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

SF 3112C

OPM Standard Form 3112C: Physician’s Statement:

Forms tend to intimidate; the more official the appearance, the greater heightening of anxiety in close encounters of this kind.  Beyond the alien look of some forms (for those who have already identified the two references to Steven Spielberg’s 1977 Science Fiction film, you have revealed what generation you are from), the size of the font, the extent of warnings issued (i.e., “Privacy Act and Public Burden Statements”, etc.), and most importantly, the cogency and clarity of understanding for a third-party being requested to provide valuable and necessary information on behalf of a patient — these are all important considerations to entertain.

In this busy world, where doctors must wear multiple hats — of administrative overloads, compliance with billing requirements in Medicare, Medicaid, and numerous other government portals, etc.; of earning sufficient income in order to pay staff, salaries and practice expenses; of ensuring privacy protections; and, finally, beyond all of the headaches associated with running a medical practice — of actually engaging in patient care becomes almost a secondary issue. Time is limited; time is a commodity of invaluable substance; time is a restrictive resource when the exhaustion of the modern world impinges upon the daily necessity of making a living.

And so the Federal or Postal Worker who is filing for Federal Disability Retirement benefits hands, sends, or faxes a government form, demanding that a doctor complete another issuance of what can only be kindly termed as a nuisance or a headache.  The normal response of the treating doctor is to procrastinate, ignore, or, worse yet, to put together a bundle of treatment records and send them off.

OPM Form 3112C, the so-called Physician’s Statement, is the crucial linchpin of a Federal Disability Retirement application; yet, the form itself is an intimidating venue which can predispose a Federal Disability Retirement application to a preview of failure. Are there alternatives? SF 3112C itself is put forth as if it is a necessary prerequisite in the entire process of filing for Federal Disability Retirement. The answer can be found in another form — SF 3112E — where it clearly states: Attach SF 3112C, Physician’s Statement (or its equivalent).

It is the equivalency which is the key to a successful Federal Disability Retirement application, for the Federal Employee on long-term sick leave (SL) or the injured Postal worker who is preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, through the U.S. Office of Personnel Management.

Equivalencies matter, and what constitutes such “equal-ness” in acceptable form, is the key to a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire