Federal Disability Benefits: Agency Input

Whether, and to what extent, Federal agencies will support a Federal Medical Retirement, goes to the ultimate issues of sufficiency, necessity and relevancy.  Sufficiency is satisfied by the minimal act of completing the two primary standard forms which the agency is responsible for:  SF 3112B (the Supervisor’s Statement) and SF 3112D (Agency Certification of Reassignment and Accommodation Efforts).

Necessity is further accomplished by processing the Federal employee’s Federal Disability Retirement application if the Federal employee or the U.S. Postal employee is still on the rolls of the agency or the U.S. Postal Service, or even if he or she has been separated, the separation has not been for more than thirty one (31) days.  If the Federal employee (now former) or U.S. Postal worker (also now former) has been separated for more than thirty one (31) days, then the Federal Disability Retirement application must be submitted directly to the U.S. Office of Personnel Management, whether the individual is under FERS or CSRS. In either case, the current Federal agency’s Human Resource’s Office would still have to complete SF 3112D, and the former or current Supervisor must complete the Supervisor’s Statement (SF 3112B). Lack of cooperation on the part of an agency or the U.S. Postal Service, once the Federal employee or U.S. Postal worker is separated from Federal Service, is often a problem — but, then, lack of cooperation can be a problem in any event, even if one is still with the agency.

Finally, the question of relevancy is always a problem to be encountered and confounded.  Is what the agency states on SF 3112B and/or SF 3112D helpful, significant or even relevant?  It all depends.  Some statements can be less-than, while others can remain neutral or somewhat helpful.  Relying upon one’s agency, whether current or former, to help in a Federal Disability Retirement application, beyond doing that which is sufficient or even necessary, is to run on a fool’s errand.

But then, when a Federal employee or a U.S. Postal worker finds it necessary to file for Federal Disability Retirement benefits, whether one is under FERS or CSRS, through one’s agency and then ultimately to the U.S. Office of Personnel Management, is to sufficiently reflect a choice of wisdom, and thereby the wise person has already shown a necessary discernment between the importance of priorities in life, as opposed to the irrelevant glitter of fool’s gold.

Sincerely,

Robert R. McGill, Esquire

 

SF 3112B

OPM Standard Form 3112B: Supervisor’s Statement:

Were it that managerial approaches were diverse, and that such differences in stylistic methodologies constituted a perfect tailoring of individual personality to a particular job at hand; then, in that event, efficiency would predominate, scandals of long waiting times would disappear, and Federal and Post Office Workers would never be tested in their penultimate entanglement with the requisite virtue of patience.  But this is the real world. This is not some parallel universe in which dreams are dictated by wants and desires, and satisfaction of personal goals are attained at a whim.

In the harsh reality of technological onslaughts and daily toils of repetitive boredom, supervisors are placed in positions of trust, often misfits in an universe of onerous regulatory requirements and mandates.  As in all sectors of society, both public and private, there are good ones and bad, competent and their opposite; caring and callous; cold, indifferent, or warm beyond a fault.  But because of the busy-ness of the world in which we live, being aware of, or having the time to care for, the problems of subordinates, is a rare trait.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition necessitates filing for Federal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, the process will require the request for completion of SF 3112B, or more commonly known as the Supervisor’s Statement. For some, it will merely be a nuisance in the mere act of requesting; for others, a chaotic turmoil of sorts, filled with angst and thoughts of retribution and retaliation.

Ultimately, however, this is where standardized forms work for the benefit of Federal and Postal employees, because of the specificity of questions posed in SF 3112B.  Yes, there are blank spaces for some extemporaneous comments; yes, attachments to SF 3112B are allowed; but the most relevant queries are merely requests for box-checking, and that is where brevity is to the benefit of the Federal employee or Postal worker.

