Early Medical Retirement for Disabled Federal Workers: SF 3112A, SF 3112B, SF 3112C & SF 3112D

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee will be asked to complete a mountain of standard government forms.  The forms themselves appear to merely request “information”.  Don’t be fooled.  It is not mere information; it is the basis upon which OPM approves or denies a case.  

For the CSRS employee (which is becoming rarer by the hour because of the replacement of CSRS with FERS back in the mid-80s), in addition to SF 3112A, SF 3112B, SF 3112C & SF 3112D (which both CSRS and FERS employees must complete), Standard Form series numbered 2801 (SF 2801), along with Schedules A, B & C must be completed.  For FERS employees, in addition to the SF 3112 series (again, SF 3112A, SF 3112B, SF 3112C & SF 3112D), the Federal or Postal employee must complete SF 3107, along with Schedules A, B & C.  

These forms constitute the “nuts and bolts” of the Federal Disability Retirement application process.  Not only must “information” be provided in filling out these forms; there are “tricky” issues which must be addressed at the outset.

For example, SF 3112C is the “Physician’s Statement”, and is meant to be used in order to guide the physician into providing a detailed physician’s statement.  It is a confusing, convoluted form which often makes the doctor feel intimidated.  It is preferable to have the doctor address the elements requested on SF 3112C without actually using the 3112C.  However, if a Federal or Postal employee is unrepresented and unaware of this, then the potential disability retirement applicant may unknowingly sign the form, when it may not be in the best interest of the Federal or Postal employee to do so.  

Be aware; “information” is not a mere compilation of facts and figures; rather, information is always used — whether for, or against, something or someone.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Weaving of Words

From working with raw materials to the final production of a work of utility with an aesthetically pleasing look, the weaver must be skilled in handling the process of creating from scratch.  It is in the very art of weaving, where the end-product notices not the imperfections of that which nature produced, that the “art form” is created.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to take the materials provided — the medical condition of the Applicant; the doctors who are treating the Federal or Postal applicant; the Supervisor who will be writing up the Supervisor’s Statement; the Human Resources office of the Agency who will be completing SF 3112D — and to “weave” together from the fabric of such diverse sources, and complete a persuasive Federal Disability Retirement packet, such that the compendium of information can be presented in an “aesthetically” pleasing manner (i.e., understandable, comprehensible, and effectively streamlined in order to be convincing and compelling).

OPM is the “purchaser” of the Federal Disability Retirement application, and must be the one who accepts the “product” of a Federal Disability Retirement application.  The “weaver” must be skilled enough to put the packet together, from the raw materials provided, to the finished product.  Upon a successful “purchase”, it is then that the Federal or Postal employee will have obtained the desired result — an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: Systematic versus Haphazard

The latter term (“haphazard”) is marked by a lack of planning, and connotes a loss of direction and depicting disorderliness.  The first term in the bifurcated title represents a purposeful and planned event; one which possesses a goal from the beginning of an initiated process, and in an ordered manner, goes about to execute that goal by taking and completing pre-planned steps in order to reach that endpoint.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to approach the completion and filing of a Federal Disability Retirement application in a systematic manner, as opposed to a haphazard one.  By “systematic” does not necessarily mean “sequential”, however — as in the sequence of the standard forms which one receives in a packet of governmental forms.

Thus, for instance, if one simply picks up the 3112 series of forms, it would not make sense to fill out and complete 3112A first, then to send out the Physician’s Statement (3112C) to the doctor (side note:  this author has widely, systematically, and for some great amount of time, counseled against using the 3112C because of the potential wider consequences of allowing for unfettered access by the agency to a Federal or Postal Worker’s medical records, so be forewarned) for completion.

Indeed, to do so would not make any sense:  why would one complete questions about one’s own medical condition prior to having, in hand, medical reports from one’s own treating doctors?  By “systematic” does not mean getting the forms and filling them out in as quick a time frame as possible.

While completion of a Federal Disability Retirement packet is certainly a goal, a far greater goal is to prepare, formulate (systematically), and then file — but not in a haphazard manner.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Citing Case-Law

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to provide a guiding cover letter to the Office of Personnel Management — whether termed as a “Legal Memorandum”, a “Cover Page”, or some other designation — in order to introduce a “road map” to the OPM Representative who will be reviewing the case.  

While the OPM Representative will ultimately be able to “figure out” the documents to be reviewed (i.e., the Standard Forms are obviously familiar; the medical documentation should be self-evident, etc.), there is a distinction to be made between the documentation submitted, and the persuasive effect of the documentation.  There are times, of course, when the strength of a case is so irrefutable and unrebuttable that no guidance is needed; most cases, however, require some persuasive authority.  

The best road map will cite some relevant statutory authority or judicial cases of known precedence.  If one is to cite relevant legal authority, however, it is important to do so properly.  To mis-cite a case, its relevance, or its correct interpretive impact, can do more harm than good, especially if the case proceeds to the later stages of being argued before a Merit Systems Protection Board Administrative Judge.  

Knowing what one is speaking about is the basis for credibility; credibility in making a persuasive presentation of one’s medical conditions and their impact upon one’s ability or inability to perform the essential elements of one’s job is crucial to the effectiveness of one’s case.  Citing cases properly, forcefully, and with technical appropriateness is important in presenting a road map for OPM to follow — from the point of initial introduction, to the final conclusion of agreeing that the Federal or Postal employee is indeed eligible and entitled to Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government employees: Consistency

Consistency, in addition to coherence, is an important element which must always be recognized and reviewed in filing an application for Federal Disability Retirement under FERS or CSRS.  Coherence of an application has to do with the element of “fitting all the pieces” together so that everything coheres in a rational, logical, and often sequential manner.  Coherence often has more to do with form, than with substance.  Consistency has to do with the substantive issues — the actually claims and statements made by a doctor; the opinions rendered in relation to the knowledge obtained; and whether everything “agrees” with everything else, in the very substance of the statements and claims made.

