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When to Hire a Lawyer for Federal Disability Accommodations

disability rights federal employment mspb appeals reasonable accommodation telework Sep 18, 2025
 

For federal employees navigating disability accommodations, the first question is often: “Do I need a lawyer for this?” The truth is, not always. If your request is straightforward—like ergonomic equipment, flexible scheduling, or small adjustments to help you perform your duties—you may be able to handle it yourself. The key is to be precise and proactive:

  • Put your request in writing.

  • Use the phrase “reasonable accommodation under the Rehabilitation Act.”

  • Clearly connect your medical limitations to your essential job duties.

  • Keep every email or memo.

If management is responsive and engaging in the interactive process in good faith, you may never need to involve counsel.

When the Red Flags Appear

There are certain moments, however, when the balance shifts and legal support becomes essential. A few examples:

  • Denials or threatened denials. If your agency indicates it intends to reject your request, the stakes are too high to proceed alone.

  • Revocation of an existing accommodation. If you had telework or other support in place and management revokes it without a clear, evidence-based reason, that is often unlawful.

  • Radio silence. Weeks pass without a response, leaving you in limbo—that’s a legal issue.

  • Overreaching medical demands. Agencies may not demand your entire medical history; they are only entitled to documentation relevant to your limitations.

  • Retaliation. If a request for accommodation is followed by sudden discipline, a performance improvement plan, or AWOL charges, you need protection.

In each of these situations, a lawyer ensures the agency follows the Rehabilitation Act rather than hiding behind “policy” or blanket rules.

Why Timing Matters

The best time to consult an attorney is earlier than many employees realize—before the denial, before the retaliation, and before a sweeping policy like “no telework” is used to shut down dialogue. Counsel can frame your request strategically, filter your medical evidence to what is necessary, and keep the agency accountable.

Practical Options for Federal Employees

If hiring a lawyer for full representation isn’t feasible, resources exist to help you stand up for yourself. Our firm created a do-it-yourself telework accommodation course designed specifically for federal employees. It offers the exact strategies we use with clients and has already helped employees secure accommodations successfully. Check it out here: fedlegalhelp.com/teleworkcourse.

And for those facing denial, retaliation, or high-stakes situations, full representation may be the right path. You can explore whether our team can take your case at attorneysforfederalemployees.com.

Bottom Line

You don’t need a lawyer for every request. But if you’re facing denial, revocation, retaliation, or a blanket “no telework” rule, don’t go it alone. Your rights stem from federal law—not a memo or managerial preference. Knowing when to involve counsel can protect both your career and your health.

 

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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