In the end, the process of filing for Federal Disability benefits through OPM is based upon the sufficiency of medical documentation, and not what a Supervisor says or leaves out in SF 3112B.  That is why an executed methodology of a coherent strategy to obtain evidentiary support is so crucial to a successful outcome in preparing, formulating and filing for Federal Employee Disability Insurance benefits, whether the Federal employee or Postal worker is under FERS or CSRS.

 

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: What the Agency May Say

Individuals can and do tell untruths (an euphemism for a “lie”); organizations, as a collective congregation of multiple individuals, can therefore also convey negations of truthful statements (a further euphemism, stated diplomatically to avoid the unpleasantry of a direct statement).  Of course, the justification for such factually incorrect statements is that there is a “difference of perspective” or of an opinion which is not in agreement with another’s.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the portion of a Federal Disability Retirement application which the Agency must complete — most notably the Supervisor’s Statement (SF 3112B) and the Agency’s Certification of Reassignment and Accommodation Efforts (SF 3112D) can and most often do contain misstatements, differing perspectives and negations of untruthful statements.

They are not like the other forms which must be completed by the Agency — i.e., the checklist, the Certified Summary of Federal Service, etc., where the information provided can be compared to factually verifiable documents, statements, etc., and therefore will be constrained by objective and ascertainable facts.

Unfortunately, there is “wiggle room” on both the SF 3112B and the SF 3112D, and agencies tend to utilize the wide expansiveness of such roominess to move about.  That is why, what the agency says or might say, must be preempted as much as possible by the medical report and other documentation.  By providing as much of an airtight case prior to submission of the disability retirement packet to the agency, one increases the odds that the impact of what the agency says, will be minimal, and minimized.

Of course, there is then the further problem of the inaccuracies engaged in by the U.S. Office of Personnel Management itself — but that is another story to tell, and one which must be categorized in a department beyond “fiction”, but more akin to the genre of “fantasy” or “science fiction”.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Friendly Supervisor

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Supervisor — and therefore the Agency itself — will be informed of one’s application for Federal Disability Retirement, because of the requirement of the SF 3112B.

Standard Form 3112B is the “Supervisor’s Statement”; it is a form which needs to be completed by a Supervisor of the Federal or Postal employee who is applying for Federal Disability Retirement benefits.  Because the form must be completed by a Supervisor of the applicant, it is therefore presumed that “others” at the agency will come to know that the Federal or Postal employee has filed for Federal Disability Retirement benefits.

Often, the question is asked as to “when” the Supervisor should be informed of the employee’s application.  It can be a touchy issue.  Because the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits often feels a certain sense of loyalty, especially if the Supervisor has been “good” to him or her, the instinctive sense is to inform the Supervisor sooner, rather than later.  But remember that loyalty in the Federal government is almost always a unilateral approach; it runs one way — from the individual to the agency; rarely is it bilateral, where it runs both ways.

Further, once a Federal or Postal employee contemplates filing for Federal Disability Retirement, the loyalty of the Supervisor is normally seen as connected to, and only to, the agency; and the very fact that an employee has mentioned the term “Federal Disability Retirement” is often the turning point of any connective loyalty.

Loyalty is what one is doing now and for the future, not what one has done in the past.  Such words may invoke a sad truth, but one which should be heeded.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Supervisor’s Statement

The Supervisor’s Statement (Standard Form 3112B) should be a form with negligible impact, unless it is to inform the Office of Personnel Management that (A) the individual Disability Retirement applicant was placed in a light duty, temporary position, (B) that the Agency could not accommodate him/her, and (C) to describe how the Federal or Postal employee filing for Federal Disability Retirement benefits was by all appearances limited in his/her ability to perform many of the essential elements of the job.  Such statements are often helpful to the Office of Personnel Management in a Federal Disability Retirement case.  

