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CRD Publication

Office of Civil Rights and Diversity Issuance Publication (CRD-008)

Procedures for Processing Requests for Personal Assistance Services

The issuance of this Civil Rights and Diversity Publication (CRD P) has been authorized

by CRD-008, “Policy for Personal Assistance Services” (TBD).

This CRD P provides further direction to all bureaus, offices, and organizations in the

Department of Treasury (Department) for compliance with CRD-008. Contact the Office of the

Assistant Secretary for Management and Office of Civil Rights and Diversity for questions and

guidance.

1. PROCEDURES. This issuance establishes the Departmental procedures for processing

requests for Personal Assistance Services (PAS) as established by CRD-008, dated TBD.

2. DEFINITIONS

a. Deciding Official. An individual who has authority to approve or deny PAS requests.

b. Department. The Department of the Treasury, including all of its bureaus and offices.

c. Dispute Resolution Process. Any voluntary mechanism through which an individual

can request reconsideration of a denial of a request for PAS.

d. Essential Functions. The basic duties of the job that an employee must be able to

perform, with or without reasonable accommodation. A function can be "essential"

if, among other things, the reason the position exists is to specifically perform that

function; there are a limited number of other employees who could perform the

function; the function is specialized and the individual is hired based on his/her

ability to perform it; or the position requires an employee to be physically located in a

particular place. Determination of the essential functions of a position must be done

on a case-by-case basis so that it reflects the job as actually performed.

e. Extenuating Circumstances. Factors that could not reasonably have been anticipated

or avoided in advance of the request for PAS, or situations in which unforeseen or

unavoidable events prevent prompt processing and delivery of PAS.

f. Genetic Information. As defined by the Genetic Information Nondiscrimination Act

of 2008 (GINA), includes information concerning the manifestation of

disease/disorder in family members (“family medical history”), information about an

individual’s or family member’s genetic tests, the fact that an individual or an

individual’s family member sought or received genetic services, and genetic

information of a fetus carried by an individual or an individual’s family member or an

embryo lawfully held by an individual or family member receiving assistive

reproductive services.

g. Interactive Process. Discussions between the Requester and the Receiving Official

and/or any official designated to process requests for PAS. The information shared

during the interactive process is used to determine whether PAS will be provided and

to examine potential temporary assistance services.

h. Personal Assistance Services (PAS). Assistance with performing activities of daily

living that an individual would typically perform if he or she did not have a targeted

disability, and that is not otherwise required as a reasonable accommodation,

including, for example, assistance with removing and putting on clothing, eating,

drinking, and using the restroom. For example, someone providing PAS might assist

someone with getting into or out of a vehicle at the worksite. Note: PAS does not

include medical services. For example, it does not include performing medical

procedures such as administering injections or medical monitoring (e.g., monitoring

blood sugar).

i. Personal Assistance Service Provider. An independent contractor or an employee

whose primary job function is to perform assistance with the daily living activities

requested by the employee entitled to PAS.

j. Qualified Employee. An employee of the Department who requires services because

of a targeted disability and who, with or without reasonable accommodation, can

perform the essential functions of the employee’s position.

k. Processing Official. The office or individual(s) responsible for processing requests

for PAS received by Receiving Officials, and managing the requests through to

closure.

l. Receiving Officials. Treasury personnel designated to receive a PAS request, such as

an employee’s immediate supervisor; a supervisor or manager in his/her immediate

chain of command; the EEO Office or any office designated to officially receive a

request for PAS from an employee (or an individual acting on his/her behalf).

m. Requester. A qualified employee with a targeted disability or an individual acting on

his or her behalf who requests PAS.

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n. Targeted Disability. A subset of conditions that would be considered disabilities

under the Rehabilitation Act. The Department follows the list of targeted disabilities

(below) as set forth by OPM on the Standard Form (SF) 256.

