Disability Retirement for Federal Workers: Listing, Prioritizing and Weaving

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal or Postal employee who is formulating the Applicant’s Statement of Disability on Standard Form 3112D must describe the medical conditions which will be proven to impact upon one’s inability to perform one or more of the essential elements of one’s job.

Submission of the “list” of medical conditions will concretize and place boundaries around the issue to be litigated. Once submitted through the Agency or the U.S. Postal Service, then forwarded to Boyers, PA and assigned a CSA Number, the medical conditions described will be the only ones which can be argued.  Further, once a Federal Disability Retirement application is approved, the approval letter will have an attachment which describes and identifies those medical conditions which the Office of Personnel Management found the applicant to be disabled for (is this the feared split infinitive?).

Thus, by way of example, if a Federal or Postal employee filed for Federal Disability Retirement benefits based upon medical conditions X, Y and Z, and OPM based its approval only upon medical condition Y, then for any future Medical Questionnaire requesting an updated status on the annuitant’s medical condition, it is only medical condition Y which would be relevant.

As such, in the very preparation of the applicant’s statement of disability, important decisions must be made which will have significant future consequences:  which medical conditions to list; how to prioritize the medical conditions; whether to weave secondary conditions into the applicant’s statement, and to what extent, etc.

While some of the issues will be determined by the medical narrative report(s) prepared by the treating doctors, it is ultimately the responsibility of the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits — along with his or her attorney — to set the course for future events in a manner which will ensure not only present success, but future security.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: The Developing Medical Issue

There is a legitimate concern in preparing a Federal Disability Retirement application, that if an Applicant’s Statement (Standard Form 3112A both for FERS & CSRS employees) is not prepared properly, there may be some unforeseen repercussions down the road, including being barred from “adding” to the list of diagnosed medical conditions, to being found “disabled” based upon a minor, peripheral medical condition which may become “cured” within a short timeperiod.  This is true also of a “developing” medical condition — where symptoms abound, but the doctor is unsure of the specific diagnosis to ascribe to the patient.  That is why much of preparing a Federal Disability Retirement application under FERS or CSRS is more of an art form than a strict application of “the law” .  Yes, it is important to understand and apply the law.  Yes, it is important to extract prior experiences and weave the essential elements, both of the law, of facts, of medical descriptions, etc., into a meaningful narrative in bridging the two essential fields of evidentiary substance:  the medical evidence and the type of job which is impacted.  But more than that, one must know how to interconnect all of the necessary elements — the law, the facts, the medical basis, the essential elements of one’s job — into a coherent whole.  As for any developing medical issues, the same methodology can be applied — in an artful way, such that an unnamed diagnosis will have been “covered” by a description of the symptoms.

Sincerely,

Robert R. McGill, Esquire