Early Medical Retirement for Disabled Federal Workers: Persuasiveness

The ability to persuade requires two components:  One who utilizes the tools of persuasion; and a receptive audience, open to an alternative perspective, and willing to regard and consider the arguments of the first.  

Power is often the single most obstructive obstacle placed in the path of persuasion, precisely because it makes an individual, entity, organization or agency believe that it does not need to be persuaded to change course.  Watching news shows and political interviews is quite instructive in the loss of society’s ability to either listen, or to persuade.  The rule today is to talk, and as long as the monologue lasts, the opponent is given no opportunity to respond.  He who talks the most, and the loudest, wins the debate.  

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 recognize the mechanisms already in place, and to use them to one’s persuasive advantage.  

The Office of Personnel Management is the entity which must be persuaded.  Inasmuch as it is easier to approve a case, than to deny it and have it Reconsidered or appealed to the Merit Systems Protection Board, the approach must be one of:  What can be submitted to make your job easier, and to relieve you of your heavy caseload?  For one thing, a concise and streamlined Federal Disability Retirement packet.  For another, a Disability Retirement packet which is clearly proven.  And for a third, legal and other arguments which are simple but to the point.  

Meandering arguments and voluminous biographies, as well as diatribes of complaints, will not win the day.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Effective Narrative

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to compile an effective narrative on Standard Form 3112A, the Applicant’s Statement of Disability.  

The narrative presentation, in response to specific questions which are posed on SF 3112A, should encompass a wide range of writing tools:  clear identification of the diagnosed medical conditions; concise description of the symptoms which manifest themselves; an understandable delineation of the type, nature and essential elements required in one’s position with the Federal government or the Postal Service; and a connective narration of the impact of one’s medical conditions upon the performance of the essential elements of one’s positional duties.  

All of those writing tools which one learned in grammar school — and hopefully perfected over the years — should be utilized in the process of formulating the narrative.  By “narrative” is meant the story of one’s medical conditions and its impact upon one’s ability/inability to perform the essential elements of one’s job.  

The narrative form should be clear, concise, comprehensible, and minimalist to the extent that the range of irrelevant tangents should be limited, but the story should be compelling enough to contain the details to captivate the OPM Representative who is reviewing the case.  Moreover, it should be a short story as opposed to a novel; one should not have to tell about the pain, but rather, allow the story to reveal the physical and emotional devastation of the medical condition, its impact upon one’s job, and upon other aspects of one’s life.  Further, it should answer the questions posed, but go beyond the questions, and answer the essential foundation without argumentation:  Why one is eligible and entitled to Federal Disability Retirement benefits under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Exaggerated Supervisor’s Statement

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the Federal and Postal employee should focus upon those aspects of the OPM Medical Retirement which are under his or her “control” — directly or indirectly — and not worry excessively about those things which are beyond one’s control or responsibility.  

Thus, obtaining the proper medical documentation; accurately, succinctly and coherently formulating the Applicant’s Statement of Disability on SF 3112A, etc., are within the purview of one’s control and responsibility.  Having the Supervisor complete the Supervisor’s Statement — SF 3112B — is part of the required final Federal Disability Retirement packet; what is contained within the parameters and confines of the form itself, however, is often beyond one’s control.  

While one assumes that a Supervisor’s Statement will be completed with a fair amount of accuracy, it will necessarily contain a certain perspective, intent, and often a sense of “protecting” the agency’s interest and goals.  Thus, the Supervisor will often overstate the extent of an attempted accommodation engaged in, real or imagined, in order to justify its actions concerning the Federal or Postal employee.  Further, it will often mis-state the concept of “light duty” and how it relates to accommodating the Federal or Postal employee.  In other sections of SF 3112B, it may over-state and exaggerate the employee’s conduct or impact of the medical conditions upon the Agency’s workload.  

An exaggerated Supervisor’s Statement will often be helpful to a Federal Disability Retirement case. Don’t be too hasty in attempting to correct inaccuracies and differing perspectives; sometimes, the exaggerated statements are merely differences of opinions and viewpoints, and may in fact be helpful in obtaining an approval from the Office of Personnel Management.  

In any event, a Supervisor’s Statement is beyond one’s control — and undue focus upon those issues beyond one’s control can detract from the greater mission at hand.

Sincerely,

Robert R. McGill, Esquire

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

Federal and Postal Disability Retirement: Coherence

A Federal Disability Retirement packet must be coherent.  This may appear to be “self-evident”, but there have been many disability retirement packets which, upon a denial and a review at the Second, Reconsideration Phase of the process, lack the coherent coordination which results in a credible disability retirement packet.  Coherence results from the simple review of the entirety of the information submitted to the Office of Personnel Management:  The applicant’s personal statement; the medical records and reports; the position description; any additional statements or attachments.

Now, there are certain elements of a Federal Disability Retirement application which cannot be controlled — such as the Supervisor’s Statement (SF 3112B) and the Agency Certification of Reassignment and Accommodation Efforts (SF 3112D).  However, while one may not be able to “control” the coherence of those elements which are the purview of the Agency, there are certain steps which can be taken to preempt such uncontrollable injections from the Agency.

Regardless, it is normally not the SF 3112B or 3112D which makes for the incoherence of a Federal Disability Retirement submission; more often than not, the culprit is the Applicant him/herself.

Sincerely,

Robert R. McGill, Esquire