OPM Disability Retirement: Disability Retirement & Standard Forms

Standard Forms are intended to restrain, contain and standardize; it is meant to make you believe that if you violate the “fence” around the physical form itself, or fail to answer specifically the questions “as asked”, that there will be a penalty to pay — i.e., in the case of a Federal Disability Retirement application before the U.S. Office of Personnel Management, a denial of one’s Federal Disability Retirement application.  

For the Federal or Postal Worker who is intending on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of what to say, how much to say, and in what tone or tenor (does one presume that OPM is an “adversary”, and therefore should any submission be crafted in such a manner?  Or, should the tone be more “neutral”?  Hint:  Whatever the proper balance of tone to embrace, OPM is not one’s close relative, and should not be approached as such); and, ultimately, whether and to what extent “continuation pages” should be attached to the forms themselves.  

For FERS employees, or course, one must complete SF 3107, along with Schedules A, B & C, as well as have the Certified Summary of Federal Service completed, and if applicable, SF 3107-2, the Spousal Waiver.  For CSRS, one must complete SF 2801, and again, the Schedules A, B & C and the Certified Summary of Federal Service.  For both FERS and CSRS employees, the second set of forms — SF 3112A, SF 3112B, SF 3112C, SF 3112D & SF 3112E — must also be completed.  

For the Federal or Postal employee, it is the SF 3112A which is the most daunting, the most important, and the one which must be thoughtfully completed.  It is the first form which OPM will search for, review, analyze, compare, attack, and scrutinize, in making a decision upon one’s Federal Disability Retirement application.  It is indeed a form which is “standard” in every sense of the word — in appearance; in requirement; in formatted appearance; and in the end, the level of effort and input one makes of it.  

What should one’s own “standard” be in preparing, formulating and filing the Standard Form 3112A?  Care, caution and a concern for coordinated completion.  Yes, and by the way, the undersigned writer enjoys engaging in alliteration, assonance and consonance.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Different Approaches

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are different approaches which one can take within the limited universe of available time which each Federal and Postal Worker possesses.

One approach is to fight every wording and each action which the agency undertakes or engages in.  A different approach is to ensure that the core and central foundation of one’s case is effective and — whether explicitly or implicitly — answers any of the collateral issues which may be brought up by the agency.

Thus, for example, if a medical narrative report effectively addresses all of the essential questions concerning a Federal Disability Retirement application, then whatever the agency attempts to argue or infer in an argument, concerning accommodations, light duty, or even adverse actions which have previously been imposed, will all become essentially irrelevant and immaterial, precisely because this is fundamentally a medical issue, and not an issue concerning who did what or tried what.

Much of what is within the purview and control of the Federal or Postal employee putting together a Federal Disability Retirement application is lost when the focus is unduly placed upon trying to correct, attack, or explain what the agency is doing.

By creating an excellent firewall of that which is within one’s own control,  the Federal Disability Retirement application that is prepared, formulated and filed by the Federal or Postal employee effectively answers anything and everything which the Agency may attempt to insert with a subversive motive.

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

Early Retirement for Disabled Federal Workers: Formulating an Effective Statement

Writing can be a chore; writing to convey an abstract idea clearly and concisely can be draining; but, further, if writing is about one’s self, and the self-referential “I” is the central theme of the written formulation, it can be a draining chore.  In formulating the Applicant’s Statement of Disability (Standard Form 3112A) in preparing a Federal Disability Retirement application under FERS or CSRS, it is important to convey the multiple elements of “proof” which must be presented before the Office of Personnel Management.  

To this end, it is helpful to understand the eligibility elements under the law, including those elements which have been discussed in various Merit Systems Protection Board cases where Federal and Postal employees have been denied their initial and Reconsideration attempts at obtaining Federal Disability Retirement benefits. The heart of such cases always discuss, analyze, and evaluate the why, when and what of a Federal Disability Retirement case, and that is where the “meat” of the essential elements are contained.  Lawyers who practice in the area of law generically entitled, “Federal Disability Retirement Law” should and must study the “new” cases which are handed down, and this is why an attorney who practices in this area of law can be helpful — both in formulating the Applicant’s Statement, as well as in meeting all of the eligibility requirements under the law.

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

Federal and Postal Disability Retirement: If all Roads Lead to …

If all roads lead to Point A, then it is obviously Point A which is of importance; the multiple roads which lead to it, while supportive and secondarily of importance, it is that critical point which must be taken care of.  This principle is important to keep in mind in preparing a Federal Disability Retirement application under FERS or CSRS.  What is the critical “Point A” of the process?  What is that essential centrality around which everything else coalesces and points back to?  That which is determined to be the foundational center of any process is that which must be thoughtfully formulated and constructed. 

In a Federal Disability Retirement case, for Federal and Postal workers under FERS & CSRS, that critical “Point A” is the Standard Form 3112A — the Applicant’s Statement of Disability.  Think about it for a moment.  That is the form — and the opportunity — to discuss the medical conditions; how the medical conditions impact one’s inability to perform one or more of the essential elements of one’s job; whether or not your medical condition can be accommodated, etc.  What is the relevance of a medical report?  Its relevance surfaces only when it is explained in relation to one’s job.  What is the relevance of a job description?  Its relevance emerges only in relation to the explained medical condition.  What is the relevance of how a medical condition impacts one’s life outside of work?  Its relevance becomes apparent only in relation to its pervasiveness and described impact.  All of these issues become relevant because they point back to Point A — the Applicant’s Statement of Disability.

Sincerely,

Robert R. McGill, Esquire