Beginning the Federal Disability Retirement Process

The Chinese proverb, “The journey of a thousand miles begins with a single step”, is meant to remind us that looking at a process in its entirety can result in self-defeat even before starting, and every daunting journey must begin with the small, almost insignificant, effort of initiation.

Facing a bureaucracy and an administrative process can feel like that metaphorical journey of a thousand miles.  The multiple and complex standard forms to complete; the legal criteria to meet; the need to gather, compile and consolidate the medical documentation into a linear, coherent whole; and all of this, in the face of voluntarily reducing one’s income by applying for an annuity and having to deal with the debilitating medical condition from which one suffers.

But the successful way to approach the entire administrative process known as Federal Disability Retirement, is to bifurcate it into workable portions. The SF 3107 series (reissued in May, 2014, where previous editions are now outdated) is merely informational in nature.  It is is the SF 3112 series of forms which one must take care in preparing and formulating, and especially SF 3112A, which requests for detailed information concerning one’s medical conditions, the impact of the medical conditions upon one’s ability to perform the essential elements of one’s job; and other pertinent information needed to convey compliance with a legal criteria established through many years via legal opinions issued by the U.S. Merit Systems Protection Board, as well as by the U.S. Court of Appeals for the Federal Circuit.

Yes, it is a difficult process, and one which can be eased by legal advice and expertise. But as with all journeys, to look upon the landscape and obstacles as mere hindrances to overcome, will serve one better, than to stand at the foothills and refuse to begin the journey at all.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Tying Together the Loose Strands

When a medical condition impacts a Federal or Postal employee, whether under FERS or CSRS, and prevents him or her from performing one or more of the essential elements of one’s job, the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management begins.  

One may conceptually distinguish between a “formal” beginning of the process, as opposed to an informal or “real-time” beginning; but in any event, from a retrospective vantage point, it is clear that the “beginning” occurred at that point when the coalescence of medical-to-job impact manifested itself and it became obvious that the Federal or Postal employee could no longer continue in the same fashion as before.  

During this initial part of the process, when the Federal or Postal employee is simply struggling to survive — by going to medical appointments; attempting to continue to work; trying to ignore the reality of the medical condition by striving to perform all of the essential elements of one’s job as before; attempting to maintain the same balance of work-to-personal life, etc. — there is rarely a coordination of efforts, and the disparate strands of life’s compartments never come together in any comprehensible manner.  

But at the “formal” point of preparing and formulating a Federal Disability Retirement application, it is important to engage in the “tying” together of the disparate strands of life — if only to package a cogent and coherent presentation of one’s Federal Disability Retirement application to the U.S. Office of Personnel Management.  

Life may be a series of messes; a successful Federal Disability Retirement application, however, should be a serious compilation of proof, evidence, argumentation and logical structure.

Sincerely,

Robert R. McGill, Esquire