Medical Retirement Benefits for US Government Employees: The Purpose of Standard Forms

Standard Forms represent the Federal Government’s attempt to streamline and create efficiency.  For FERS & CSRS employees who are seeking to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, a compilation of Standard Government Forms will have to be completed.  

Obviously, this will not be a surprise to the Federal or Postal employee, inasmuch as such an encounter with the requirement of completing Standard Forms is a necessary evil during the course of any Federal or Postal career.  However, the difference in the case of filling out the Standard Forms for purposes of applying for Federal Disability Retirement may be encapsulated in a cautionary remark:  it is not just “information” which the Office of Personnel Management is seeking; it is also a particular kind of “proof” which, if not met, will result in a denial of a Federal Disability Retirement application.  

Thus, while SF 3107, and Schedules A, B & C (for FERS employees), and SF 2801 and Schedules A, B & C (for CSRS employees) may be the vehicles for providing basic personal information (e.g., name, address, agency for whom one works, etc.); it is the second series of SF Forms — 3112A, 3112B, 3112C & 3112D which seek to obtain information directly relevant to “proving”, by a preponderance of the evidence, one’s Federal Disability Retirement application.  

Remember the old cop-shows, where the officer says, “You have the right to remain silent, but anything you say may and will be used against you“?  The SF 3112 series should take that precautionary statement to heart.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: SF 3112A, SF 3112B, SF 3112C & SF 3112D

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee will be asked to complete a mountain of standard government forms.  The forms themselves appear to merely request “information”.  Don’t be fooled.  It is not mere information; it is the basis upon which OPM approves or denies a case.  

For the CSRS employee (which is becoming rarer by the hour because of the replacement of CSRS with FERS back in the mid-80s), in addition to SF 3112A, SF 3112B, SF 3112C & SF 3112D (which both CSRS and FERS employees must complete), Standard Form series numbered 2801 (SF 2801), along with Schedules A, B & C must be completed.  For FERS employees, in addition to the SF 3112 series (again, SF 3112A, SF 3112B, SF 3112C & SF 3112D), the Federal or Postal employee must complete SF 3107, along with Schedules A, B & C.  

These forms constitute the “nuts and bolts” of the Federal Disability Retirement application process.  Not only must “information” be provided in filling out these forms; there are “tricky” issues which must be addressed at the outset.

For example, SF 3112C is the “Physician’s Statement”, and is meant to be used in order to guide the physician into providing a detailed physician’s statement.  It is a confusing, convoluted form which often makes the doctor feel intimidated.  It is preferable to have the doctor address the elements requested on SF 3112C without actually using the 3112C.  However, if a Federal or Postal employee is unrepresented and unaware of this, then the potential disability retirement applicant may unknowingly sign the form, when it may not be in the best interest of the Federal or Postal employee to do so.  

Be aware; “information” is not a mere compilation of facts and figures; rather, information is always used — whether for, or against, something or someone.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Basics & Complexity

Appearance versus reality; ease of effort as opposed to great physical exertional requirements; basic components which make up for a complex composite — the inverse/converse of oppositional forces may seemingly contradict each other, but in most cases, they are entirely compatible.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial encounter with the multiple forms which must be completed, the complexity of the questions requested to be responded to — with the underlying sense that each question contains an implicit “trickiness” where the government is attempting to either cage you into a corner you do not necessarily want to be pushed to, or otherwise to state things which cannot be answered in such simplistic format — all betray a conundrum:  Is it as simple as the questions appear?  Or is the complexity hidden in the appearance of such simplicity?

Then, of course, a partial answer will surface when a Federal Disability Retirement application is denied by OPM at the First Stage of the process:  all of a sudden, various legal criteria are cited; standards of proof heretofore unmentioned are recited like a litany from a food recipe; and by the way, if it gets denied again, you get to read through a thick legal packet concerning your “appeal rights” from the U.S. Merit Systems Protection Board.

Yes, it appears simple; it’s only that the complexity remains hidden in the compendium of laws, statutes and regulations which undergird the entirety of the complex administrative procedure encapsulating Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Always Stick to the Basics

If one’s thoughts advance too far beyond the practical application of what one is engaged in, often the complexity initiated by the human mind will disproportionately put out of balance the reality of a requirement as opposed to the endless possibilities ventured by the human imagination.  

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, it is often counterproductive to reflect too extensively upon the various standard forms which must be completed.

Yes, the forms are confusing, create unnecessary consternation, and need correlation and cooperative coordination between them in order to produce uniformity and consistency in a Federal or Postal Disability Retirement application.  

Yes, it is precisely the inconsistencies, the internal and external contradictions (whether apparent or real, substantive or peripheral) which the Office of Personnel Management focuses upon in justifying a denial of a Federal Disability Retirement application.  

Nevertheless, it is more often than not the undue focus upon the potential complexities of the standard forms, the rumination upon potential consequences not yet actualized, of questioning, well, what is it that this question is really asking for?  Do they want me to include X, as opposed to Y?  Will it hurt my case if I say B, instead of including C, D & E?  Am I required to include everything, or will it be counted against me if I leave it out?  

Such questions are a natural part of preparing and formulating a Federal Disability Retirement application under FERS or CSRS.  If such ruminations result in an inability to proceed and advance forward, it might be time to contact someone who specializes in preparing FERS & CSRS Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Content & Substance

Form, Content & Substance.  Form is the appearance and the general approach & methodology of a Federal Disability Retirement packet; Content is the essence of that which makes up the materials in the packet; and Substance (hopefully) is the “meat” of the packet itself.  Make sure that what is stated is substantive.

OPM Representatives have multiple cases.  From the perspective of the Federal Disability Retirement applicant, it is a singular case, because it is one’s own case, and the personal nature of such a case makes it of paramount importance.  From the perspective of the OPM Representative, however, it is one of multiple cases, and it is part of his or her job.  If one has to wade through a generous amount of fluff before getting to the content of the Federal Disability Retirement application, the energy expended may be a distraction from a serious review of the substantive content.

A descriptive narrative bridging the medical condition with the type of job one performs is a necessary component; but as between a concise short story and a novella, the former is to be preferred in preparing and filing a Federal Disability Retirement application under FERS & CSRS.

Sincerely,

Robert R. McGill, Esquire