely superfluous and should be removed from the code.

I disagree. Someone missing a toe or a pinky finger would have a disability. That is not a severe disability and in the case of the missing toe, no-one is likely to be aware of it unless the person tells or shows them. Compare that to the missing leg or arm...or the paraplegic?

Mental health issues can be tricky as they are no visible, and if someone is under going treatment and is doing fine at the moment (ie medication is working, therapy counseling is ongoing and effective, etc), no-one may ever know....until the meds no longer work (it happens frequently) and the dosage needs changing or even a new med is required...and that can be a wild transition period.

Intellectual disabilities also have a wide range. Dyslexia? How bad? Never learned to read or has the person been given plenty of tools and training to overcome the issue to the point it is no longer the big problem. (my sister and both her kids have dyslexia...my sister wasn't diagnosed until she was a teenager and it was something new back then so the teachers didn't really know what to do. She has since gone on to graduate college and working at a major defense contractor. Because of her experience, she had her kids checked out early and got them the help when they were young). Memory issues? Person could have been fine until they had an AVM burst or got a TBI from a bomb blast...now their short-term memory is shot.

And so on. So...severe is key. What is the impact if you are not getting treatment or an accommodation? Nothing? then probably not a Schedule A candidate. In ability to work anything but the most menial tasks, and even then need watching? Then Schedule A is for you. In between the two extremes? Then a case by case determination is made by HR.

You should have voted Cthulu...the greatest of all Evils
Polar Bear  
#11 Posted : Wednesday, July 10, 2019 7:43:37 PM(UTC)
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Just wanted to add from my own experiences. Read the listing carefully. Some agencies require the letter from like a state rehab place, not just a normal medical professional. I don't know how they get away with that, but it's reality.
Former Lee Warmer  
#12 Posted : Thursday, July 11, 2019 4:31:29 AM(UTC)
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Originally Posted by: frankgonzalez Go to Quoted Post
Originally Posted by: Former Lee Warmer Go to Quoted Post



Perhaps you're right that I'm overthinking it, but if so it seems to me the rather forceful qualifier "serious" is completely superfluous and should be removed from the code.

I disagree. Someone missing a toe or a pinky finger would have a disability. That is not a severe disability and in the case of the missing toe, no-one is likely to be aware of it unless the person tells or shows them. Compare that to the missing leg or arm...or the paraplegic?

Mental health issues can be tricky as they are no visible, and if someone is under going treatment and is doing fine at the moment (ie medication is working, therapy counseling is ongoing and effective, etc), no-one may ever know....until the meds no longer work (it happens frequently) and the dosage needs changing or even a new med is required...and that can be a wild transition period.

Intellectual disabilities also have a wide range. Dyslexia? How bad? Never learned to read or has the person been given plenty of tools and training to overcome the issue to the point it is no longer the big problem. (my sister and both her kids have dyslexia...my sister wasn't diagnosed until she was a teenager and it was something new back then so the teachers didn't really know what to do. She has since gone on to graduate college and working at a major defense contractor. Because of her experience, she had her kids checked out early and got them the help when they were young). Memory issues? Person could have been fine until they had an AVM burst or got a TBI from a bomb blast...now their short-term memory is shot.

And so on. So...severe is key. What is the impact if you are not getting treatment or an accommodation? Nothing? then probably not a Schedule A candidate. In ability to work anything but the most menial tasks, and even then need watching? Then Schedule A is for you. In between the two extremes? Then a case by case determination is made by HR.



Are you suggesting that that the persons disability must require an accommodation? Because someone who has well-treated mental illness or a disease in remission, for example, may not need any accommodation. So the "impact" may be "nothing" but they still should qualify for Schedule A based on what I've read...correct me if I'm wrong.

My disability would only have an "impact" in some jobs, and in others it would have none.

Edited by user Thursday, July 11, 2019 4:32:03 AM(UTC)  | Reason: Not specified

TheRealOrange  
#13 Posted : Thursday, July 11, 2019 4:46:34 AM(UTC)
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Originally Posted by: Former Lee Warmer Go to Quoted Post
Are you suggesting that that the persons disability must require an accommodation? Because someone who has well-treated mental illness or a disease in remission, for example, may not need any accommodation. So the "impact" may be "nothing" but they still should qualify for Schedule A based on what I've read...correct me if I'm wrong.

My disability would only have an "impact" in some jobs, and in others it would have none.

I can't speak for Frank, but I don't think that is what he is suggesting at all. One can certainly be eligible for appointment under Schedule A based on having a severe disability, and not require any type of reasonable accommodation.
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