Disability Retirement for Federal Workers: Corresponding Responsibilities

The problem with being responsible for something, is that the moment there are any consequences which result from the assertion of it, everyone lifts their finger and points it in another direction.

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 the responsibility of the Applicant to prove by a preponderance of the evidence, that he or she is eligible and entitled to Federal Disability Retirement benefits.  Yet, those who simply go through either the local or district Human Resources (sometimes euphemistically referred to as the “Human Capital” or appended with a conceptually interesting term, “Services”) Office, will be requested to sign SF 3112C, the “Physician’s Statement“, where, at the top of the form, a box for a return address exists.  The address to which the physician’s statement and medical records are sent, is often filled in as the Agency’s H.R. Office.

Thus, the consequence of such a chain of events will often be:  the individual Federal or Postal employee, who has the responsibility to prove by a preponderance of the evidence one’s Federal Disability Retirement application from OPM, will have a doctor, medical facility, psychiatrist, therapist, and any number of medical providers, directed to forward sensitive medical documentation directly to an agency’s Human Resources Office, prior to reviewing such documents for accuracy, effectiveness or requested formulation.  And if the Federal Disability Retirement packet is sent over to OPM, and is then denied based upon information which is either inaccurate or incomplete, to whom will the finger be pointed at?

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Agency Adverse Actions

Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS.  If one pauses for a moment, one can easily understand the underlying reasons:  Medical conditions often result in attendance problems or impact the ability of a Federal or Postal employee to perform all of the essential elements of the position.  Disability Retirement eligibility is precisely that which attempts to prove the latter point — of the impact upon one’s ability to perform all of the essential elements of the positional requirements.  

Thus, when attendance, performance or conduct concerning the positional requirements become an issue, the Agency will often begin initiating adverse actions — ranging from instituting a “Performance Improvement Plan” (PIP), memorandums of warnings, suspensions, and removals.  While adverse actions reflect negatively by their definition, the positive aspect of such adverse actions, in combination with Federal Disability Retirement, is that the adverse action, having the underlying basis of resulting because of one’s medical condition and because of one’s medical inability to perform the essential elements of one’s job, can actually be used to argue for a FERS or CSRS Disability Retirement approval.  As with most of that which is “true” in life, the irony of this cannot be overlooked.

Sincerely,

Robert R. McGill, Esquire