SF 3112B

OPM Standard Form 3112B: Supervisor’s Statement:

Were it that managerial approaches were diverse, and that such differences in stylistic methodologies constituted a perfect tailoring of individual personality to a particular job at hand; then, in that event, efficiency would predominate, scandals of long waiting times would disappear, and Federal and Post Office Workers would never be tested in their penultimate entanglement with the requisite virtue of patience.  But this is the real world. This is not some parallel universe in which dreams are dictated by wants and desires, and satisfaction of personal goals are attained at a whim.

In the harsh reality of technological onslaughts and daily toils of repetitive boredom, supervisors are placed in positions of trust, often misfits in an universe of onerous regulatory requirements and mandates.  As in all sectors of society, both public and private, there are good ones and bad, competent and their opposite; caring and callous; cold, indifferent, or warm beyond a fault.  But because of the busy-ness of the world in which we live, being aware of, or having the time to care for, the problems of subordinates, is a rare trait.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition necessitates filing for Federal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, the process will require the request for completion of SF 3112B, or more commonly known as the Supervisor’s Statement. For some, it will merely be a nuisance in the mere act of requesting; for others, a chaotic turmoil of sorts, filled with angst and thoughts of retribution and retaliation.

Ultimately, however, this is where standardized forms work for the benefit of Federal and Postal employees, because of the specificity of questions posed in SF 3112B.  Yes, there are blank spaces for some extemporaneous comments; yes, attachments to SF 3112B are allowed; but the most relevant queries are merely requests for box-checking, and that is where brevity is to the benefit of the Federal employee or Postal worker.

In the end, the process of filing for Federal Disability benefits through OPM is based upon the sufficiency of medical documentation, and not what a Supervisor says or leaves out in SF 3112B.  That is why an executed methodology of a coherent strategy to obtain evidentiary support is so crucial to a successful outcome in preparing, formulating and filing for Federal Employee Disability Insurance benefits, whether the Federal employee or Postal worker is under FERS or CSRS.

 

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Reality of Accommodations

Medical conditions test the value of a worker; for, while people may engage in theoretical discussions of “cost-benefits analysis“, where the cost of X is compared and contrasted to the benefit of Y, such that the hypothetical analysis results in a business decision based upon pure economic need — the reality of such an approach rarely gets a true test beyond such dinner table discussions.  But when a Federal or Postal Worker begins to suffer from a medical condition, such that the medical condition visibly impacts one or more of the essential elements of one’s job, then the economic paradigm of a cost-benefits analysis is applied, whether overtly or in a more subtle, inconspicuous manner.

The agency may recognize the need to allow for temporary suspension of certain positional duties — travel may be taken up by some other employee; heavy lifting may need an additional helper; telecommuting may be a viable option.  The cost of such temporary measures is felt in the work left undone; the benefit is accrued by the experience, wisdom, and knowledge of the disabled retained worker.  In rarer occasions, a formal request for an accommodation may be submitted by the Federal or Postal Worker, and an administrative process of attempting to provide a legally viable accommodation may ensue; but that is a rare process, indeed.

The reality of accommodations in the Federal sector is one of practical need versus the trouble such attempts bring; for the Federal or Postal Worker, whether under FERS or CSRS, the true option left is to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  Such an option results from an agency being tested — and loyalties revealed.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Complication of Accommodations

The problem with most people is that they come at a conversation with a selective focus — and listen for that which they want to hear, and filter all other information which fails to fit the paradigm of their predetermined perspective.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of accommodations via Standard Form 3112D comes to the fore — often because of the selective focus of issues on the part of OPM.

The fact that an agency may have engaged in work-place modifications, or allowed for temporary alleviation of certain elements of one’s job description; or even provided a state-of-the-art ergonomic chair with 3-speed controls with horizontal landing mechanisms — does not mean that the agency was able to, or did, accommodate the Federal or Postal employee under the legal meaning of that which constitutes a viable “accommodation” .

For, that which the agency does must allow for the Federal employee to perform the essential elements of his or her job, and any such attempted “accommodation” which does not meet that standard, is technically not an accommodation at all.  It is merely an artifice and a cosmetic make-over in an effort by the agency which allows for the agency to declare that they have “accommodated” the individual Federal or Postal employee.

Rarely does the question on SF 3112D get accurately responded to; for, the concept of “attempted” accommodations is precisely the point — if it was attempted, and did not work, then the agency has an obligation to concede and describe that point; but from the Agency’s myopic perspective, any “attempt” constitutes an accommodation, and the U.S. Office of Personnel Management will embrace such an assertion with open arms.

What to do about it?  Always focus upon the central point of a Federal Disability Retirement application — it is a medical retirement.  Thus, the doctor’s opinion is sacrosanct, and should be repetitively emphasized.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Trickiness Concerning Accommodations

The issue of “Accommodations” can be a rather tricky one.  Over the years, the term has expanded and been refined by various legal precedents, and the technical, term of art now carries some meanings which, if not understood properly, can entrap Federal and Postal employees into making wrong decisions while in the process of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.  

