Federal Employee Medical Retirement: From the Agency to OPM

Perhaps they are trying to be helpful; but, more likely, the Agency through which a Federal Disability Retirement application is routed, before being forwarded to the U.S. Office of Personnel Management, first to Boyers, Pennsylvania, then on to Washington, D.C., is merely acting (or reactively conducting its day to day affairs, as is often the case) in the manner that most Federal agencies and the U.S. Postal Service do — a mixture of thoughtlessness, and without a view to helping the Federal or Postal employee.

Whether the Federal Disability Retirement packet contains all of the documents which were originally submitted to the agency before the agency processed their portion, is a mystery which will often remain unresolved unless it goes to the Third Stage of the process, which is the U.S. Merit Systems Protection Board.

At the appellate stage (the MSPB appeal), upon an appeal by the Federal employee or the Postal employee, the U.S. Office of Personnel Management is required to send to the appellant and his/her attorney, a complete copy of the file concerning all documents related to the disability retirement application.  Until that time, one never knows whether — at the agency, where the Supervisor’s Statement, the SF 3112D, and all the other Standard Forms are to be completed — the Human Resources person at the agency forwarded everything which was submitted by the applicant.

If it is approved at the First Stage, or course, the question becomes an irrelevancy; if it is denied, one can sometimes infer from the body and substantive content of the denial whether certain documents were missing.  But that is the problem of accountability; agencies are rarely accountable; and if it ever comes to light that certain acts of incompetence were clearly engaged in, the scramble to point fingers in different directions always seems to work.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Unfortunately, like a Toothache

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is analogous to having a toothache — a gnawing sense of foreboding during the entire process, especially during the long period of waiting for a decision from the Office of Personnel Management.  Then, like the extracted tooth which cures all ills, an approval from the Office of Personnel Management solves many of the problems, clears up much uncertainty for the future, and allows for a good night’s sleep for the first time in many months.

The difference between filing for Federal Disability Retirement benefits and having a toothache, however, is that while the latter can have a solution fairly immediately, the former will linger for many months, and it is precisely the longevity of the process which is the most disconcerting.

Further, the fact that one’s own Federal agency, or the U.S. Postal Service, and specifically the Human Resources office of many agencies (there are, of course, exceptions to the general rule, though such exceptions are rare and delightful when found — sort of like coming upon a near-extinct species and recognizing the aberration of the moment) will deliberately and with purposive intent attempt to obfuscate and create unnecessary obstacles (isn’t that precisely why such euphemistic designations like, “The Office of Human Capital” is applied?) is itself disturbing, puzzling, and infuriating.  But like the toothache, all that can be done during the long administrative process is to wait for that moment of extraction — or approval, as the case may be.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Clarity in the Minefield of Procedural Opposition

Preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, can be a daunting and intimidating process without the opposition — whether intended or not — from one’s Agency or the U.S. Postal Service.  With such “opposition”, life can be made that much more difficult unless one knows one’s rights and the legal obligations of the Agency.  Human Resources Departments of various agencies often reveal peculiar characteristics.

On the one hand, the original raison d’être (the originating reason or purpose for existing) was presumably to assist the employees of the Agency in any and all personnel matters — from payroll issues, to job classification concerns, to preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management.  However, whether it is because “Management” co-opts the personnel in the Human Resources Department; or whether the employees in an Agency Human Resources Department merely take it upon themselves to become contrary and resistant to the needs and concerns of the very employees for whom the H.R. Department’s originating reason for creation are there for; regardless, it has become a commonplace paradigm that there exists an oppositional attitude towards the Federal or Postal employee filing for Federal Disability Retirement benefits under FERS or CSRS.

Recognizing this “fact” is important before proceeding down the administrative morass of filing for Federal Disability Retirement benefits under FERS or CSRS.  Once recognized, it is important to be prepared to understand how one will, and must, maneuver through the administrative procedures in order to reach the ultimate goal — a favorable decision from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Agency Human Resources

Ultimately, of course, as has been stated mundanely by many sources, the most valuable “human resources” which any company, Federal, state or local agency possesses, are the employees which perform the essential elements of all of the myriad of jobs and duties required in order to accomplish the mission of the entity.

