Informational OPM Forms (SF 3107) versus Specific Content OPM Forms (SF 3112)

Categories are important in order to properly bifurcate, distinguish, identify and comprehend for effective satisfaction and completion. If such differentiated distinctions are not clearly understood, one can easily be lulled into responding to a specific-content question as if it is merely “informational” in nature.

Thus, for the Postal and Federal employee who is formulating responses to Standard Forms for purposes of filing for Federal Disability Retirement benefits, whether the Federal employee or Postal worker is under FERS or CSRS, the sequence of preparing for completion in providing satisfactory answers is important.

OPM form SF 3107 (the “SF” stands for “standard form”) requests basic, factual information data, such as the applicant’s name, address, agency information, marital status, whether and to what extent one wants to elect survivor’s benefits, etc. The accompanying form, Schedules A, B & C, requests further information regarding military service, whether time in the military was bought back, as well as any OWCP claims previously or currently submitted or received, etc.

Then, in preparing, formulating and filing for Federal Disability Retirement benefits, again whether one is under FERS or CSRS, the accompanying SF 3112 series must be completed and filed. One’s mental status and intellectual antenna, however, should immediately be placed on high alert when encountering and engaging the SF 3112 series of OPM forms. For, in this series of Standard Forms (SF 3112A, SF 3112B, SF 3112C, SF 3112D & SF 3112E), the distinguishing features should become immediately self-evident by the very nature of the questions queried. No longer are the forms merely requesting basic information; rather, interpretive considerations must be thoughtfully engaged.

Questions concerning one’s medical conditions; what medical conditions will be considered; whether one can later supplement the listing of medical conditions if further medical developments arise; whether there is room on the form itself for a full description and, if not, can a continuation of the form be attached; the impact upon the essential elements of one’s positional duties; what those essential elements are; and multiple other similar conundrums suddenly become presented, necessitating the switch from mere “information” to one of “specific content” directed by the change in the series of OPM forms from SF 3107 to SF 3112.

Paradigm shifts were made famous by Thomas Kuhn in his historically important work, The Structure of Scientific Revolutions. It is no less important to recognize that a paradigm shift is equally important in completing OPM Disability Retirement forms. While there is no book which guides the Federal or Postal employee, such as, “The Structure of Form-Filling Revolutions”, the identification and recognition that filing for Federal Disability Retirement benefits requires an acuity of mind in filling out OPM forms, is an important step in reaching a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

SF 3112

Standard Forms are a necessary part of life. Bureaucracies streamline for efficiency of services; the question of whether such efficiency is for the benefit of an applicant to a Federal agency, or to ease the workload of the agency and its employees, is ultimately a fatuous question: as common parlance would sigh with resignation, “it is what it is”.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition impacts and ultimately prevents one from performing one or more of the essential elements of one’s positional duties, filing an application for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS or CSRS, will be a requirement which will include completing OPM application forms. There will be the SF 3107 series of forms, as well as the SF 3112 forms. Such forms request a tremendous amount of information, both personal and of a very confidential nature.

The justification for requesting such information by the agency which will review such forms (the U.S. Office of Personnel Management in the later stages of a Federal Disability Retirement application, but initially through one’s own agency, including the Human Resource Office of the agency for which the Federal or Postal employee works, as well as the Supervisor of the applicant who is applying for Federal Disability benefits), is based upon a two-folded approach: The applicant who voluntarily applies for Federal Disability benefits is required to provide such information in order to prove eligibility, and such voluntariness justifies the request itself; and, secondly, there is a “need to know” such information in order to properly assess such information, based upon a preponderance of the evidence. Beyond the SF 3107 forms, the SF 3112 forms will ask for detailed information on the most personal of issues: One’s medical conditions and the impact upon employment capabilities and daily living issues; request of the Supervisor information concerning work performance; ask of the agency to assess and evaluate any capability for accommodating a medical condition; and a similar multitude of onerous, prying questions.

Filing for Federal Disability Retirement benefits will require much of the Federal and Postal employee seeking a medical retirement annuity, in the very forms which allegedly “streamline” the process, and these will necessarily include SF 3107 forms and SF 3112 forms. In the end, however, when weighed comparatively against one’s health and the need to move on to a less stressful environment, the price one must pay is relatively cheap when considering the high cost of continuing in the same vein.

Sincerely,

Robert R. McGill, Esquire

USPS & OPM Federal Employee Disability Retirement: One of Those Days

There are “those days”, so characterized because of the micro-calamities which, in their cumulative impact, disproportionately reveal a compendium of aggregated irritants amounting in totality to a forgetful epoch of one’s life.

By contrast, a medical condition of an insidious nature, progressively deteriorating, chronic in persistence and debilitating in severity, magnifies tenfold — nay, a hundred, a thousand, a ten-thousand-fold impact of exponential consequences — the remembrances of pain, psychiatric turmoil, and the bitter acknowledgment that life’s meaningful embrace has lost its luster.