In simplistic terms, to be properly accommodated by an Agency, the Federal or Postal worker must be provided with an accommodating “X”, such that he or she can continue to perform all of the essential elements of one’s job.  Further, temporarily modifying or suspending certain elements of a position description, for purposes of allowing for the Federal or Postal Worker to continue working, does not constitute an accommodation under the law.  

This makes sense, if one stops to think about it, and for the following reason:  such an arbitrary modification of work duties by a Supervisor or Manager, can just as arbitrarily be taken away.  As such, temporary “accommodating” actions — while commendable and allowable in order to let the Federal or Postal worker continue to work — does not preclude the Federal or Postal worker from proceeding with his or her Federal Disability Retirement application.  

Additionally, remember that an Agency’s effort for “Reassignment” is part of the Standard Form 3112D (Thus, the Form is entitled, “Agency Certification of Reassignment and Accommodation Efforts”), and comprises part of the Agency’s attempt to “accommodate” the Federal or Postal employee.  The issue of “reassignment” is a separate, but related one, and that issue is often influenced by the dependent clause which should not be overlooked in a Federal Disability Retirement application:  that a person can no longer perform one or more of the essential elements of a particular job, or any similar job. 

By having a working knowledge of the issues surrounding Federal Disability Retirement laws, even in a rudimentary state of knowledge, one acquires a better chance of success.  Approval is a long and arduous process. Knowing the lawand its impact is part of that process.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Supervisor’s Statement

The Supervisor’s Statement (Standard Form 3112B) should be a form with negligible impact, unless it is to inform the Office of Personnel Management that (A) the individual Disability Retirement applicant was placed in a light duty, temporary position, (B) that the Agency could not accommodate him/her, and (C) to describe how the Federal or Postal employee filing for Federal Disability Retirement benefits was by all appearances limited in his/her ability to perform many of the essential elements of the job.  Such statements are often helpful to the Office of Personnel Management in a Federal Disability Retirement case.  

Most Supervisor’s Statements, however, are noncommittal. The lack of information provided by a supervisor reflects poorly upon the supervisor, insofar as it evidences non-engagement and lack of awareness of someone whose job it is to be aware of such things.  Every now and then, there will be a Supervisor who goes out of his or her way to make statements which clearly attempt to undermine a Federal Disability claim.  The way to approach such a Supervisor’s Statement, however, is not to focus a great amount of attention upon it; rather, to remind the Office of Personnel Management that this is a “medical” disability retirement application, and not a Supervisor’s disability retirement application.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Difficulty of Accommodation

For Federal and Postal employees filing for Federal Disability Retirement benefits under FERS or CSRS, the issue of accommodation must be addressed at some point, and one often wonders why a Federal agency is either unwilling or unable to accommodate the medical disabilities of a Federal or Postal employee.  

The line between “unwilling” and “unable” is often a complex one, because Agencies must contend with an obligation to attempt to accommodate the medical disability, but remember that such an attempt and obligation is merely one of “reasonable” accommodation.  This means that an implicit cost-benefits analysis is quickly engaged in, where the effort, likely success, extent of any workplace adjustments, whether in the end the essential and core elements of the job functions can be accomplished even with the reasonable accommodations, etc., can successfully be implemented.

An appearance of attempting to accommodate is often all that is indulged, and so the reality is that the Agency seems more unwilling than unable. Further, the simple fact is that, many medical conditions — e.g., those which are psychiatric in nature, are simply medical conditions which are termed “non-accommodatable“.  For, regardless of what workplace adjustments are made, a Federal or Postal worker suffering from Major Depression, anxiety, panic attacks, delusory thought processes, etc., where symptoms upon one’s focus, concentration, ability to have a reasoned perspective, etc., are all impacted, and therefore is inconsistent with any cognitive-intensive work.  As such, the medical condition becomes “inconsistent” with the particular duties of the job, and therefore it is an unreasonable and unattainable goal to consider any accommodations.  

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Continuing Confusions

In Federal Disability Retirement law under FERS & CSRS, the issue concerning accommodations can continue to remain a rather confusing area of law.  This is especially true when an Agency allows for an individual, either in the Postal Service (which is becoming rarer because of the prevailing winds of the National Reassessment Program) or in the non-Postal, Federal sector, to remain in a position and perform much of the lighter duties of the job, and to allow for one or more of the essential duties of the job to be delegated to others, or not be performed at all.  Now, such a situation can continue on for years, and there is nothing inherently wrong with such an arrangement (aside from the fact that the other Federal workers to whom such work is “delegated” may grumble and complain about fairness or, more likely, that some of the work is never completed), especially if the work which the injured individual performs is valuable to the Agency — even in such a “light duty” status.  

What must be kept in mind, however, regarding the relevance and significance to filing a Federal Disability Retirement application under FERS or CSRS, is that throughout the entire time-period of being on such light duty, the Federal or Postal worker could have, at any time, filed for Federal Disability Retirement benefits and should have been approved.  This is because such temporary “light duty” arrangements never constituted an “accommodation” under the law, and the Federal or Postal worker was eligible for Federal Disability Retirement benefits regardless of remaining in the “light duty” job.

Sincerely,

Robert R. McGill, Esquire