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

 

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

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