Disability Retirement Attorneys

Remote & Hybrid Work & California Disability Retirement

The widespread shift to remote and hybrid work arrangements since the pandemic has fundamentally changed how many California public employees perform their jobs. This transformation raises important questions for disability retirement claims: if an employee can work from home, does that affect their eligibility for disability retirement? How do retirement systems evaluate disability when job duties can potentially be performed remotely? These questions are becoming increasingly relevant as work-from-home arrangements become permanent fixtures in public employment.

The skilled and experienced disability retirement attorneys at the California law firm of Cantrell Green help public employees understand how remote work options affect their disability retirement eligibility. As representatives of members in CalPERS, LACERA, OCERS, STRS, and other California public retirement systems, they stay current on how these systems are adapting their disability evaluations to reflect modern workplace realities.

The intersection of remote work and disability retirement is still evolving, and retirement systems are working through how to apply traditional standards to new work arrangements. Understanding the key principles involved helps employees make informed decisions about their options when disability affects their ability to work.

Traditional Disability Retirement Standards and Remote Work

California public retirement systems have long evaluated disability retirement based on whether an employee can perform the substantial duties of their position. Historically, this meant the duties as they were typically performed – usually at a physical workplace. The pandemic-driven expansion of remote work has introduced new considerations: should the ability to work remotely affect disability determinations, and if so, how?

The fundamental question remains whether the employee can perform their job duties, but what constitutes those duties may now include remote work capabilities for positions where working from home is feasible. This does not mean that any ability to do some work from home disqualifies an employee from disability retirement – the analysis is more nuanced and depends on the specific circumstances of each case.

The skilled and experienced disability retirement attorneys at the California law firm of Cantrell Green analyze how remote work applies to each client’s specific position and disability. They help ensure that retirement systems apply appropriate standards rather than using remote work possibilities to inappropriately deny legitimate disability claims.

When Remote Work Does Not Eliminate Disability Retirement

Many disabilities that prevent in-office work also prevent effective remote work. An employee with severe cognitive impairment cannot perform complex analytical tasks regardless of location. A worker with debilitating fatigue cannot maintain productivity whether at a desk in an office or at a desk at home. Physical presence at a workplace is not the only job requirement that disability can affect.

Additionally, not all positions can be performed remotely even in the post-pandemic era. Police officers, firefighters, corrections officers, and many other public safety positions require physical presence. Teachers may work remotely in some circumstances but typically must be present in classrooms. Maintenance workers, healthcare providers, and numerous other public employees have duties that simply cannot be done from home.

The disability retirement attorneys at Cantrell Green in California help clients articulate why remote work either is not available for their position or would not address their specific functional limitations. They ensure that retirement systems understand the full picture of the employee’s disability and job requirements rather than making assumptions about remote work feasibility.

Retirement Systems, Remote Work & Disability Retirement

Some California retirement systems may consider the availability of remote work as a potential accommodation when evaluating disability retirement applications. The reasoning is that if an employee could perform their duties from home – avoiding commuting difficulties, reducing physical demands, or allowing for a more flexible schedule – perhaps they are not truly disabled from their position.

However, this analysis must be grounded in reality rather than theoretical possibilities. The question is not whether some version of the job might hypothetically be performed remotely, but whether the employee’s actual position, with its actual duties and requirements, can be performed remotely and whether remote work would actually accommodate the employee’s specific limitations.

The skilled and experienced disability retirement attorneys at the California law firm of Cantrell Green challenge inappropriate applications of remote work considerations in disability evaluations. They present evidence about actual job requirements, actual remote work policies, and actual limitations to counter arguments that remote work eliminates disability.

The Difference Between Accommodation and Job Modification

There is an important distinction between reasonable accommodations that allow an employee to perform their existing job and modifications that fundamentally change the job itself. Retirement systems can consider reasonable accommodations when evaluating disability, but they generally cannot require employees to accept entirely different positions or substantially modified duties to avoid disability retirement.