1) Developmental Disability, for example, autism spectrum disorder

2) Traumatic Brain Injury

3) Deaf or serious difficulty hearing, benefiting from, for example, American Sign

Language, CART, hearing aids, a cochlear implant and/or other supports

4) Blind or serious difficulty seeing even when wearing glasses

5) Missing extremities (arm, leg, hand and/or foot)

6) Significant mobility impairment, benefiting from the utilization of a wheelchair,

scooter, walker, leg brace(s) and/or other supports

7) Partial or complete paralysis (any cause)

8) Epilepsy or other seizure disorders

9) Intellectual disability

10) Significant Psychiatric Disorder, for example, bipolar disorder, schizophrenia,

PTSD, or major depression

11) Dwarfism

12) Significant disfigurement, for example, disfigurements caused by burns, wounds,

accidents, or congenital disorders

o. Undue Hardship. An action requiring significant difficulty or expense when

considered in light of factors such as the Department's size, financial resources, and

the nature and structure of the position. Determination of undue hardship is always

made on a case-by-case basis, considering factors such as the nature and cost to

provide PAS needed and the impact of the PAS on the operations of the Department.

An undue hardship based on cost should rarely be an issue. The inability to find a

PAS provider with the security clearance level of the employee may, under some

circumstances, be sufficiently difficult as to constitute an undue hardship.

CRD Publication

3. PAS REQUEST. The process begins as soon as the request for PAS is made either orally or

in writing to a Receiving Official. The request does not have to use any special words, such

as “PAS,” “Section 501," “disability," “EEOC’s regulations” or "Rehabilitation Act", nor

does the request have to be a direct request. A sample request form is provided in

Attachment A-1. An employee with a targeted disability may request assistance with daily

life activities that the individual cannot perform because of the targeted disability. Bureaus

must establish and maintain a system for tracking PAS requests, from the date of the request

through closure.

a. Types of Request.

1) Requests for PAS may be made to any Receiving Official, including an employee’s

immediate supervisor; a supervisor or manager in his/her immediate chain of

command; the EEO Office; or, any office designated to oversee the PAS process.

2) A family member, friend, health care professional, or other representative may

request a PAS on behalf of an employee with a targeted disability. The request shall

be made to one of the persons listed in Section 2.a (1). If possible, the employee with

a disability should be contacted to confirm that he/she in fact wants PAS. The

employee with the targeted disability may decline to make a request or refuse to

accept services.

b. Referral of Request to the Processing Official. A Receiving Official to whom a request

for PAS is made should immediately refer the request and the Requester to the Processing

Official.

c. PAS Provider Preference. Bureau officials involved in providing PAS should take a

proactive approach to ensure PAS providers have the necessary skill sets for the services

required. All PAS providers must satisfy the applicable security clearance and

background investigation requirements.

1) A request for a specific PAS provider (e.g., a family member or a PAS provider with

whom the employee has previously worked) will be considered and, where the PAS

provider is dedicated to a single employee, given primary consideration to the extent

permitted by law.

2) A request without a preference for a specific provider will be processed through the

established Treasury-wide PAS contract.

3. THE INTERACTIVE PROCESS.

a. The employee requesting the services should participate, to the extent possible, in

helping to identify the skill set required from the PAS provider.

CRD Publication

b. Personnel involved in the interactive process should record their activities. On-going

communication is particularly important where the specific need or skill set, or

extenuating circumstance is unclear.

c. The official processing the request for PAS and the employee requiring the PAS

should talk to each other to make sure that there is a full exchange of relevant

information.

4. WRITTEN REQUEST.

a. While a written request is preferable, it is not required. To ensure accurate records,

the Processing Official should confirm in writing the receipt of a request for PAS,

documenting to whom the request was made, when the request was received and the

nature of the services required. A sample “Request Form” is provided in Attachment

A-1.

b. Repeat requests for a recurring PAS are not required (e.g., assistance in the winter

putting on and taking off outerwear). While appropriate notice may be required each

time recurring assistance is needed, the written confirmation form is only required for

the first request.

