Confusing necessity and sufficiency is always a precarious matter. That which is necessary may not be sufficient for a given purpose, and failure in understanding such a fundamental distinction can be fatal to a Federal Disability Retirement claim.
SF 3112C requires that a physician complete and provide essential medical information in the pursuance of a Federal Disability Retirement application. The form itself — SF 3112C — is the vehicle by which the medical documentation is obtained. It is “necessary” in the sense that SF 3112C delineates a guideline of the type of information which is needed in order to become eligible for Federal Disability Retirement benefits.
The form itself — SF 3112C — however, is to a great extent irrelevant (although, the U.S. Office of Personnel Management has recently required that a signed SF 3112C be included in the final Federal Disability Retirement packet, despite SF 3112E clearly stating that an “equivalency” of the form would satisfy the lack thereof, as in the attachment of the medical documentation itself), and it is instead the medical documentation through which SF 3112C is obtained, which is what is important.
Regardless, while the OPM SF 3112C constitutes the vehicle, is necessary, but is ultimately irrelevant in and of itself, it is a necessary form to the extent that it mandates the delineation of what information is required for eligibility and entitlement to Federal Disability Retirement benefits.
Will following the guidelines in accordance with what SF 3112C states, result in a successful OPM Disability claim? That is the question of “sufficiency”, as opposed to “necessity”.
Over the years, case-law and statutory interpretation and expansion of Federal Disability Retirement laws have greatly altered the landscape of a Federal Disability Retirement claim. SF 3112C is the vehicle of necessity, although the form itself is an unnecessary one. The greater question is whether it is sufficient to meet the legal weight of preponderance of the evidence, and that question must ultimately be answered by questioning the efficacy of the form itself.
Sincerely,
Robert R. McGill, Esquire
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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
Filed under: OPM Disability Application - SF 3112 Disability Retirement Application Package, The Job of a Federal Disability Attorney | Tagged: a compelling medical case for federal employee disability retirement, a rational perspective from your disability claim evaluation, accommodation of federal employees, applicant's statement of disability, attorney that helps injured and ill federal workers, creating a strong case to qualify for fers disability benefits, CSRS disability retirement federal attorney, each opm disability stage requires a different approach, early out for disabled postal workers with application, federal disability law and legal argumentation, federal disability lawyer to handle opm disability denial, federal employee disability retirement, federal employee medical retirement, FERS disability retirement, gathering medical documentation for an incapacitated federal employee, getting together different perspectives and making a compelling case, going out on medical disability opm, help for injured or ill federal employees seeking medical retirement, help in collecting medical evidence and putting package together, how to neutralize negative information in your postal disability application, if reassignment is not possible for the light duty federal worker, job reassignment, letter carrier occupational illness, Maintaining an Objective Perspective in a Disability Case, making a compelling federal opm disability case, medical as well as legal factors may determine eligibility in opm retirement, medical condition(s), medical disability lawyers opm, medical incapacitation at the federal agency, neutralizing negative comments and/or information for the disability applicant, occupational illnesses in federal jobs, old adage, OPM disability retirement, opm disability retirement new jersey employees, Post Office disability retirement, postal buyout always available for injured postal workers, Postal Service disability, proof of disability for federal workers, pulling together several perspectives for the fers disability application, putting a federal disability case together, rational perspective into the fed workers' medical condition, top federal disability retirement attorney, USPS disability retirement, when accommodation is not available to the injured federal worker, writing up a legal summary and putting together an opm disability application, your treating doctors | Leave a comment »