If remote work for a particular position represents a minor adjustment that allows the employee to perform the same duties – such as a data analyst working from home instead of the office – it might be considered an accommodation. But if remote work would require significant changes to job responsibilities, elimination of essential duties, or creation of a new position that does not currently exist, that goes beyond accommodation into job modification.

The disability retirement attorneys at Cantrell Green in California help clients understand where accommodation ends and impermissible job modification begins. They advocate for appropriate standards that do not force employees into accepting fundamentally different jobs as the price of avoiding disability retirement.

Documenting Why Remote Work Does Not Solve the Disability

Employees applying for disability retirement in the remote work era should be prepared to address why working from home would not enable them to continue in their positions. This documentation might explain that the position requires in-person presence, that remote work is not permitted for the position under employer policies, or that the employee’s specific limitations would prevent effective work regardless of location.

Medical documentation should address functional limitations in concrete terms. Rather than simply stating an employee cannot work, physicians should explain what tasks the employee cannot perform and why location does not change those limitations. For example, if an employee has concentration difficulties that prevent completing complex reports, that limitation exists whether they are in an office or at home.

The skilled and experienced disability retirement attorneys at the California law firm of Cantrell Green help clients build comprehensive documentation addressing remote work considerations. They anticipate questions retirement systems may raise and ensure applications proactively address those issues with clear evidence and explanations.

Hybrid Work Arrangements and Partial Disability Retirement

Hybrid work arrangements – where employees split time between remote and in-office work – create additional complexity for disability retirement analysis. An employee might be able to handle the remote portions of their work but struggle with in-office requirements due to commuting difficulties, physical limitations in the workplace environment, or inability to maintain the schedule hybrid work requires.

Some retirement systems may question whether an employee who can work remotely part of the time is truly disabled. However, if the position requires in-office presence that the employee cannot provide due to disability, partial remote capability does not eliminate the disability. The employee must be able to perform the job as structured, not merely portions of it.

The disability retirement attorneys at Cantrell Green in California address hybrid work situations by focusing on the complete job requirements and the employee’s complete limitations. They ensure that partial capabilities are not used to deny disability retirement when the employee genuinely cannot meet all position requirements.

Employer Policies, Remote Work & Disability Retirement

Whether remote work is actually available for a particular position depends on employer policies, not just the theoretical nature of the work. Many public employers have established remote work policies that specify which positions are eligible, how many days employees can work remotely, and what conditions apply. These policies affect disability retirement analysis because remote work cannot be considered an accommodation if the employer does not actually permit it.

Employees should understand their employer’s current remote work policies and how those policies apply to their specific positions. If an employer has denied remote work requests or has policies excluding the employee’s position from remote work eligibility, that information is relevant to disability retirement applications and should be documented.

The skilled and experienced disability retirement attorneys at the California law firm of Cantrell Green gather evidence about employer remote work policies and how they apply to clients’ positions. They use this information to counter arguments that employees should simply work from home when such arrangements are not actually available under employer rules.

Disability Retirement Attorneys | California

If you are a California public employee whose disability prevents you from performing your job duties, the availability of remote work does not necessarily disqualify you from disability retirement. The attorneys at Cantrell Green understand how changing workplace norms affect disability retirement claims and can help you build a strong application that addresses remote work considerations appropriately. Whether you are a teacher, police officer, firefighter, administrator, or other public employee in CalPERS, LACERA, OCERS, STRS, or another California retirement system, they can evaluate your situation and protect your right to benefits. Contact the skilled and experienced disability retirement attorneys at the California law firm of Cantrell Green today for a consultation to discuss how your disability and work arrangement affect your retirement options.

Free Consultation with a Disability Retirement Attorney: 562-622-4800

This article is for general information, and may not reflect the rules, laws or regulations governing how your public retirement system is administered. If you have question about a specific public employee retirement system, find your system, below – or call our attorneys at: 562-622-4800