Disability Retirement for Federal Workers: Human Resources Personnel

The problem with relying upon one’s Human Resources department to help in preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management (if in fact they are even willing to help, other than to provide the necessary forms — if that) is not based upon their lack of knowledge (some are fairly knowledgeable); rather, they work within the same mindset as the rest of government, and therefore unable to think outside of the paradigm of government regulations, rules, and statutory mandates.  

Furthermore, Human Resources personnel are not lawyers; as such, the moment there is a problem with an application — whether in its substantive presentation, or in the legal criteria which apply to the eligibility of any one Federal or Postal employee — they have a tendency to side with the Office of Personnel Management.  

That is not to say that there are not excellent H.R. Personnel — there are.  But H.R. Personnel are trained to assist in the procedural stream of making sure that the paperwork is all “in order”.  They do not comment upon — and nor should they — the feasibility or substantive credibility of a Federal Disability Retirement application under either FERS or CSRS.  

Furthermore, the number of years a person has been a “Human Resources Specialist” is not indicative of the competency of that person in providing any guidance; those who have been in Human Resources often box themselves into a paradigm of repetitive labor, and perform a task “because this is the way it’s always been done”.  That is never a reason to do something, let alone a good reason.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Agencies & SF 3112C

Agencies have an amazing ability to be inquisitive, especially into those areas which really do not concern them.  Often, Agencies will insist that, despite all of the relevant, pertinent, and desired medical documentation already having been attached to a Federal Disability Retirement application under FERS or CSRS, the applicant/Federal employee “must” sign the Standard Form 3112C (“Physician’s Statement) , which becomes superfluous and irrelevant.  They insist that the Office of Personnel Management (OPM) “requires” the form, which is an erroneous statement.  OPM has never required a signed SF 3112C so long as the Federal Disability Retirement application is accompanied by sufficient medical documentation to support the application.  Sometimes, the insistence by the Agency is merely based upon ignorance; other times, it is based upon an administrative and bureaucratic inflexibility to longstanding “procedures” which the Human Resources personnel cannot adapt to, or change, because “this is the way we’ve been doing it for X number of years”.  Still, there is a suspicion that in some instances, the “requirement” of SF 3112C is because of a more nefarious reason:  The Agency wants full access to all medical records, notes, treatment notes, etc.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Not all Agencies are Equal

No names will be named.  Not for purposes of “protecting the innocent”, because it is doubtful that there are any innocent entities, anyway.  Rather, the knowledge that there are some agencies which are worse than others, is widespread knowledge, anyway; and, indeed, if the agencies are “outed”, it would merely be a redundancy to name them.

There are Agencies which, when the name is spoken, it sends shivers down one’s spine, because of the mean spiritedness, the uncooperative attitude, and the sheer incompetency of the Human Resources Department which is designated to process a Federal Disability Retirement application.

Then, there are agencies where the H.R. Department — no matter who in the department is contacted — goes out of their way to assist throughout the entire process. They understand the traumatic nature of a Federal or Postal employee filing for Federal Disability Retirement benefits under FERS or CSRS. They realize that the designation, “Human” and “Resources” and “Department”, when taken collectively, means that it is the point where employees come to in order to obtain assistance, to engage in a process which may be very personal, and that the resources sought after require the understanding and compassion of individuals.

Ponder that for a moment — that one’s job may entail, as part of the “essential elements of one’s job” — a showing of understanding and compassion.  Imagine that.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Confirming the Relationship

After undergoing all of the those diagnostic tests; after allowing the doctor to clinically examine, prescribe multiple medications based merely upon the say-so of the doctor; after allowing for invasive surgery; sending you to physical therapy; if the time then comes to prepare and file a Federal Disability Retirement application under FERS or CSRS, it is important to confirm the strength of that “patient-doctor” relationship that has apparently been ongoing and fostered for those many months, years, and sometimes, decades.  

It is not enough to get a nebulous “pat-on-the-back-sure-I’ll-support-you” sort of response, and with that, you receive a thick packet from the medical office, you open it, and inside is merely a copy of your medical records.  No — “support” must be concrete and definitive. It must mean, specifically, that the doctor is willing to write an excellent medical report outlining his or her opinion in connecting your medical condition with you inability to perform one or more of the essential elements of your job.  If it is time to file for Federal Disability Retirement benefits, it is time to have a heart-to-heart talk with the treating doctor, and see how committed he or she really was and is to this “patient-doctor” relationship.

Sincerely, Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Agencies

Agencies often engage in acts which clearly impede a Federal Disability Retirement.  Think about it.  If a Human Resources Department is set up to provide services for the assistance and processing of people who are requesting a service or benefit which is offered and is a part of being a Federal or Postal employee, one would think that such a department would do everything inside (and even outside) of the purview of the mandate of such a creation, in order to further the needs of the Federal or Postal employee.  That is why the Federal sector is often criticized.  In the private sector, such departments are funded to make sure that the mission is fully accomplished.  Yet, too often, when a Federal Disability Retirement application is submitted to the Agency Human Resources Department, that department will take its time; will “inform” the applicant that the packet is “incomplete”, and let the packet sit in a pile of other Federal Disability Retirement packets.  Now, in all fairness, this is not always the case.  But what is always interesting, is that when an Agency’s H.R. Department goes out of its way to be helpful, it is an event to be celebrated.  In fact, it should be the other way around; helpful H.R. offices should be the norm; when an H.R. Department is unhelpful, it should be of great surprise to all.  Be that we lived in such a universe.  No wonder people spend hours on computer games of virtual reality.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: On the Other Hand

On the other hand, there is no such thing as a “lost cause” case.  To assert such a conclusion would be to presumptively admit defeat.  In Federal Disability Retirement cases, there is always a good chance of prevailing, whether or not a mistake was made; whether or not a doctor annotated, on a particular day in a moment of hope, that the patient showed “hopeful improvement”.  Yes, it is the job of the Office of Personnel Management to cling onto such peripheral statements, and to magnify such statements such that they appear to encompass the essence of the medical condition.

It is always with some amusement that I hear an agency Human Resources person state something to the effect of:  “Well, you know, Mr. McGill, this is not an adversarial process.  We and the Office of Personnel Management are merely here to determine the eligibility of the Federal worker, and to make sure that he or she fits the criteria.”

Not an adversarial process?  Is the Office of Personnel Management “there” to help you?  Is that why, in their template denial letters, they latch onto the most peripheral of issues and emphasize those points which allegedly present a problem, and ignore the rest of the medical evidence?  Any Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS would be wise to see the entire Federal Disability Retirement process as one of an “adversarial process”.  If you don’t, you proceed at your own peril.  On the other hand…

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