Federal Disability Retirement Benefits for Federal & Postal Employees: Knowing your own Case

In preparing and submitting an application for Federal Disability Retirement benefits under FERS & CSRS, it is important to know your own case.  This will often take some time and effort, but it is worthwhile, for many reasons:  Knowing and understanding the extent to which your doctor will support you; understanding fully the medical terminology which your doctor has used; knowing that what you say in your Applicant’s Statement of Disability (SF 3112A) does not contradict or otherwise invalidate what your doctor states in his or her medical report — these are all important aspects of a Federal Disability Retirement case.

Often, doctors use medical terminology which, read in the context in which it is written, can be misunderstood and mininterpreted.  Such misreading then leads to a misstatement by the applicant in his or her Applicant’s Statement of Disability, thinking that it is supported by the medical documentation which is submitted. Even if it is an honest error, such a self-contained contradiction can harm a case, as when the Office of Personnel Management is able to point to a doctor’s report and is able to state:  While you claim X, your own doctor states Y…

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: What the Agency Can Do

It is always striking (and suspicious, of course) when an individual tells me that his or her Agency has said that they will “OK” the Federal disability retirement application.  I always remind the individual that it is not the Agency; rather, it is the Office of Personnel Management which approvals or denies an application for Federal Disability Retirement benefits under FERS or CSRS.  In many ways, the Agency attempts to assert for itself greater influence and impact than it really has.  I try and remind people all the time that a Federal Disability Retirement application is a medical retirement application — it is not an Agency retirement application; it is not a Supervisor’s disability retirement application; it is not up to the Human Resources’ Department of the Agency.  The ultimate arbiter of the entire process is the Office of Personnel Management; and the criteria for eligibility is based upon a set of statutory requirements, which must be met by a preponderance of the evidence; and the overwhelming focal emphasis concerns the medical eligibility.  Agencies are too often given too much credit for the success or failure of a Federal Disability Retirement application under FERS or CSRS.  In my view, the influence, input and power of an agency is almost always overstated.

Sincerely, Robert R. McGill, Esquire