FERS & CSRS Federal Disability Retirement: Reviewing the Position Description

There may be a wide chasm between what one’s position description states, and what one actually does in the position of the Federal or Postal job slot which one occupies.

Further, the fact that there may be a radical modification to one’s official duties in practical and real terms, does not obviate the fact that one may be required, at any time, to fulfill those duties and responsibilities as described in the official configuration of the position.

Finally, since the U.S. Office of Personnel Management, in making a determination on a Federal Disability Retirement application, will never personally assess or observe what a Federal or Postal employee is actually doing in one’s office, out in the field, at the work station, etc., you must therefore always envision the process as one of bureaucratic administration — i.e., of looking at the paper presentation of the position description, and being restricted and constrained by what is contained therein.

That being said, in a Federal Disability Retirement application, whether under FERS or CSRS, it is often a good idea to review the official position description when beginning to formulate one’s Applicant’s Statement of Disability (SF 3112A).  Some position descriptions are so generic in nature that it may required more “filling in the blanks” for purposes of describing the pragmatic essential elements which one must work; other descriptions may enlighten the Federal or Postal Worker and make the entire administrative process easier because of the onerous requirements as delineated in the official position description.

In either event, one must always remember that it is from the Federal or Postal position which one is medically retiring from and not what one may actually be doing.  Thus, recognition of the wide chasm which exists between what one ought to be doing, and what one actually does, may be one of the keys to a successful formulation of a Federal Disability Retirement application, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Preempting Anticipated Problems

The obvious and self-evident problems of many can be characterized as failing to know what the questions are; for, if the question is unknown, how can one provide an answer?

Thus, in entering into the surreal universe of Federal Disability Retirement benefits, which can be both a procedural, administrative nightmare, as well as a substantive morass of conflicting and confusing legal framework, the novice who first encounters the Standard Forms (SF 3107, with Schedules A, B & C for the FERS employee; SF 2801 with Schedules A, B & C for the CSRS employee; and SF 3112 series for both the FERS and CSRS employee) may well have a perspective that, inasmuch as the questions asked are fairly easy to comprehend, the answers themselves would naturally, likewise, be easy to append.

But as much of law and the success of legal reasoning involves the preempting of anticipated problems (e.g., that is precisely what Estates & Trusts attempts to do — to anticipate any objections of those who are heirs or potential beneficiaries of an estate), so the lack of knowledge of the wide body and historical evolution of how X came to be through the legal evolution and expansion of Y, results in the grave disadvantage of the Federal or Postal Worker who stumbles upon the compendium of the Federal Disability Retirement process.  And, of course, the U.S. Office of Personnel Management loves nothing more than to look upon the unknowing Federal or Postal applicant, with hungry eyes, ready to pounce upon such lack of knowledge.

Preempting a problem requires the anticipation of the question; and knowing the question is the first step to coming up with an answer.

Sincerely,

Robert R. McGill, Esquire