The vibrancy of youth, of formidable tolerance for reckless antics and disregard of forbearance and calm rectitude of reasoned behavior, now replaced with caution and trepidation, lest the excruciating pain explodes unmanageably and coworkers can see that you are one of the ones who are now an “outsider”, like those of old, isolated, quarantined and banished to the leper colony, no longer extolled of the talents and virtues once possessed.

While microcosmic calamities can be shrugged off with an excuse of blaming some external circumstances, the problem with medical conditions is that it is tied singularly, inextricably, and undeniably, to the person “possessing” the medical condition; and like siamese twins who share a vital organ, one cannot extricate from the consequences of a medical condition as one can from a spilled cup of coffee.

For the Federal worker or Postal employee who suffers from a health condition, such that the medical condition constitutes a daily cup of spilled coffee, the choices are quite clear: remain in the same capacity and bear the brunt of the daily calamities; resign and walk away with little to nothing to show for one’s lifetime efforts; or the more viable option, to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

One can sit and sigh, and resign one’s self to accepting fate as characterized as “one of those days”; or fate can be controlled, maneuvered and manipulated, to where those days of calamitous casuistry can be relegated to forgettable events of days bygone, and where the Federal or Postal employee can begin to rebuild a future based upon an OPM Disability Retirement annuity which allows for a base annuity, along with the potential to earn up to 80% of what one’s former position currently pays.

Thus, just as a cup of coffee spilled can be cleaned up; so the hallmark of “one of those days” can be merely an isolated event in an otherwise greater spectrum of life’s potentialities.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Orchestration

The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence — that momentary pause which allows for sound to pass by in waves of sonorous beauty — is the untouched beach combed by the lapping waves of quietude.

The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by the conductor with precision and sensitivity, is the core of a brilliant musical performance. But orchestration embraces such beauty of composition in all walks of life — from the predator silently creeping to pounce upon its prey in the footprints upon grounds which give way with a flicker of silence or sound, allowing for alerting the victim or not; to the composition of a breathtaking novel in coordinating characters, scenes and descriptive metaphors; the ability to coordinate the complexity of singularities into a cohesive whole is the art of orchestration.

And so it is in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. Federal Disability Retirement may seem to be a purely administrative endeavor which has no connection to the beauty of musical orchestration; but it is in the cohesive adherence of law, statement of facts, and procedural preparedness, that the invisible thread of creativity must come to the fore.

One’s Statement of Disability, standing without the law, is insufficient; the argument of the law, without the medical foundation prepared, is merely a hollow voice of reason; and the lack of creating a bridge between one’s medical condition and the positional requirements and essential elements of one’s job, leaves an abandoned castle surrounded by a dangerous moat.

Metaphor is a key to understanding complexities of life; for the Federal and Postal Worker who needs to file for Federal Disability Retirement benefits under FERS or CSRS through OPM, the orchestration of life’s complexities may require a conductor who guides the instruments toward a successful outcome in the preparation, formulating and filing of a Federal Disability Retirement application, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Identifying the Right Bridge to Reach Your Destination: Federal Employee Disability Retirement

When considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the natural inclination is to ask the seemingly primary question of: Does medical condition-X qualify as a disability? But such a question is in actuality secondary; it is the reverse-order and counterintuitive process which is often confusing for the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits.

The primary question, making the previously-stated questions secondary, is to ask: Does medical condition-X prevent one from performing one or more of the essential elements of one’s job?  By inverting the primary-secondary sequence, one can then attain a better level of understanding as to the administrative process of filing for Federal Disability Retirement benefits.  Further, such a switch in sequence of questions-to-answers allows for an important paradigm shift.  For, in the very asking of the proper question, one can reach a level of understanding to such a stage of comprehension that the question almost answers itself.

Medical conditions in and of themselves do not necessarily qualify the Federal or Postal Worker who is otherwise age or service-eligible for Federal Disability Retirement benefits; it is the nexus which must be established between one’s position and the medical conditions one suffers from.  It is the crossing of that bridge which will reveal the extent of success or failure in attempting to go down this path; but first, the Federal or Postal Worker must correctly identify which bridge to cross, before even starting the long and arduous trek of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: Catch of the Day

Restaurants announce it; law enforcement offices declare it; con artists make a living by it; and agencies sneeringly pounce upon them. They are the designated focus for the day, often longer, and sometimes until they disappear from the depths of abundance which the season and migration of schools allow.

When one is a Federal or Postal Worker, becoming the “catch of the day” can mean that you are the targeted one; the one whom harassment and daily persecution becomes the norm and routine, and having such a reputation allows for the safe haven of others who exhale a loud sigh of relief for being spared such an ignoble designation. Once the target, agencies never let up. Whether it leads to a PIP, multiple suspensions, letters of reprimand, sick and annual leave restrictions on usage, doesn’t quite seem to satisfy the insatiable appetite of the persecutors.

Yes, there are some countermanding moves: EEO complaints; grievance procedures filed; even lawsuits and resulting awards of significant verdicts, on rare but victorious occasions. But the human toil expended rarely justifies such moments of rare glory; and for the individual who suffers from a medical condition, the juggernaut of the agency’s reserves and reservoir of implements and infinite resources of persecution means that a time of respite is merely temporary.

Federal Disability Retirement is a benefit which one must consider when the coalescence of a medical condition, agency actions, and the recognition that one is unable to perform all of the essential elements of one’s job, comes to a tripartite sequence of combined consonance.

Filed through the U.S. Office of Personnel Management, the Federal or Postal employee under FERS or CSRS has the opportunity to receive an annuity, and still go out and begin a new career in the private sector, and make up to 80 percent of what one’s former Federal or Postal position currently pays.  It is a consideration which should always remain a viable option, lest one’s picture remain with a bullseye depiction alongside the declaration that you are the agency’s “catch of the day”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Further Reflections on Accommodations

Because the term “accommodations” is rarely understood in its technical and legal sense, there is often the danger of a Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS to “shoot one’s self in the foot” in the very use of the term — or in checking certain boxes on the application form (specifically, SF 3112A, Applicant’s Statement of Disability), and further, there is the added danger that the Agency, in completing a Supervisor’s Statement or the SF 3112D, will mis-apply and mis-state the import, significance or relevance of any actions taken in attempting to assist the Federal or Postal employee.

Indeed, in a Supervisor’s Statement (SF 3112B) there are many instances in which the Supervisor completing the form will contradict him/herself when it comes to the issue of accommodations.  Moreover, the applicant him/herself will often mis-state the issue of accommodations on SF 3112A.

The term “accommodations” has a very narrow definition, and must be used and applied to the advantage of the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS.  Additionally, it is not out of the realm of possibilities that the Office of Personnel Management also (whether deliberately or by chance) uses the very misuse (by the Applicant) of the term to its advantage.  In all cases, the term “accommodations” must be used and referred to carefully, technically, and with full insight of all of its consequences in the use or misuse of the word.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Preparation

Observing competence in action often results in the disarming effect that all endeavors are easy and effortless, and that the price to be paid, the admission fee for fame, is merely based upon luck, whom you are associated with, or what school you attended.  And while it may be true that meritocracies are fading into the oblivion and sunset of historical anachronisms, and the new and acceptable approach to societal fairness is to implement the distribution of wealth via Piketty’s proposed paradigm in his compendium work, Capital in the Twenty First-Century; nevertheless, there are some things which one must still prepare for, and formulate a road-map for a successful outcome.

GPS devices tell us what to do, where to turn, how many miles the journey will take; administrative and bureaucratic facets of life still lack any such electronic directional voices.  For Federal and Postal employees who must consider the reality of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the reality of preparation must be faced and confronted.  Preparation must involve: obtaining effective medical reports (how does one go about doing that?); what are the legal parameters which increase the chances of a First-Stage successful filing (is this based upon the law or some other factors?); what are the procedural steps which must be adhered to (is there a sequence to be followed, or can one approach the process through multiple avenues and tentacles simultaneously?).

The fact that one pays a single admission fee to watch a symphony or ballet does not mean that players perform based upon the singularity of the fee; that would be an absurdity. Preparation constitutes multiple actions behind the curtains, far in advance of the final performance displayed for the seated audience. It is up to the Federal and Postal employee to go backstage before the performance begins, and to unravel the hidden devices, the invisible threads, and the wizard behind the proverbial curtain.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement from the U.S. Office of Personnel Management: Expunging the Chatter of Irrelevance

The bombardment of information is a constant and persistent drone; what constitutes newsworthy items, priority of information, and sifting through the quantitative morass of irrelevance, is a daily toil which requires expenditure of human stamina and sheer will power which grinds and depletes the soul of needed quietude.

This is a complex world.  The blare and glare of “relevant” information fights for our attention daily, if not every minute of each hour; if not every second and fraction thereof; and sometime in the recent past, the accepted bifurcation between news, entertainment, and personal opinion no longer followed the conventional pathway of self-evident declarations, and it became the norm to cross the boundaries of propriety.

Now, it is up to each individual to unravel the composite fictions created by the quantitative juggernaut of information overload. Information is there for the public; that is a good thing.  But to recognize and divide relevant information from the chatter of irrelevance — that is the key to maintaining one’s sanity.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the tripartite pressure of information overload confronts one with an unavoidable immediacy: Trying to maintain one’s job while simultaneously fending off any adverse actions from the agency; trying to prepare a Federal Disability Retirement application without undue dissemination of sensitive medical information to those not necessary to the process, and thus attempting to retain a certain level of privacy; and trying to find relevant information from the vast storage of quantitative overload, and sifting it down to that which is relevant, as opposed to the chatter of irrelevance.

The chatter of irrelevance, quite simply defined, is that which makes a lot of noise, but is substantively devoid of useful content.

Compare, contrast, and analyze; but in the end, the age-old merchant’s adage of “buyer, beware,” should still be applied when accepting information for such an important step as preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

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