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, if the Federal or Postal employee has not been separated from Federal service for more than thirty one (31) days, the entire Federal disability Retirement packet must be submitted through the agency Human Resources office, whether at the local level or the district level, for further processing before being forwarded to the Office of Personnel Management.

Even if the Federal or Postal worker has been separated from Federal service for over thirty one (31) days, the agency H.R. Office still must prepare and complete certain forms for submission to the Office of Personnel Management (e.g., the Supervisor’s Statement — SF 3112B — as well as the Agency Certification of Reassignment and Accommodation Efforts — SF 3112D; Certified Summary of Federal Service, etc.).

Whether, and to what extent, the Human Resources Office is helpful in assisting the Federal or Postal employee in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is always up in the air. The feedback received over many years is one of uncooperative neutrality, at best, and open hostility at worst.

Exceptions to such an observation have certainly been encountered, with a satisfying sense of appreciation that, indeed, some individuals recognize that when the time comes that a Federal or Postal employee must by necessity file for Federal Disability retirement benefits under FERS or CSRS, that is NOT the time to abandon the dictum that employees still “count” even though the worth of their work may have been somewhat (and temporarily) diminished.

A constancy of treating the Federal or Postal employee, at any stage of one’s career, is the key to fostering the loyalty of the workforce. Just a thought.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Agency’s Personnel Department

It is always important for each individual, worker, and organizational entity to understand the “role” of one’s position, and that is often the problem with an Agency’s Personnel Department — the “Human Resources” Department of an Agency.  

The irony of being called “Human Resources” is probably not lost to most people, but it is the classic irony of being designated as X and acting in an anti-X manner.  The role of Human Resources Personnel, one would implicitly (and explicitly) expect, is one of assistance of a Federal or Postal worker in the filing, submission and attempt to initiate administrative personnel actions, including Federal Disability Retirement benefits under either FERS or CSRS.  

Yet, too many Federal and Postal employees have a sense (and often a justified one) that in attempting to obtain the assistance of the Agency’s Personnel/Human Resources Department in the processing of a Federal Disability Retirement application, that the H.R. Department is more of a hindrance than a help.  Now, such broad generalizations are often unfair to particular Human Resources personnel who are in fact very, very helpful to the entire process — but, then, all such generalizations tend to create an unfair net and capture those who run counter to the very generalizations espoused.  That is the very definition of a generalization.  

The role of an H.R. person is (or should be) one of neutral assistance.  Yet, because “management” and those who will remain with the agency long after a person has gone out on Federal Disability Retirement will be the ones with continuing power and influence within the agency, it is often to those “others” that the Personnel Department favors and shows a continuing bias for.  This is what is called “human nature”.  When human nature and human resources collide, it is often the former which wins out, to the detriment of the latter. That is why having an attorney — an advocate for one’s position — is often an important tool to utilize.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Human Resources Personnel

The problem with relying upon one’s Human Resources department to help in preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management (if in fact they are even willing to help, other than to provide the necessary forms — if that) is not based upon their lack of knowledge (some are fairly knowledgeable); rather, they work within the same mindset as the rest of government, and therefore unable to think outside of the paradigm of government regulations, rules, and statutory mandates.  

Furthermore, Human Resources personnel are not lawyers; as such, the moment there is a problem with an application — whether in its substantive presentation, or in the legal criteria which apply to the eligibility of any one Federal or Postal employee — they have a tendency to side with the Office of Personnel Management.  

That is not to say that there are not excellent H.R. Personnel — there are.  But H.R. Personnel are trained to assist in the procedural stream of making sure that the paperwork is all “in order”.  They do not comment upon — and nor should they — the feasibility or substantive credibility of a Federal Disability Retirement application under either FERS or CSRS.  

Furthermore, the number of years a person has been a “Human Resources Specialist” is not indicative of the competency of that person in providing any guidance; those who have been in Human Resources often box themselves into a paradigm of repetitive labor, and perform a task “because this is the way it’s always been done”.  That is never a reason to do something, let alone a good reason.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Agencies & SF 3112C

Agencies have an amazing ability to be inquisitive, especially into those areas which really do not concern them.  Often, Agencies will insist that, despite all of the relevant, pertinent, and desired medical documentation already having been attached to a Federal Disability Retirement application under FERS or CSRS, the applicant/Federal employee “must” sign the Standard Form 3112C (“Physician’s Statement) , which becomes superfluous and irrelevant.  They insist that the Office of Personnel Management (OPM) “requires” the form, which is an erroneous statement.  OPM has never required a signed SF 3112C so long as the Federal Disability Retirement application is accompanied by sufficient medical documentation to support the application.  Sometimes, the insistence by the Agency is merely based upon ignorance; other times, it is based upon an administrative and bureaucratic inflexibility to longstanding “procedures” which the Human Resources personnel cannot adapt to, or change, because “this is the way we’ve been doing it for X number of years”.  Still, there is a suspicion that in some instances, the “requirement” of SF 3112C is because of a more nefarious reason:  The Agency wants full access to all medical records, notes, treatment notes, etc.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Agency Overstepping

The Office of Personnel Management is the Federal Agency which reviews, evaluates and determines the eligibility of an applicant for Federal Disability Retirement benefits under FERS or CSRS.  The Applicant’s Agency — in whatever sector, department or facility — is supposed to help process the Federal Disability Retirement application, by filling out its required parts and answering certain fundamental questions.  For example, the Agency must determine whether or not it can “accommodate” an individual’s medical conditions, or reassign him or her to another position at the same pay or grade, and one which the applicant is qualified for.  Further, the Supervisor must complete a “Supervisor’s Statement” (SF 3112B) which provides certain information concerning the conduct, performance and attendance of the applicant, as well as any adverse impact which the applicant’s medical conditions may have had upon the Agency’s ability to complete its work and mission.  Where the Agency oversteps its authority, is when it deems itself to be the pre-judging entity in the place of the Office of Personnel Management.  The Agency neither has the authority nor the knowledge to be making a “recommendation” or a judgment on the viability of a Federal Disability Retirement application.  In the instances where it attempts to do so, it is overstepping its authority.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Agencies

Agencies often engage in acts which clearly impede a Federal Disability Retirement.  Think about it.  If a Human Resources Department is set up to provide services for the assistance and processing of people who are requesting a service or benefit which is offered and is a part of being a Federal or Postal employee, one would think that such a department would do everything inside (and even outside) of the purview of the mandate of such a creation, in order to further the needs of the Federal or Postal employee.  That is why the Federal sector is often criticized.  In the private sector, such departments are funded to make sure that the mission is fully accomplished.  Yet, too often, when a Federal Disability Retirement application is submitted to the Agency Human Resources Department, that department will take its time; will “inform” the applicant that the packet is “incomplete”, and let the packet sit in a pile of other Federal Disability Retirement packets.  Now, in all fairness, this is not always the case.  But what is always interesting, is that when an Agency’s H.R. Department goes out of its way to be helpful, it is an event to be celebrated.  In fact, it should be the other way around; helpful H.R. offices should be the norm; when an H.R. Department is unhelpful, it should be of great surprise to all.  Be that we lived in such a universe.  No wonder people spend hours on computer games of virtual reality.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: On the Other Hand

On the other hand, there is no such thing as a “lost cause” case.  To assert such a conclusion would be to presumptively admit defeat.  In Federal Disability Retirement cases, there is always a good chance of prevailing, whether or not a mistake was made; whether or not a doctor annotated, on a particular day in a moment of hope, that the patient showed “hopeful improvement”.  Yes, it is the job of the Office of Personnel Management to cling onto such peripheral statements, and to magnify such statements such that they appear to encompass the essence of the medical condition.

It is always with some amusement that I hear an agency Human Resources person state something to the effect of:  “Well, you know, Mr. McGill, this is not an adversarial process.  We and the Office of Personnel Management are merely here to determine the eligibility of the Federal worker, and to make sure that he or she fits the criteria.”

Not an adversarial process?  Is the Office of Personnel Management “there” to help you?  Is that why, in their template denial letters, they latch onto the most peripheral of issues and emphasize those points which allegedly present a problem, and ignore the rest of the medical evidence?  Any Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS would be wise to see the entire Federal Disability Retirement process as one of an “adversarial process”.  If you don’t, you proceed at your own peril.  On the other hand…

Sincerely,

Robert R. McGill, Esquire