In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must address the issue of the Applicant’s Statement of Disability (Standard Form 3112A), and answer questions regarding the medical conditions, their impact upon one’s ability or inability to perform the essential elements of one’s positional duties as slotted; impact upon other areas of one’s life, etc.
The problem with many respondents to such a form (by “respondent” is meant to identify the Federal or Postal employee who is completing the form and filling out the SF 3112A for filing of a Federal Disability Retirement Application) is the manner in which it is responded to — the “how” it is stated. In journalism, there is the standard approach of providing information: Who, what, when, where and how. Such satisfaction of a journalistic approach provides the reader with the necessary information required to complete a story. In that type of forum, however, the penalty for providing the wrong “how” is merely bad penmanship, and some potential criticism by the general reading public.
In applying for Federal Disability Retirement benefits, however, the penalty for a wrong “how” may be a disqualification from being able to receive Federal Disability Retirement benefits, because the historical context of the medical condition can impact the legal criteria for eligibility.
Be careful in formulating the applicant’s statement of disability; what one says matters; how one says it may matter most.
Sincerely,
Robert R. McGill, Esquire
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Federal Disability Retirement: Formulating an Effective SF 3112A
The “heart of it all” is… The medical report will provide the substantive basis; a supervisor’s statement may or may not be helpful or useful at all; legal arguments will certainly place the viability of the application for Federal Disability Retirement into its proper context and arguments which touch upon the legal basis will inevitably have their weight, impact and effect upon whether one has met by a preponderance of the evidence the legal criteria required to be eligible and entitled. All of that aside, the SF 3112A — the Applicant’s Statement of Disability — is where the heart of the matter resides in preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS.
If a Federal or Postal employee is unsure of what to state, how to state it, or how much to reveal and state, that becomes a problem. For, ultimately, the proper balance must be stricken — between that which is relevant as opposed to superfluous; between that which is substantive as opposed to self-defeating; and between that which is informational, as opposed to compelling. Formulation takes thought and reflection. Yes, the SF 3112A — the Applicant’s Statement of Disability — is the heart of it all.
Sincerely,
Robert R. McGill, Esquire
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