OPM Form SF 3112C and the Sufficiency of the Physician’s Statement

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

OPM Disability Retirement: Early Decisions, Later Consequences

Decisions engaged in early on, reap later consequences which often reflect the choices made in those initial steps.  This is true both in life generally, and in particularized ventures, endeavors and vocations.

That is precisely why we tell our kids to study hard; that the key to success is preparation and practice; that, on performance day, the ease with which the presentation appears reflects the extent of the behind-the-scenes effort which went into the show.

Such admonitions apply to every project we undertake, and it is no less different when one is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, for the Federal and Postal Worker.  The logical sequence of how a person puts together a Federal Disability Retirement application will be reflected both in the final submission, as well as in the results obtained.

Now, there may well be cases which are poorly compiled, yet approved without a glitch; just as there will be cases which are irrefutably argued, yet denied by the Federal Bureaucracy identified as OPM.

However, another adage which is also true, is that “the exception does not make the rule”.

What words are chosen; how the Statement of Disability on SF 3112A is formulated; what medical evidence is presented; which legal arguments are promulgated and highlighted; what collateral issues are preemptively brought up; collectively, they “matter”.

What we do today determines the course of tomorrow; what tomorrow brings, will reflect upon who we are today.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

 

Disability Retirement for Federal Government Employees: Extensive Evidence

When first encountering the vastness of the sea, the young child pointed to it and said to his father with a breathless sense of wonderment and awe.  “It’s like a big swimming pool,” the child said.  “It won’t taste like one, though.  And do you see the waves?”  The boy stood in silence.

The mystery of the world, its infinite puzzlement, in contrast to man’s vain attempt to artificially recreate a semblance of its beauty, revealed itself to the child’s uncorrupted eyes.  Only a child whose first encounter with creation could see the true nature of being; the rest of us, compromised by age, cynicism and self-indulgence, would forever be blind to its breathless scope of beauty.

Such a slice of life story is meant to illustrate the distinction between substantive extensiveness, and a smaller version thereof, in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management.  Volume of evidence (i.e., likened to “the ocean”) can be persuasive; yet, if it is merely an elaborate pool, then lack of substance may undermine its own efficacy.  On the other hand, a short but “to-the-point” medical report may be very effective, precisely because it is exactly what it was meant to be:  without much fluff, the doctor is unequivocal in his or her medical opinion.

The point throughout is that there is never a science in the compilation of proof in formulating an effective Federal Disability Retirement application.  Or, to put it another way:  don’t try to recreate something which cannot be copied; sometimes, the evidence is what it is, and how one presents the evidence will make all the difference.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: How and What

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, “how” one states something is often just as important as the “what” one says.

The latter is relevant for obvious reasons:  the subject of the statement is the “identifier” for purposes of directing the reader (in this case, the person who is handling your Federal Disability Retirement benefit application at the U.S. Office of Personnel Management) to focus upon a particular matter; but just as importantly, “how” it is said — i.e., the tone, tenor and context of the “what”.

How a medical report is stated will often determine the success of a Federal Disability Retirement application, more than what is expected to be said.  For, from the perspective of the Office of Personnel Management, the generic “what” (the subject matter of the application) will almost always contain the obvious:  that there is a medical condition; that the medical condition prevents one from performing one or more of the essential elements of one’s job; that the Federal or Postal worker will make statements and claims of an inability to perform certain key elements of one’s job because of one’s medical conditions, etc.

On the other hand, how it is stated:  Is it persuasive?  Does the doctor follow from a reasonable explanation to an unequivocal conclusion?  Is the doctor convincing?  While the “what” of a Federal Disability Retirement application, whether under FERS or CSRS, may be a necessary condition of a Federal Disability Retirement application, it may not be sufficient; sufficiency may be determined by how a Federal Disability Retirement application is prepared, formulated, and ultimately filed.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Procrastination

Someone once said that procrastination is a wonderful thing — it allows for a lag-time between the future (for those things which need to get accomplished at some point), the present (those things which require attention immediately), and the past (those things which needed to get done, but whose time has passed, and with each passing moment, the urgency of which is diminishing because it doesn’t matter, anyway).  But procrastination has a way of “catching up” — where the piling up of past non-action combined with the present need to act, finally explodes when there is no future left to wait for. 

Preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS should not be compiled based upon a paradigm of procrastination.  Waiting for the last moment, or simply putting together a voluminous box of medical records and quickly filling out an SF 3112A by listing a compendium of known or suspected medical conditions, then quickly concluding that they impact one or more of the essential elements of one’s job, will only further raise the chances of a denial from the Office of Personnel Management. 