5. RESPONSIBILITIES. Bureaus must designate specific responsibilities to individuals

(see examples below) involved in processing a PAS request. Bureaus shall ensure

procedures are in place to provide back-up coverage to continue receiving, processing,

and providing PAS when the Receiving and Deciding Officials are unavailable. The time

frames discussed in Section 9.a., may not be suspended or extended because of the

unavailability of the Receiving or Deciding Official.

a. Receiving Official. Each bureau shall identify the individual(s) responsible for

receiving the request, such as an employee’s immediate supervisor; a supervisor or

manager in his/her immediate chain of command; the EEO Office; or, any office

designated to officially receive a request for PAS from an employee (or an individual

acting on his/her behalf).

b. Processing Official. Each bureau shall identify the individual(s) responsible for:

processing requests; ensuring all parties involved are notified of a request;

implementing a process to ensure requests are handled expeditiously; and, monitoring

requests through to the implementation of the decision on the request.

c. Deciding Official. Each bureau shall designate an official responsible for

determining what, if any, PAS will be provided.

CRD Publication

d. Bureau EEO Office. The EEO Office or the alternative office a bureau instead

designates as responsible for obtaining medical and other necessary documentation

(hereinafter referred to as the “EEO Office”) shall be responsible for receiving and

safeguarding such documentation, and for providing any other assistance required to

make a decision. The EEO Office may share with the Deciding Official the

employee’s functional limitation(s) in performing daily living activities, as well as the

need for potential assistance to perform those activities. Medical documentation

should not be shared with the Deciding Official.

e. Bureau Disability Program Manager. The Disability Program Manager shall be

available, as needed, to provide assistance to employees, human resources officials,

and Deciding Officials in processing requests for PAS.

6. MEDICAL INFORMATION. In most cases, the targeted disability will be obvious or

otherwise already known to the Deciding Official. In these cases, further medical information

will not be sought. However, when the need for PAS is not obvious or otherwise already

known to the Deciding Official, the bureau may require that the employee requiring PAS

provide medical documentation about the need for PAS and/or his/her functional limitations.

Any request for medical information must comply with GINA, as well as the laws,

regulations, and guidance referenced in CRD-008, “Policy for Personal Assistance Services”,

and the “Confidentiality and Disclosure” statement in Section 8 of this CRD P.

a. If the Deciding Official believes medical information is necessary to evaluate a request

for PAS, he/she should contact the bureau EEO Office.

b. If a determination is made to seek medical information, the requested information should

be limited to that necessary to establish that the employee requires PAS because of

his/her targeted disability and the nature of the PAS required. Documentation unrelated to

the claimed targeted disability should not be requested. Bureau requests for medical

information will follow the requirements set forth in the Enforcement Guidance for

Disability-Related Inquiries and Medical Examinations of Employees under the

Americans with Disabilities Act.

c. The EEO Office will seek information or documentation about the functional limitations

from the Requester, and/or ask the employee to obtain such information from an

appropriate health care professional, such as a doctor, social worker, or rehabilitation

counselor. Once medical documentation is received, the bureau EEO Office and any

other appropriate bureau official will evaluate the documentation.

d. Alternatively, the employee requiring assistance may agree to sign a limited release,

giving the EEO Office permission to submit a list of specific questions to the employee's

health care professional or to contact the employee's doctor.