Most Supervisor’s Statements, however, are noncommittal. The lack of information provided by a supervisor reflects poorly upon the supervisor, insofar as it evidences non-engagement and lack of awareness of someone whose job it is to be aware of such things.  Every now and then, there will be a Supervisor who goes out of his or her way to make statements which clearly attempt to undermine a Federal Disability claim.  The way to approach such a Supervisor’s Statement, however, is not to focus a great amount of attention upon it; rather, to remind the Office of Personnel Management that this is a “medical” disability retirement application, and not a Supervisor’s disability retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Potential Drawback

One of the potential drawbacks in pursuing collateral employment issues concomitantly with a Federal Disability Retirement application is that, as such employment issues are active and clearly in the collective consciousness of the Agency, the Supervisor, and all involved, the issue itself often gets sneaked into a Federal Disability Retirement application under FERS or CSRS via the back door.  

This is not necessarily a negative thing, but can be a potential drawback if the Supervisor insists upon inserting the details of the collateral action in the Supervisor’s Statement.  Whether such insertion and accompaniment with a Federal Disability Retirement application is “proper” or not, is a separate matter.  From the perspective of the applicant who is awaiting a decision from the Office of Personnel Management, it matters not as to the proper actions of the Agency.  What such actions by the rogue supervisor does, is to deflect the focus away from the medical issue, and redirects the reviewing official/representative at OPM that the “reason” for one’s early retirement is not one based upon a medical issue, but rather, is because of stresses or other factors caused by a hostile work environment, harassment issues, etc.  This is normally a proposition which can be easily sidestepped, by arguing to OPM that whether or not such workplace issues have any basis or not, the treating doctor has nevertheless stated X, Y & Z.  However, it can still be problematic, and that is why collateral workplace issues should be avoided, if at all possible.

Sincerely, Robert R. McGill, Esquire

Federal Employee Medical Retirement: Forms

In preparing, formulating & filing a Federal Disability Retirement application under FERS or CSRS, one must fill out the various “forms“:  SF 3107 with schedules A, B & C under FERS (for CSRS, SF 2801 with schedules A, B & C); as well as SF 3112 A – D.  These forms are necessary in filing a Federal Disability Retirement application (as well as some which are not listed here). Along with these Standard Forms (thus, the “SF”), one must attach supporting documentation to be eligible for Federal Disability Retirement benefits.  However, all applicants must be fully aware that the Standard Forms neither explain, nor necessarily “follow”, the expansive laws which govern Federal Disability Retirement.  

Forms are created and published by bureaucrats who are neither aware of, nor are informed about, statutes, regulations or cases which define, refine or otherwise expand upon the complex laws which govern Federal Disability Retirement law.  As such, they are the “bare bones”, skeletal requirements.  In filling out such forms, therefore, one does so without any guidance or knowledge by the mere reading of the “instructions” on the forms.  As such, one should “beware” in trying to complete any of the Standard Forms when preparing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Agency Supervisors & Their Responsibility

Agency Supervisors possess powers which can be easily misused. As such, the Supervisor who must fill out a Supervisor’s Statement — Standard Form 3112B — for the disability retirement applicant, must do so with care, integrity, and a sense of reasoned perspective and fairness. “But I’m only telling the truth of what I believe,” is often the justification of a Supervisor who deliberately inserts damaging, self-serving and derogatory remarks on the Supervisor’s Statement. But such “truth” goes beyond the proper role of a Supervisor. Indeed, it is often helpful to discuss the content of intended remarks and statements with the Federal or Postal employee first. Such consultation provides a true and balanced opportunity — a field of fairness and a reasoned perspective — to ensure that a Supervisor is indeed being fair, balanced, and neutral, and not allowing for any personal “feelings” of acrimony or animosity to dilute and pollute a fair appraisal of an employee’s performance, conduct, and impact upon the Agency’s purpose, mission, and goals intended and accomplished. For, ultimately, a Supervisor’s Statement is not about what a Supervisor’s “belief” is; it is not about whether the Supervisor likes or dislikes a Federal or Postal employee; rather, it is supposed to be a balanced, objective perspective delineating the impact of a Federal or Postal employee’s performance or conduct, relative to his or her medical condition and the ability of that employee to perform the essential elements of a job.

Sincerely,

Robert R. McGill, Esquire