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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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FERS & CSRS Disability Retirement Benefits: The narrative we write

Posted on April 10, 2017 by OPM Disability Retirement Lawyer

The narrative we write tells much about ourselves. That is quite an obvious statement. What is not obvious, however, is the discretion we apply, the self-restraint we reveal, and the manifested fences we install through invisible means of editing and erasing.

For Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, the importance of the narrative we write in response to the queries on SF 3112A (“Applicant’s Statement of Disability”) is merely but a condition-precedent of the foundational evidence we must submit to the U.S. Office of Personnel Management.

Each story is different, and should be guided by the medical evidence amassed, the experience of one’s disability and the perspective of one’s encounter with the essential elements of the position one occupies in the Federal workforce or the Postal craft one is required to engage.

Narratives comprise the coattails of human experience; they never can tell the whole story, and the reader of such a story will never be able to embrace the fullness of the information provided. One person’s experience is but another’s mystery untold, and the nexus that the Federal Disability Retirement applicant must establish is a threefold one: Between the medical condition and the essential elements of one’s job; and between the latter two and the person who will be reading the narrative at the U.S. Office of Personnel Management.

How can I do that? – is the query most asked, as you will never meet, know or discern the person at OPM. By making the narrative compelling and “alive”. Thus should you restrain from meandering; of getting to the point and not creating an endless maze of directionless misguidance; and as discretion is the better part of valor (does that pithy saying have any consequential meaning, anymore?), so choosing the fact-scenarios to include is an important component of the information to impart.

Tangents can get you into trouble; overreaching, a re-evaluation and a second look; and inconsistencies in statements may provide for a selective extrapolation of targeted analysis. The narrative we write should always tell the story of the experiential phenomena relevant to the subject at hand: The applicant’s statement of disability, in the context of the law, and within the confines of how it impacts, prevents and touches upon the essential elements of the Federal or Postal job. Simple; concise; answering the questions by relevant application; and always, always, with an emphasis upon the medical conditions.

Sincerely,

Robert R. McGill, Esquire

 

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  • More on FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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