SF 3112

Standard Forms are a necessary part of life. Bureaucracies streamline for efficiency of services; the question of whether such efficiency is for the benefit of an applicant to a Federal agency, or to ease the workload of the agency and its employees, is ultimately a fatuous question: as common parlance would sigh with resignation, “it is what it is”.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition impacts and ultimately prevents one from performing one or more of the essential elements of one’s positional duties, filing an application for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS or CSRS, will be a requirement which will include completing OPM application forms. There will be the SF 3107 series of forms, as well as the SF 3112 forms. Such forms request a tremendous amount of information, both personal and of a very confidential nature.

The justification for requesting such information by the agency which will review such forms (the U.S. Office of Personnel Management in the later stages of a Federal Disability Retirement application, but initially through one’s own agency, including the Human Resource Office of the agency for which the Federal or Postal employee works, as well as the Supervisor of the applicant who is applying for Federal Disability benefits), is based upon a two-folded approach: The applicant who voluntarily applies for Federal Disability benefits is required to provide such information in order to prove eligibility, and such voluntariness justifies the request itself; and, secondly, there is a “need to know” such information in order to properly assess such information, based upon a preponderance of the evidence. Beyond the SF 3107 forms, the SF 3112 forms will ask for detailed information on the most personal of issues: One’s medical conditions and the impact upon employment capabilities and daily living issues; request of the Supervisor information concerning work performance; ask of the agency to assess and evaluate any capability for accommodating a medical condition; and a similar multitude of onerous, prying questions.

Filing for Federal Disability Retirement benefits will require much of the Federal and Postal employee seeking a medical retirement annuity, in the very forms which allegedly “streamline” the process, and these will necessarily include SF 3107 forms and SF 3112 forms. In the end, however, when weighed comparatively against one’s health and the need to move on to a less stressful environment, the price one must pay is relatively cheap when considering the high cost of continuing in the same vein.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Platonic and Other Forms

Forms are interesting conceptual constructs:  They are created for ease of use; yet, concurrently, they contain, restrict, and by all appearances, limit the ability to go beyond the “form”.  Thus it is with Plato’s philosophical proposition of Forms — they represent the “essence” of what a thing is, as it is; and, like government forms, one is presumable unable to violate the essence in their particularized representative appearances.

The difference, however, between Platonic Forms and government-issued forms, is quite obvious:  Plato’s Forms represent the highest and best of any individual construct in the physical world; government forms rarely represent anything but a bureaucratic decision to force conformity upon anyone and everyone contemplating filing for a benefit.

In preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, the potential applicant must understand that he/she will be confronted with multiple and complex forms to complete.  How one completes each form; what one states on any given form; whether one answers the questions posed in an adequate or sufficient manner — each of these will have a direct and often irreparable impact upon the success or failure of a Federal Disability Retirement packet.

The forms themselves may appear simplistic in appearance and content (i.e., SF 3107 series for those under FERS; SF 2801 for those under CSRS; SF 3112 series for both FERS & CSRS); what they represent, however, constitute unstated complexities which can only be understood within the full context of the evolution of statues, regulations and case-law handed down throughout the years, which make up the entirety of the compendium of Federal Disability Retirement practice.

One would never have thought that government-issued forms would be as complicated to understand as Platonic Forms; but then, Plato never encountered the U.S. Office of Personnel Management — otherwise, he may never have proposed that there is indeed the existence of the Form of Beauty and Goodness.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Always the Basics Matter

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always instructive to remind one’s self that the focus of any application should be placed upon the basic components of a Federal Disability Retirement application, and once that focal point is embraced, to reiterate and reinforce that aspect of the Disability Retirement application.

Often, when one requests and receives a blank packet of information, including all of the Standard Forms, instructions, financial forms and life insurance forms, etc., to fill out and complete, the sense of being overwhelmed can easily defeat a Federal Disability Retirement application at the outset.

There are multiple personal questions; information requested on military service, on receipt of OWCP benefits; then the complexity of the queries focuses upon those rather simple but “tricky” questions concerning Agency actions, about whether one has “requested” an accommodation; to describe one’s medical conditions, etc.  How a question should be answered is indeed crucial in the successful filing of a Federal Disability Retirement application; whether the answers given should be consistently coordinated with other answers provided is equally of importance.

Ultimately, the basic components of a Federal Disability Retirement application embrace the relationship between the medical condition suffered, and the impact upon one’s positional duties required to be performed.  But, inasmuch as it is not the Agency of the Federal or Postal employee who makes the decision concerning an OPM Disability Retirement application, but the U.S. Office of Personnel Management, it is important to understand that while the answers given involve the actions of the relationship between a Federal and Postal employee and one’s agency, it is ultimately people outside of the agency to whom such answers must be directed.

Sincerely,

Robert R. McGill, Esquire