FERS & CSRS Disability Retirement for Federal and USPS Workers: Knowing the Law

When an OPM Disability Attorney cites the law as a supporting, authoritative basis upon which a Federal Disability Retirement application (in part) should be approved, one hopes that the proper and relevant legal authorities are “matched” with the factual and medical issues which are presented.  When a lay, non-attorney applicant for Federal Disability Retirement application under FERS or CSRS attempts to refer to, cite, or otherwise “tie in” legal authorities as supporting authority, it is more often the case that the law is inappropriately used, referred to, and misquoted.  This is not necessarily because the law is so esoteric a discipline that non-attorneys cannot “use” the law for one’s advantage; rather, what is often the case is that too much “cutting and pasting” occurs, as opposed to actually reading the cases, statutes, and regulatory references, and attempting to first understand the import, relevance and significance of the laws, statutes, legal opinions and regulations surrounding, supporting, and directly impacting upon Federal Disability Retirement issues.  On the other hand, if you are going to file a Federal Disability Retirement application, and you decide to cite the law as supportive authority, take a word of wisdom from an ancient adage:  An individual who represents himself more often than not has a fool for a client.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: How Many Should Be Listed (Part 2)?

The listing of the medical conditions in a Federal Disability Retirement application, as it is descriptively written on the Applicant’s Statement of Disability (SF 3112A) for FERS & CSRS disability retirement, to be submitted to the Office of Personnel Management, is a separate issue from the creative description of the symptoms which the applicant experiences as a result of the identified listing of the medical conditions.  Thus, a distinction should be made between the “official” diagnosed medical conditions (which should be limited in number, for reasons previously delineated) and the multiple and varied “symptoms” which result from the listed medical conditions.  Thus, while one may suffer from the medical condition termed as “Fibromyalgia”, the symptoms can be multiple:  chronic and diffuse pain; impact upon cognitive abilities, inability to focus and concentrate, symptoms which are often termed as “fibro-fog”, etc. 

When the Office of Personnel Management approves a Federal Disability Retirement application under FERS & CSRS and identifies the specific medical condition by which it is approved, it will identify the medical condition, and not the symptoms.  This distinction is important because, when an applicant prepares the narrative to show the Office of Personnel Management what he or she suffers from, the differentiation between conditions and symptoms is important to recognize when creatively and descriptively writing the narrative of one’s medical conditions.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Standard Forms Do Not Mean “Standard Responses”

The problem with “Standard Forms” is that they often appear to solicit “standard responses”, and in a Federal Disability Retirement case under the Federal Employees Retirement Systems (FERS) or the Civil Service Retirement System (CSRS), nothing could be further from the truth.  Indeed, it is often because a Federal or Postal employee/applicant who confronts and begins to fill out SF 3112A, Applicant’s Statement of Disability, the very “blocked” appearance of the form, and the constricting questions themselves, makes it appear as if a “standard response” is required.  Don’t be fooled.

By way of example, take a “special animal” — that of a Federal Aviation Administration Air Traffic Controller who must take a disqualifying medication, loses his or her medical certification from the Flight Surgeon, and thinks that filing for Federal Disability Retirement benefits is a “slam dunk”.  Nothing could be further from the truth.  Or, a Customs & Border Patrol Agent who goes out on stress leave, or suffers from chronic back pain.  Are there “standard responses” in filling out an Applicant’s Statement of Disability?  There are certain standard “elements” which should be considered in responding to the questions, but don’t be constricted by an appearance of “standard responses” to a “standard form”.

Sincerely,

Robert R. McGill, Esquire