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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (161)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (79)
    • Federal Disability Judge-Made Decisions Quoted (35)
    • FERS Disability (10)
    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
    • Mental/Nervous Condition (49)
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    • OPM Disability & OWCP Workers Comp Filings (45)
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      • OPM Disability Application – SF 3112 Disability Retirement Application Package (29)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
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    • When the OPM Application Is Approved (14)
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Lawyer Representation for OPM Disability Claims: The Crafted Statement

Posted on September 3, 2018 by OPM Disability Retirement Lawyer

The crafted statement is the one which is thoughtfully delineated, carefully constructed and put forth with logical force of persuasive content.  It is not the one written in a panic of time-constraints, nor the one rushed with the background admonition screaming in one’s mind that it “must be finished!”

The crafted statement takes into account the evidentiary basis, evaluates the strengths, carves out the weaknesses and applies the legal precedent in appropriate and effective ways.  While repetition is a tool utilized (because, after all, we are dealing with seasoned bureaucrats at the U.S. Office of Personnel Management who are quite used to repetitive content), it nevertheless does not apply such a tool without sound reasoning behind each word of redundancy, but instead places the cadence of words within a rhythmic sentence wrapped in a paragraph of argumentative methodology of persuasive content.

For Federal employees and U.S. Postal workers who are putting together one’s Federal Disability Retirement packet, to be submitted whether first through one’s Human Resource Office at one’s agency (if the Federal or Postal worker is still an employee, active or not, or if separation has occurred but not for more than 31 days) and then to the U.S. Office of Personnel Management — or, alternatively, if separation has occurred and 31 days or more has passed, but not more than 1 year, then directly to OPM at Boyers, PA — the crafted statement is a “must” in completing SF 3112A, Applicant’s Statement of Disability.

But that is not the only place where the “crafted” statement must be prepared.  Long before SF 3112A is completed, or even contemplated for completion, SF 3112C and its confusing instructions had to be dealt with.  Physicians are not known for their writing abilities; rather, they are (hopefully) great at providing sound medical care, but as for the well-crafted statement, well…some guidance and input from an attorney who  specializes in Federal Disability Retirement Law is the first step in putting together the crafted statement.

Sincerely,

Robert R. McGill, Esquire

 

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  • More on FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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