Federal Employee Disability Retirement from the U.S. Office of Personnel Management: Procedural Hurdles

Bureaucratic complexities have become a part of everyday life.  When societies become entrenched in administrative procedures, where the process itself is paramount over the substantive goals intended to achieve, and the proper filing of standard forms cannot be ignored lest the conformity of all is undermined by the exception of the singular; then, it is declared that progress has been made, the height of civilization has been achieved, and the pinnacle of human inventiveness has been reached.

Whether one agrees with the satire of bureaucratic conundrums or not, the reality is that the inherent complexities of government must be contended with, and attempting to subvert or otherwise evade the necessity of completing standardized procedural methodologies is an act of futility bordering on rebellion.

For injured/ill Federal employees and Postal Workers who must consider filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, or even CSRS Offset, the importance of overcoming procedural hurdles cannot be overstated.  SF 3112A, SF 3112B, SF 3112C & SF 3112D must be completed for all Federal and Postal employees filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset; and for FERS Federal and Postal Workers, one must also complete SF 3107 (as opposed to SF 2801 for CSRS & CSRS Offset Federal and Postal employees).

And, while there are ways to provide additional addendum information beyond that which can fit within the neat spaces provided on the standard forms themselves, nevertheless, it is necessary to follow the rules and abide by the bureaucracy of conformity.  Yes, administrative hurdles are a headache and a difficulty to overcome; but, no, you cannot ignore them, as the reality of administrative and bureaucratic headaches is a constancy we must live with in a society deemed to be the pinnacle of human achievement and progress.

Sincerely,

Robert R. McGill, Attorney

 

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

OPM Disability Retirement: Differing Perspectives

The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe.  In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS. 

The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management. 

It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management:  that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.

Sincerely,

Robert R. McGill, Esquire