Medical Retirement Benefits for US Government Employees: Physicians

Physicians are peculiar animals.  They are here to help; and from their perspective, success is measured in terms of how rarely a patient returns for further care.  The ultimate sentence of failure is to conclude that nothing further can be done for an individual, and one must therefore declare that the patient is permanently disabled.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, such a perspective on the part of the physician is important before approaching the treating doctor with a request for a medical report.  That is why the SF 3112C is such an ineffective vehicle of communication.

Consider this:  SF 3112C is a government-prepared form; it is formulated by Federal bureaucrats; the language merely proposes generic guidelines concerning what is required — without any amendments or consideration of case-law refinements which have been promulgated over the evolution of Federal Disability Retirement laws over these many years.

Perhaps more importantly, however, is the lack of bedside manners in handing to a physician a standard form.  While many physicians themselves lack adequate bedside manners, it is the epitome of bad form to thrust a pre-printed form (no pun intended) under the nose of a physician who is supposed to be treating and taking care of you, and to declaratively order, “Fill this out”.  Even an addendum of “please” will not adequately modify such an affront.

The physician-patient relationship is one based upon communication, knowledge, personal sharing, and a good bit of explaining.  Taking the time to prepare a physician is the least one should do in preparing for an effective Federal Disability Retirement application.

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

OPM Disability Retirement: The Passionate Doctor

The doctor who is most supportive of an OPM Disability Retirement application under FERS or CSRS is often the one who understands the “fine print” of what it means to be “disabled” under FERS or CSRS.  That is precisely why the Standard Form 3112C (Physician’s Statement) is often a harmful form, rather than a helpful form.

There are other reasons why the form should never be signed or submitted, but it is enough that it not only tends to confuse the physician, but also does not properly explain to the treating physician the criteria and the underlying meaning of what is necessary to qualify for OPM Disability Retirement benefits.

Generally speaking, doctors are not very passionate about turning in their patients over to the gristmill of the disabled, thinking that putting a person out to pasture is not only medically unnecessary, but ultimately detrimental to the psychological and physical well-being of a patient.

But when it is properly explained to the doctor, in easy and understandable terms, what and why the benefit of Federal Disability Retirement under FERS and CSRS exists, and to inform the doctor of the benefit to the patient, then it is quite possible to have not only the technical support of the doctor, but more importantly, to garner the passionate support of the doctor as well.

Sincerely,

Robert R. McGill, Esquire