Federal Disability Retirement: Question and Answer

A question presumably is a tool of communication seeking a satisfactory answer; and, conversely, an answer will satisfy the query only upon addressing the specific information sought.  Thus, the question is not merely a general request for irrelevant information, and an answer is not just a sequential set of words culled together from a pool of language.  Yet, many people often act as if speaking a volume of phonetically mellifluous tones will satisfy a query; and that speaking with intonations of a question mark will invite information of relevant import.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand the questions posed on the Standard government Forms in a Federal Disability Retirement application; and, similarly, one must take care in providing the proper, relevant, and satisfactory answers to the queries posed.

Questions often have a history; implied requests for information carry a weight of tested legal cases, and thus questions which seem simple on their face have been formulated based upon such case-histories.

For the Federal or Postal employee encountering the question for the first time, it is well to try and understand the vast body of historical context preceding the formulation of each question.  For, as the age-old adage still applies, those who fail to study history are apt to repeat it.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Priority and Importance

In preparing a Federal Disability Retirement application under FERS or CSRS, it is important to always distinguish between two conceptual paradigms:  priority of an issue, and the importance of an issue.

While gathering the proper evidence and substantiating medical documentation is of importance, it should not be the priority.  The priority — that which should precede another — should be to take care of the medical condition itself (i.e., to get the proper treatment modalities, to undergo the necessary diagnostic tests, to follow the treatment regimen of the doctor, etc.).

At some point, of course, the question will arise:  Is it time to consider filing for Federal Disability Retirement under FERS or CSRS?  Can I continue to work at my job?  Is my job performance suffering?  At that critical juncture, then the issue of importance may arise.  While priority has to do with that which is first in a series of issues, the concept of “importance” can entail multiple issues all at once.

Once the question of “whether” is answered in the affirmative, then one must begin to approach the doctor for his or her support; to begin to annotate how the medical condition is impacting one’s ability/inability to perform the essential elements of one’s job, etc.  All throughout, of course, the priority of getting the proper medical care is paramount.  Everything else is secondary, but other things can concurrently be of importance.

Sincerely,

Robert R. McGill, Esquire

OPM SF 3112 Schedule C Form: The Doctor’s Statements

The lack of cooperation from a treating doctor, who is asked to provide a medical narrative report for a Federal Disability Retirement application under FERS or CSRS, may be based upon one of several factors.

It may be that the doctor merely refuses to engage in any type of administrative support for his patients; it may be that the doctor has private suspicions that, to openly admit that his/her patient must file for Federal Disability Retirement means that his/her treatments have failed, and thus, the patient/disability retirement applicant is considering filing a malpractice action, and asking him/her to write a supportive medical narrative is merely a ploy to set the groundwork for a later malpractice action; it may just be bad bedside manners; or it may be that the doctor does not understand the Federal Disability Retirement process, and how it differs for Social Security Disability, or Worker’s Comp.

If it is the latter reason, then it is the job of the attorney to make sure and explain, delineate, and inform the doctor of the nature, extent, and context of Federal Disability Retirement — and to show how an approval for disability retirement benefits will be the best thing for his/her patient.  This is where an attorney representing an applicant for Federal Disability Retirement benefits under FERS or CSRS becomes a crucial component in the preparation of such an application.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Disability Retirement: Summer Doldrums & the Physician’s Statement

I have often pointed out in past blogs and articles that I do not have my clients sign the Physicians Statement (SF 3112C), for multiple and various reasons, not the least of which is that it is a confusing form, and in smaller print than necessary, leaving the impression to the doctor that what is requested is far more complex than what is actually required.  In its place, for my clients, I write a 4 – 5 page letter outlining the type of medical narrative report which I need.  This is the summer months; everyone from OPM representatives to lawyers, to doctors and Federal and Postal employees, take time off to recover from the hard work throughout the rest of the year.  When doctors take off for some “summer fun”, it just means that they have less time to spend on administrative matters — such as writing up a medical narrative report for their patients.  Because of this, it is important to try and simplify the matter as much as possible, and a blanket submission of the SF 3112C without some explanatory guidance, is not the best course of action.  Doctors need guidance, and in this busy world, it is best to streamline the process for them as much as possible.

Sincerely,

Robert R. McGill

OPM Disability Retirement: The Doctor II

Work is good for a person — being productive, being useful, being a contributing member of a team, an agency, an organization; it provides a sense of self-worth, dignity, and therapy. On the one side, that is why a Federal or Postal worker takes such a long, careful and hesitant step before deciding to file for Federal Disability Retirement. On the other side, the treating doctor knows the medical, therapeutic and healing value of work.

That is often why doctors are reluctant to agree to support a Federal or Postal worker’s decision to file for disability retirement under FERS & CSRS. Such reluctance, however, is mostly due to an unfamiliarity with the legal standards required to obtain disability retirement. Most doctors are familiar with the Social Security process of filing for disability benefits; and, further, many doctors are familiar with State Worker’s Compensation benefits and process; and, to a lesser extent, Federal Worker’s Compensation programs. Very few doctors are familiar with Federal Disability retirement benefits under FERS & CSRS. That is why it is important to clearly, concisely, and thoroughly inform the treating doctor of the process — and, often, it is wise to have an attorney who can clearly explain and delineate the process.

Sincerely,

Robert R. McGill, Esquire