HHS Closes Accommodation Requests Over “Missing” Medical Records: Your 45-Day EEO Deadline

HHS is “administratively closing” reasonable accommodation requests over medical documentation it says it never received, and employees at the CDC and NIH say they have timestamped proof they sent it. If you received one of these closure emails, a 45-day deadline to contact an EEO counselor may already be running. Here is what has been reported and what you can do.

What Employees Are Reporting

According to Government Executive, employees were told in August that they had 20 calendar days to send medical records, even if they had already sent them. Many sent them again. Then, on September 21, an email arrived stating that the Reasonable Accommodation Program “has not received the information requested,” that the case would be “administratively closed,” and that any interim accommodation “will also cease.” The same email says the closure “does not constitute a denial.”

Government Executive also reported on a CDC employee with degenerative arthritis who first asked for an accommodation in early 2025. According to the report, no one asked for her records until August 2026. She received an extension to mid-September, sent them, and was closed out anyway. Her knee worsened to the point that she needed surgery, and the union describes the closures as deliberate. HHS has said that cases closed in error will be corrected.

What the Law Says

Under the Rehabilitation Act, a federal agency must reasonably accommodate a qualifying disability unless doing so would cause an undue hardship. The EEOC has said for more than twenty years that unnecessary delay in providing an accommodation can itself be a violation. In our view, an agency also cannot keep demanding what an employee has already given it, and it cannot continue an interactive process by ending it.

Calling the closure something other than a denial does not decide the question. If your accommodation stopped, the practical effect on your work may be the same as a denial, whatever label the paperwork uses.

The 45-Day EEO Clock

A federal employee who believes they have faced discrimination generally must contact an EEO counselor within 45 days, 29 C.F.R. § 1614.105(a)(1). If your closure email is dated September 21, 45 days later is November 5. Count from your own date. A promise to fix the error does not pause the deadline. How the rule applies to you depends on your facts, so do not assume a later date.

What to Do If You Received a Closure Email

• Reply in writing. Attach your proof that you sent the records, such as the sent email, portal confirmation, or date stamp.
• Ask for the interim accommodation back. Ask that it be restored while HHS reviews the closure.
• Loop in your union if you have one. Others at your office may have received the same email.
• Calendar the 45 days. Write down the date of the closure email and count forward.
• Keep copies outside agency systems. Save the emails, the timestamps, and anything HHS sends you.
• Hold HHS to its statement. HHS has said it will correct cases closed in error. Ask in writing for that correction.

These are some of the strongest accommodation cases our firm handles. If your accommodation was closed or stopped, the federal employee attorneys at Southworth PC can help you understand your options before the 45 days run.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.