CRD Publication

e. The EEO Office may ask for additional information if the information provided by the

health care professional or volunteered by the Requester is insufficient. The EEO Office

should explain to the employee seeking PAS, in specific terms, why the information

provided is insufficient, what additional information is needed, and the reason the

information is necessary for determining the need for PAS. The individual may then ask

the health care provider or other appropriate professional to provide the missing

information.

f. Agency officials should not contact a health care professional directly without express

permission from the employee, as described in subpart d of this section. In any event,

any contact with a health care professional should be discussed in advance with bureau

legal counsel and the EEO Office.

g. In the event the Requester supplies medical information directly to the Deciding Official,

the Deciding Official will adhere to the “Responsibilities” in Section 6 of this process,

and forward documents in a sealed envelope to the bureau EEO Office.

h. If the Requester does not provide appropriate documentation or does not cooperate in the

bureau's efforts to obtain such documentation, the bureau may deny the requested PAS.

8. CONFIDENTIALITY AND DISCLOSURE. All medical information, including

information about the employee’s functional limitations and PAS needs, obtained in

connection with a request for PAS, must be kept confidential. The information shall be kept

in files separate from the employee's official personnel file and shall be stored in a separate

locked cabinet and/or other password-protected file. In addition, individuals who obtain or

receive such information are strictly bound by these confidentiality requirements. Whenever

medical information is disclosed, the individual(s) disclosing the information must inform the

recipients of the information about the confidentiality requirements that apply. The

information may be disclosed only to the following individuals:

a. Deciding Officials, supervisors, and managers who need to know may be told about the

PAS needed by the employee, but medical information should be disclosed only if

necessary for the safety or health of the employee.

b. First aid and safety personnel, when appropriate, if the employee receiving PAS might

require emergency treatment or special arrangements in emergency situations such as

building evacuations.

c. Government officials, when the information is necessary to investigate compliance with

the Rehabilitation Act.

d. In certain circumstances, to workers' compensation offices or insurance carriers.

CRD Publication

e. Department legal counsel in connection with providing legal advice to agency officials.

9. GRANTING PERSONAL ASSISTANCE SERVICES. The Deciding Official should

communicate to the Requester the decision to provide PAS, as soon as possible after it is

made. If PAS cannot be provided immediately, the Deciding Official must inform the

Requester of the projected time frame for providing the services. A Deciding Official or

supervisor may take temporary action, such as approving a temporary PAS provider (i.e., an

employee can request to bring their own PAS provider to work as a reasonable

accommodation) to perform the assistance requested, or authorizing temporary telework.

Where the Deciding Official decides to provide temporary services, the written decision

should explain both the reasons why temporary services are being provided and when the

Official believes a PAS provider will be assigned.

Note: The Agency will not assume financial responsibility when temporary use of a family

member or personal PAS provider is granted as a reasonable accommodation.

a. Time Frames for Processing Request. The time necessary to process a request will

depend on the nature of the PAS requested. At a minimum, however, requests shall be

processed as follows:

1) Requests Not Involving Extenuating Circumstances. If the request does not require

obtaining supporting medical information, a security clearance and/or background

investigation, the request shall be processed and, if granted, PAS provided as soon as

possible but not more than 30 business days from the date the request was initially

made.

2) Requests Involving Extenuating Circumstances. When extenuating circumstances are

present, the time for processing a request for PAS will be extended as deemed

necessary. However, such extensions should be rare. All bureau officials are

expected to act as quickly as reasonably possible in processing requests and providing

PAS. The following are examples of extenuating circumstances:

(a) The PAS provider will have access to classified information and will require a

specific type of background investigation.

(b) The request requires supporting medical documentation.

3) Where extenuating circumstances are present, the Deciding Official must notify the

employee requesting PAS, in writing, of the reason for the delay, and the approximate

date on which a decision, or provision of the PAS, is expected. Any further

developments or changes should also be communicated promptly to the employee.

CRD Publication

4) If there is a delay in providing an approved PAS, the Deciding Official must decide

whether temporary measures can be taken to assist the employee. This could include

providing the requested services on a temporary basis.

5) If a delay is attributable to the need to obtain or evaluate medical documentation and

the bureau has not yet determined the employee is entitled to receive PAS, the

bureau may also provide services on a temporary basis. In such a case, the Deciding

Official will notify the employee in writing that the assistance services are being

provided on a temporary basis pending a decision on the PAS request.

