Early Medical Retirement for Disabled Federal Workers: SF 3112A, SF 3112B, SF 3112C & SF 3112D

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee will be asked to complete a mountain of standard government forms.  The forms themselves appear to merely request “information”.  Don’t be fooled.  It is not mere information; it is the basis upon which OPM approves or denies a case.  

For the CSRS employee (which is becoming rarer by the hour because of the replacement of CSRS with FERS back in the mid-80s), in addition to SF 3112A, SF 3112B, SF 3112C & SF 3112D (which both CSRS and FERS employees must complete), Standard Form series numbered 2801 (SF 2801), along with Schedules A, B & C must be completed.  For FERS employees, in addition to the SF 3112 series (again, SF 3112A, SF 3112B, SF 3112C & SF 3112D), the Federal or Postal employee must complete SF 3107, along with Schedules A, B & C.  

These forms constitute the “nuts and bolts” of the Federal Disability Retirement application process.  Not only must “information” be provided in filling out these forms; there are “tricky” issues which must be addressed at the outset.

For example, SF 3112C is the “Physician’s Statement”, and is meant to be used in order to guide the physician into providing a detailed physician’s statement.  It is a confusing, convoluted form which often makes the doctor feel intimidated.  It is preferable to have the doctor address the elements requested on SF 3112C without actually using the 3112C.  However, if a Federal or Postal employee is unrepresented and unaware of this, then the potential disability retirement applicant may unknowingly sign the form, when it may not be in the best interest of the Federal or Postal employee to do so.  

Be aware; “information” is not a mere compilation of facts and figures; rather, information is always used — whether for, or against, something or someone.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Agency Stubbornness

The quality and characteristic of “stubbornness” encompasses a refusal to be persuaded by logic, reason, or any other similarly acceptable criteria of linguistic methodology normally employed in discourse, conversation or discussion on a matter.  Federal Agencies and the U.S. Postal Service are both equally notorious for retaining, maintaining and adhering to such a characteristic, and that is true in circumstances involving termination, medical disability, and agency actions governing administrative actions and sanctions, whether neutral or punitive.  

Often, because a Federal or Postal employee who suffers from a medical condition will need to begin the process of filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, a parallel set of circumstances begins to develop —  more absences; more need to file paperwork requesting leave, whether Sick Leave, Annual Leave or Leave without Pay; and the concurrent events which begin to coalesce involve the conflicting needs of the Federal or Postal employee and the requirements of the Agency to continue to meet and accomplish the goals of Federal Service.  

The result is often one of adversarial clashing:  a removal action by the Agency; potential loss of Health benefits (more often than not temporary, but nevertheless of concern) for the Federal or Postal employee; a rush to file for Federal Disability Retirement benefits; a sense of “emergency”; a stubbornness on the part of the Agency in its adherence to remove the Federal or Postal employee once its heels have been “dug in”.  

It is important to try and address such issues and attempt to head them off in as predictable a fashion as possible.  However, when such a clash between Agency interests and Federal or Postal employee needs come to an inevitable confrontation, it is important to at least establish a “paper trail” for future use.  Annotating the facts is an important tool to utilize — in shorthand, it is called “evidence“.

Sincerely,

Robert R. McGill, Esquire