Federal and Postal Disability Retirement: The Undisciplined Narrative

‘Discipline’ is a concept which is anathema to the American psyche; for, it is precisely the American character to have unfettered liberty, the ability to “be one’s self”; of self-expressive uniqueness, and to embrace the boldness of the American Dream, as represented by the vast expanse of the American Midwest.

We debate about the constructive use of discipline for our children; complain if the government attempts to discipline our spending habits; and question whether societal constraints should be imposed in our daily lives.  In writing, however, a measure of self-discipline is necessary, if only because the audience for whom one writes will necessarily veto our refusal to discipline one’s writing in a penultimate manner, if we do not:  by refusing to read it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must discipline the writing of the Applicant’s Statement of Disability (Standard Form 3112D), in multiple respects:  in length; in providing historical background; in careful content selection; in answering the questions asked in a relevant and appropriate manner; in avoiding breaching certain taboo subjects which could defeat a Federal Disability Retirement application; in taking on the tone, tenor and texture of objectivity as opposed to pure emotional appeal, etc.

‘Discipline’ is a dirty word in the American lexicon; but in the preparation, formulation and filing of a Federal Disability Retirement application from OPM, it is a necessary clump of dirt which must be sifted, cleansed and appropriately dusted, in order to provide an effective narrative vehicle to have a Federal Disability Retirement application approved by OPM.

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

OPM Disability Retirement: Creativity Is Important In the Applicant’s Statement

It is important to creatively inter-weave facts, feelings, medical impact, symptoms and conditions into a persuasive Applicant’s Statement of Disability.  It should not be overly emotional; it should not be voluminously long; it should not be preachy; it should not be written as a doctor would write it.  It is the Applicant’s Statement of Disability, and it should be from the Applicant’s perspective; but as with every writing, the “audience” to whom anything is written, must always be kept in mind.  Remember that the audience is a reviewing Office of Personnel Management representative — one who is evaluating, analyzing, and making a decision upon the application for disability retirement. 

Of course the independent attachment of medical documentation will be persuasive; of course a review of the position description will have an impact; and of course the analysis of comparing the medical condition with the type of job one has will be scrutinized and will be relevant.  It is the applicant’s statement of disability, however, which will most often be the determining factor.  That is why such a statement must creatively weave all of the various aspects of a disability retirement application — facts, emotions, job impact, medical impact, doctor’s statement, personal statement, impact statement — all in a bundle, all inter-weaving, all in a persuasive, creative description.

Sincerely,

Robert R. McGill, Esquire