6) Bureau Deciding Officials who approve such temporary measures are responsible for

ensuring they do not take the place of permanent assistance services and that all

necessary steps to secure permanent assistance services are taken.

10. DENIAL OF PERSONAL ASSISTANCE SERVICE. When a Deciding Official decides

to deny a PAS request, he/she must issue a written decision to the Requester and a copy to

the bureau EEO Office. The explanation for the denial should be written in plain language,

clearly stating the specific reasons for the denial. When evaluating budgetary or

administrative concerns to determine if undue hardship exists, the bureau will follow the

standards outlined in the regulations and in the "Enforcement Guidance on Reasonable

Accommodation and Undue Hardship under the Americans with Disabilities Act".

Explanation(s) may include the following:

a. Individual requiring PAS is not an employee;

b. Employee does not meet the definition of an individual with a targeted disability, as

defined in OPM SF-256, or the targeted disability does not create a need for PAS;

c. Employee is not able to perform the essential functions of the job, even with PAS and

any reasonable accommodations;

d. Employee would create a direct threat to safety on the job, even with PAS and any

reasonable accommodation; or,

e. Providing PAS would result in undue hardship. A determination of undue hardship

means the bureau finds that providing PAS would result in significant difficulty or

expense, or would fundamentally alter the nature of the bureau's operations.

11. DISPUTE RESOLUTION PROCESS.

a. If an individual wishes reconsideration, he/she should first ask the Deciding Official to

reconsider the decision, within 10 business days of receiving the written denial. The

_____________________________________

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individual may present additional information in support of his/her request. The Deciding

Official will respond to the request for reconsideration, within 5 business days. Any

request for reconsideration received after 10 business days of the denial will be treated as

a new request for PAS.

b. If the Deciding Official does not reverse the decision, the individual may appeal the

decision, within 10 business days of receiving the Deciding Official’s denial of the

request for reconsideration. The appeal shall be decided by the next level manager or any

other more senior official in the Deciding Official’s chain of command. A response to

the appeal will be issued to the individual, within 10 business days.

12. INFORMATION TRACKING AND EVALUATION. The bureau’s EEO Officer will

annually evaluate the bureau’s Personal Assistance Services Program. An effective PAS

Program is part of a model EEO program, and results must be included in Part J (Special

Program Plan for the Recruitment, Hiring, and Advancement of Individuals with Targeted

Disabilities) of the bureau’s Management Directive (MD) - 715. Bureaus must describe in

Part J of MD-715 (Section V.D.), the effectiveness of the policies, procedures, or practice to

implement the PAS requirement, which includes the following:

a. Timeliness of processing requests for PAS.

b. Timeliness of providing approved PAS.

c. Training for managers and supervisors on providing PAS.

d. Monitoring requests for trends.

Mariam G. Harvey

Director

Office of Civil Rights and Diversity

Attachment: A-1, Sample Personal Assistance Services Request Form

APPENDIX A-1: SAMPLE PERSONAL ASSISTANCE SERVICES REQUEST FORM

Written Request For Personal Assistance Service

Employee Name

Date of Request

Name of Employing Office

Occupational Series and Grade

Office Telephone Number

(e.g., GS-301-11)

Employee’s work email address

Identify the targeted disability requiring Personal Assistance Services.

Are you requesting services

If so, provide the Name and Telephone No.

from a specific PAS provider of the PAS provider.

(e.g., family member)?

__________________________________

( ) Yes ( ) No Name

__________________________________

Telephone Number

Briefly describe the specific service(s) being requested.

If the requested services are time sensitive, please explain in detail. (If

additional space is needed, attach a separate sheet.)

Requester’s Signature:

Note: In reviewing this request, it may be determined that medical documentation is needed

to support this request. If that is the case, the employee will be requested to provide limited

medical information sufficient to support this request for PAS.

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