Inconsistencies are precisely what the Office of Personnel Management aggressively searches for, in determining the validity of a Federal Disability Retirement application.  Coherence can often be ignored; indeed, in many Federal Disability Retirement applications filed without an OPM Disability Attorney at the First Stage of the process, I have often found that, when it has been denied and people come to me at the Second, Reconsideration Stage, that the application prepared by the applicant is almost entirely incoherent.

The narrative prepared is often illogical; the doctor’s report often takes a “shotgun” approach, without the coherence of a methodology of addressing the essential issues which OPM is looking for.  Either by form or by substance, it is always better to have problems with form, rather than substance.  But if you ask me, it would be “best” (good, better, best) if both form and substance are carefully prepared — meaning, that a Federal Disability Retirement application is both coherent and consistent.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Coherence

A Federal Disability Retirement packet must be coherent.  This may appear to be “self-evident”, but there have been many disability retirement packets which, upon a denial and a review at the Second, Reconsideration Phase of the process, lack the coherent coordination which results in a credible disability retirement packet.  Coherence results from the simple review of the entirety of the information submitted to the Office of Personnel Management:  The applicant’s personal statement; the medical records and reports; the position description; any additional statements or attachments.

Now, there are certain elements of a Federal Disability Retirement application which cannot be controlled — such as the Supervisor’s Statement (SF 3112B) and the Agency Certification of Reassignment and Accommodation Efforts (SF 3112D).  However, while one may not be able to “control” the coherence of those elements which are the purview of the Agency, there are certain steps which can be taken to preempt such uncontrollable injections from the Agency.

Regardless, it is normally not the SF 3112B or 3112D which makes for the incoherence of a Federal Disability Retirement submission; more often than not, the culprit is the Applicant him/herself.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Last Minute Filings

There are multiple reasons why a Federal or Postal employee might wait to file for Federal Disability Retirement benefits under FERS or CSRS until the last minute — waiting because __________ (anyone may fill in the blank).  Whatever the reason, if the time has come to file, and there are only a couple of weeks left, then it is time to stop looking for various reasons why any further time should be wasted in order to file for the benefit.  Yes, a Federal Disability Retirement case can be prepared within a couple of weeks and filed.  Will it be the best packet?  Probably not.  Can the packet be supplemented later on?  Yes, if it is prepared in a certain way to allow for some flexibility.  Just remember, however, that if the deadline for filing passes, then there is absolutely no chance at obtaining the benefit.  A Statute of Limitations is just that — once it has come and gone, one is legally precluded from ever filing in the future.  One must file on time; otherwise, no amount of supplementation of the original packet will be allowed.  And, by the way, do not rely upon any “exceptions” to the Statute of Limitations.  Reliance on a long-shot is rarely the wisest thing to do.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits: Forms & the Total Picture

Ultimately, it is the difficulty of encompassing and coordinating all of the administrative details which boggles the mind when one is confronted with filing for Federal Disability Retirement benefits under FERS or CSRS.  To have a medical disability is hard enough; to then have to wade through the Federal Disability Retirement multiple forms and to coordinate the necessary evidence, documentation, paperwork, and delineation of facts, circumstances and bridging the connection to the essential elements of one’s job — the totality of the picture, coordinated in a rational, understandable and coherent picture, such that the application as presented to a stranger at the Office of Personnel Management:  that is the art of putting together a Federal Disability Retirement packet

As I often tell clients and potential clients:  If you believe that filing for OPM Disability Retirement is merely a matter of filling out the forms, don’t hire a Federal Disability Attorney.  Anyone can fill out forms.  It goes well beyond that; it is the coordination of the details, facts, circumstances, the coalescing of medical opinions with descriptive interpretation, and conveying a word-picture which, in its totality, is true and fits the person’s actual human condition.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Law and Language

Language is the playground of the Attorney.  It is the heart and soul of his or her profession.  Through language, the attorney describes, delineates, argues, and provides a sequential (hopefully) rebuttal and attack upon any attempt by the “opposing” forces or the named “adversary” to undermine one’s logically structured application — in this case, an application for Federal Disability Retirement benefits under FERS or CSRS.  While logic and argumentation are the chosen methodology of attack, it is the stringing of descriptive words to create concepts; the sequencing of concepts in order to provide complex compounds of winning arguments; and the totality of language in order to convey meaning, persuade and bring about agreement. 

In Administrative Law arenas, especially in the law of Federal Disability Retirement, it is especially important to have the ability to describe, delineate, argue and persuade — because the package of persuasion is in written format — and the reader (a claims clerk at the Office of Personnel Management) does not know the disability retirement applicant personally, and only comes to know the issues, the person, the medical condition, and the intertwining compexity of the medical condition upon the person, through the words which are put together.  As such, how a Federal Disability Retirement packet is put together, which words are chosen, too few, too many, and what definitional arrows are meant to be conveyed, not only comprise part of a Federal Disability Retirement application; in many ways, it comprises the entirety of the process.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Differing Perspectives

The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe.  In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS. 

The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management. 

It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management:  that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.

Sincerely,

Robert R. McGill, Esquire