When a medical condition impacts a Federal or Postal employee and his or her ability to perform the essential elements of one’s job, there is certainly a sense of urgency.  However, the urgency to quickly file a case must be weighed and balanced against the future likelihood of success.  This is a long, long, process, and the extra time it may take — weeks or months — to properly prepare, formulate and file a Federal Disability Retirement application under FERS or CSRS, will help to prevent the problems of procrastination.  

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Necessary Doctor

Ultimately, the doctor who is necessary is the one who will be supportive.  Whenever the question is asked of me whether it is “necessary” to have the support of this or that doctor, my answer is generic in nature:  It is better to have one excellent narrative report in support of one’s Disability Retirement Application, than to have 5 mediocre or lukewarm reports.  Excellence in a Federal Disability Retirement application is encapsulated by the level of passion and support by the treating doctor.  The character and texture of a medical report is not just a set of factual listings of medical conditions and a dry statement of an opinion; rather, the underlying sense of a doctor’s firm and passionate belief in a patient is often evident in the intangible underpinnings of a good report.  There are simply some reports written by a doctor where one knows that it is improbable that the Office of Personnel Management will want to entangle themselves in; the unequivocal voice, tone and tenor of such a report can make the difference between getting an initial approval of an Application for Federal Disability Retirement under FERS or CSRS, or a denial, resulting in the necessity of going to another stage of the process.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Discretionary Judgments

There are many things in the long process of getting a FERS Disability Retirement application approved, which are purely “discretionary”, based upon one’s experience, sense of a case, an ear to listening to a client, and based upon a compendium of factors, facts and circumstances, to come up with the “best” decision on a particular issue.  A person who tries to go through the process alone, without the ear, mind, experience or judgment of an attorney who knows the process governing Federal Disability Retirement under FERS, has to make such discretionary decisions without the benefit of past experiences. 

Such decisions can range from small issues of:  how and when a treating doctor should be approached in the request for a medical narrative; how much guidance the doctor would need or want in preparing a medical narrative report; when and how to inform the agency of the pending decision to file for Federal Disability Retirement benefits, etc.; to the larger decisions, such as which medical conditions and reports to include in the final packet to be submitted to the Office of Personnel Management; and many other such discretionary decisions.  Yet, when grouped together, the complex interactions of the multiple “discretionary judgments” can often make or break a case.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: SF 3112C

Standard Form 3112C, the Physician’s Statement, is often an ineffective way of getting one’s treating doctor to prepare and write an effective medical report for a disability retirement application, to be submitted and reviewed by the Office of Personnel Management.  Because it is a standard form — with standard language and guidelines provided in generic form –doctor’s generally dislike taking such “instructional forms” and trying to decipher what is needed, how to properly and effectively interpret the generic instructions, and be the most effective medical advocate on behalf of a patient.

This is where an attorney’s guidance can be most effective and invaluable; for, ultimately, OPM’s review of eligibility for Federal Disability Retirement benefits under FERS or CSRS is not merely medical, but legal.  Because there are legal standards to be met, eligibility is ultimately determined not solely upon a medical basis, but upon a mixture of medical documentation which must satisfy a legal standard.  That is why the guidance of an attorney is crucial in a Federal Disability Retirement application under FERS & CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Decisions, Decisions

I am often asked questions by people of which I am unable to answer.  They are not questions concerning “the law” underlying Federal Disability Retirement, but rather questions which go to my “professional discretion” as an attorney in putting together a Federal Disability Retirement packet, prepared to go forth to the Office of Personnel Management. 

By “professional discretion” questions, I mean those questions which go to making decisions and choices concerning medical reports, percentage ratings received from the Veterans Administration; permanency ratings received from Second Opinion or Referee doctors, or the fact that one has reached “maximum medical improvement” and is now “permanent and stationary”, and whether to use such collateral sources of medical documentation in putting together a disability retirement packet. 

The practice of law is not all objective and straight-forward; part of the “practice” of law is of an art form, based upon one’s experience, and professional discretion sharpened by repetitive experiences in working with the Office of Personnel Management and in representing Federal and Postal employees before the Merit Systems Protection Board.  Further, there are some questions which I answer only for those whom I represent.  I am happy to provide general information about the process of filing for disability retirement.  For those whom I represent, however, I reserve for them the art of practicing Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire