SF 3112B

OPM Standard Form 3112B: Supervisor’s Statement:

Were it that managerial approaches were diverse, and that such differences in stylistic methodologies constituted a perfect tailoring of individual personality to a particular job at hand; then, in that event, efficiency would predominate, scandals of long waiting times would disappear, and Federal and Post Office Workers would never be tested in their penultimate entanglement with the requisite virtue of patience.  But this is the real world. This is not some parallel universe in which dreams are dictated by wants and desires, and satisfaction of personal goals are attained at a whim.

In the harsh reality of technological onslaughts and daily toils of repetitive boredom, supervisors are placed in positions of trust, often misfits in an universe of onerous regulatory requirements and mandates.  As in all sectors of society, both public and private, there are good ones and bad, competent and their opposite; caring and callous; cold, indifferent, or warm beyond a fault.  But because of the busy-ness of the world in which we live, being aware of, or having the time to care for, the problems of subordinates, is a rare trait.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition necessitates filing for Federal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, the process will require the request for completion of SF 3112B, or more commonly known as the Supervisor’s Statement. For some, it will merely be a nuisance in the mere act of requesting; for others, a chaotic turmoil of sorts, filled with angst and thoughts of retribution and retaliation.

Ultimately, however, this is where standardized forms work for the benefit of Federal and Postal employees, because of the specificity of questions posed in SF 3112B.  Yes, there are blank spaces for some extemporaneous comments; yes, attachments to SF 3112B are allowed; but the most relevant queries are merely requests for box-checking, and that is where brevity is to the benefit of the Federal employee or Postal worker.

In the end, the process of filing for Federal Disability benefits through OPM is based upon the sufficiency of medical documentation, and not what a Supervisor says or leaves out in SF 3112B.  That is why an executed methodology of a coherent strategy to obtain evidentiary support is so crucial to a successful outcome in preparing, formulating and filing for Federal Employee Disability Insurance benefits, whether the Federal employee or Postal worker is under FERS or CSRS.

 

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Conversely, the Roles to Perform

Speaking extemporaneously, or in an impromptu manner, can have dangerous consequences, precisely because it diverges from a prepared text or speech.  Comfort zones define most people.  For government agencies and Federal bureaucracies, there are “Standard Operating Procedures”, and in some ways, to adhere to an SOP provides for a fair application of a “one size fits all” approach, thereby preventing allegations of favoritism, actions tantamount to insider trading, or cronyism.

Agencies and organizations tend to react in predictable ways.  Because of such predictability, Federal and Postal employees who have had a “good” relationship with one’s supervisor or manager will often make the mistake that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, such a positive relationship will continue even after informing the agency that one will, has, or intends to, file for Federal Disability Retirement benefits.

But the mistake in making such an assumption is that the relationship itself necessarily contains an implicitly conditional factor:  continuation of work which benefits the supervisor or manager through a positive reflection of performance, with a greater reflection of good upon the agency as a whole.  Once that conditional element is neutralized, the benefit to the supervisor and the agency is negated, and the relationship itself becomes unnecessary, null and void.  Adversity begins to appear.  Animosity, contention and suspicion abounds.

Federal Disability Retirement by the Federal or Postal employee must be viewed as a medical necessity for the individual; but for the agency, it is like the man who attempts an impromptu remark, and finds that an action outside of the bounds of a standard operating procedure has been disallowed; it’s just that no one told me so.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Performance of Roles

Discussions concerning “performance” can often have implicitly negative connotations; for, the term itself can refer to a ‘faking’ of what one truly believes or does, as opposed to the substance of who a person is.  Thus, in the recent nationally-viewed debates, there is widespread discussions about the “performance” of X; whether he “looked” strong, firm, in command of the facts, etc.  Such evaluative statements, of course, appear in obvious contrast to the inverse:  Was X in fact in command of the facts; was he in fact firm, etc.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important while in pursuance of the administrative process, to recognize the performing roles of each entity, and not to confuse them.  To confuse an enemy for a friend can result in disastrous consequences; to mistake a friend for an enemy can change the course of one’s life; to fail to recognize the proper roles in life, can alter one’s future forever.

Supervisors, managers, and those who are superior in rank and position, should never be considered as confidants, as a general rule.  When one is about to separate from Federal Service, or have an underlying intent to do so, should fill one with caution in approaching people to whom information may be disseminated.  Proper roles dictate certain predictable behavior, and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to acknowledge the roles which each person plays, and to act accordingly.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Friendly Supervisor

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Supervisor — and therefore the Agency itself — will be informed of one’s application for Federal Disability Retirement, because of the requirement of the SF 3112B.

Standard Form 3112B is the “Supervisor’s Statement”; it is a form which needs to be completed by a Supervisor of the Federal or Postal employee who is applying for Federal Disability Retirement benefits.  Because the form must be completed by a Supervisor of the applicant, it is therefore presumed that “others” at the agency will come to know that the Federal or Postal employee has filed for Federal Disability Retirement benefits.

Often, the question is asked as to “when” the Supervisor should be informed of the employee’s application.  It can be a touchy issue.  Because the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits often feels a certain sense of loyalty, especially if the Supervisor has been “good” to him or her, the instinctive sense is to inform the Supervisor sooner, rather than later.  But remember that loyalty in the Federal government is almost always a unilateral approach; it runs one way — from the individual to the agency; rarely is it bilateral, where it runs both ways.

Further, once a Federal or Postal employee contemplates filing for Federal Disability Retirement, the loyalty of the Supervisor is normally seen as connected to, and only to, the agency; and the very fact that an employee has mentioned the term “Federal Disability Retirement” is often the turning point of any connective loyalty.

Loyalty is what one is doing now and for the future, not what one has done in the past.  Such words may invoke a sad truth, but one which should be heeded.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Federal Agencies

Why do some Federal Agencies (and the Postal Service) act in non-supportive, negative ways, while others go out of their way to support their employees?  The answer to such a question essentially is as complex (or simplistic) as individuals themselves; for agencies are made up of individuals, and the reaction of an agency is often a reflection of the individuals who lead the agencies. 

When it comes to an employee filing for Federal Disability Retirement, this is often important to understand, because while Agencies (i.e., supervisors) cannot ultimately block a Federal Disability Retirement application under FERS or CSRS, they can sometimes make the process more difficult for the applicant, by engaging in certain tactics (e.g., placing a person on AWOL as opposed to LWOP; delaying the writing of a Supervisor’s Statement; the H.R. Department being obstructionist, etc.) 

In dealing with an Agency, it is important to remain courteous, but not weak; professional, but not a “pushover”.  Further, it is important, where possible, to have an attorney deal with the Supervisor or the H.R. Department as a “buffer” between the Applicant and the Agency, to de-personalize the process.  When Agency Supervisor’s take things personally, problems arise.  It is as if all of the pent-up angers of accumulated personal slights come roaring to the forefront.  One should always try and avoid such personalization of the process, and allow for the smooth transition of the employee to becoming a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: SF 3112B

It is amazing how a Supervisor’s Statement is completed.  Normally, it is completed without much thought; sometimes, it is completed with too much thought (and self-protective, CYA language concerning how much effort the agency attempted in “accommodating” the employee, when in fact little or no effort was made); more often than not, there is a last, parting shot at the employee — some unnecessary “dig” which often contradicts other portions of the statement; and, finally, every now and then, the Supervisor’s Statement is completed in the proper manner, with forethought and truthfulness. 

Fortunately, the Office of Personnel Management rarely puts much weight on a Supervisor’s Statement in making a determination on a Federal Disability Retirement application under FERS or CSRS — unless there is some glaring statement of a deliberate attempt to undermine the Application.  This is rare, because it is a medical disability retirement, not a Supervisor’s disability retirement — meaning, that it is the medical opinion, not the opinion of a Supervisor, which is (and should be) most important.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Supervisors, Agencies and H.R. Personnel

I am sometimes pleasantly surprised at Supervisors — ones who actually recognize that an individual filing for Federal Disability Retirement under FERS or CSRS does so out of necessity, and not out of any personal or professional spite against the Supervisor or the Agency, and that the proper response to convey is one of support, empathy, and cooperation, without needing to compromise the goal and mission of the Agency.  Further, I am taken aback by the unprofessional and utterly unhelpful attitude of many Human Resources personnel in the processing of a Federal Disability Retirement application. 

Too often, the H.R. person finds it his or her mission in life to be an obstacle to the smooth processing of a disability retirement application under FERS or CSRS.  Yet, the law is clear (though not to many of the H.R. Departments at various agencies):  it is the Office of Personnel Management which has the sole legal authority to make a positive or negative determination on a Federal Disability Retirement application; at the agency level, the role of the Human Resources person is to try and expedite and efficiently process the disability retirement application.  Hopefully, those who have the positional designation of “Human Resources” will come to realize what it all actually means:  he or she is supposed to be a “resource” (a positive one, for that matter) with a “human” emphasis.

Sincerely,

Robert R. McGill, Esquire