Federal and Postal Disability Retirement: What the Agency May Say

Individuals can and do tell untruths (an euphemism for a “lie”); organizations, as a collective congregation of multiple individuals, can therefore also convey negations of truthful statements (a further euphemism, stated diplomatically to avoid the unpleasantry of a direct statement).  Of course, the justification for such factually incorrect statements is that there is a “difference of perspective” or of an opinion which is not in agreement with another’s.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the portion of a Federal Disability Retirement application which the Agency must complete — most notably the Supervisor’s Statement (SF 3112B) and the Agency’s Certification of Reassignment and Accommodation Efforts (SF 3112D) can and most often do contain misstatements, differing perspectives and negations of untruthful statements.

They are not like the other forms which must be completed by the Agency — i.e., the checklist, the Certified Summary of Federal Service, etc., where the information provided can be compared to factually verifiable documents, statements, etc., and therefore will be constrained by objective and ascertainable facts.

Unfortunately, there is “wiggle room” on both the SF 3112B and the SF 3112D, and agencies tend to utilize the wide expansiveness of such roominess to move about.  That is why, what the agency says or might say, must be preempted as much as possible by the medical report and other documentation.  By providing as much of an airtight case prior to submission of the disability retirement packet to the agency, one increases the odds that the impact of what the agency says, will be minimal, and minimized.

Of course, there is then the further problem of the inaccuracies engaged in by the U.S. Office of Personnel Management itself — but that is another story to tell, and one which must be categorized in a department beyond “fiction”, but more akin to the genre of “fantasy” or “science fiction”.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Exaggerated Supervisor’s Statement

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the Federal and Postal employee should focus upon those aspects of the OPM Medical Retirement which are under his or her “control” — directly or indirectly — and not worry excessively about those things which are beyond one’s control or responsibility.  

Thus, obtaining the proper medical documentation; accurately, succinctly and coherently formulating the Applicant’s Statement of Disability on SF 3112A, etc., are within the purview of one’s control and responsibility.  Having the Supervisor complete the Supervisor’s Statement — SF 3112B — is part of the required final Federal Disability Retirement packet; what is contained within the parameters and confines of the form itself, however, is often beyond one’s control.  

While one assumes that a Supervisor’s Statement will be completed with a fair amount of accuracy, it will necessarily contain a certain perspective, intent, and often a sense of “protecting” the agency’s interest and goals.  Thus, the Supervisor will often overstate the extent of an attempted accommodation engaged in, real or imagined, in order to justify its actions concerning the Federal or Postal employee.  Further, it will often mis-state the concept of “light duty” and how it relates to accommodating the Federal or Postal employee.  In other sections of SF 3112B, it may over-state and exaggerate the employee’s conduct or impact of the medical conditions upon the Agency’s workload.  

An exaggerated Supervisor’s Statement will often be helpful to a Federal Disability Retirement case. Don’t be too hasty in attempting to correct inaccuracies and differing perspectives; sometimes, the exaggerated statements are merely differences of opinions and viewpoints, and may in fact be helpful in obtaining an approval from the Office of Personnel Management.  

In any event, a Supervisor’s Statement is beyond one’s control — and undue focus upon those issues beyond one’s control can detract from the greater mission at hand.

Sincerely,

Robert R. McGill, Esquire