CSRS & FERS Medical Disability Retirement: The Friendly Supervisor

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Supervisor — and therefore the Agency itself — will be informed of one’s application for Federal Disability Retirement, because of the requirement of the SF 3112B.

Standard Form 3112B is the “Supervisor’s Statement”; it is a form which needs to be completed by a Supervisor of the Federal or Postal employee who is applying for Federal Disability Retirement benefits.  Because the form must be completed by a Supervisor of the applicant, it is therefore presumed that “others” at the agency will come to know that the Federal or Postal employee has filed for Federal Disability Retirement benefits.

Often, the question is asked as to “when” the Supervisor should be informed of the employee’s application.  It can be a touchy issue.  Because the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits often feels a certain sense of loyalty, especially if the Supervisor has been “good” to him or her, the instinctive sense is to inform the Supervisor sooner, rather than later.  But remember that loyalty in the Federal government is almost always a unilateral approach; it runs one way — from the individual to the agency; rarely is it bilateral, where it runs both ways.

Further, once a Federal or Postal employee contemplates filing for Federal Disability Retirement, the loyalty of the Supervisor is normally seen as connected to, and only to, the agency; and the very fact that an employee has mentioned the term “Federal Disability Retirement” is often the turning point of any connective loyalty.

Loyalty is what one is doing now and for the future, not what one has done in the past.  Such words may invoke a sad truth, but one which should be heeded.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Limitation of Agency Actions

Often, in the process of filing for Federal Disability Retirement benefits under FERS or CSRS, the client will ask the question, “Well, doesn’t that prove that I can’t do the job?”  Such a question invariably points to some action by the Agency — a letter or a memorandum; a statement which the Supervisor made, etc.  While it may be true that the Agency believes that a Federal or Postal employee is unable to perform, or is not performing, all of the essential elements of the job, remember that actions of the Agency can never replace the affirmative burden of proof that one is unable, medically, to perform the essential elements of one’s job.  

One must keep in mind that the Office of Personnel Management is a separate Agency which is not necessarily in communication with the Agency which employs the Federal or Postal employee.  The “mindset” of the Agency is not being considered by the Office of Personnel Management.  Whatever the motivations of the Agency in doing what it is or will do, is to a great extent irrelevant to OPM.  What the Agency is doing may well indicate “proof” as to other issues — i.e., inability to accommodate; acknowledgment that certain essential elements of one’s job is not being performed, etc. — but it does not prove that an individual is unable, as a result of a medical condition, to perform all of the essential elements of the job.  Only a doctor can do that.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: SF 3112B

It is amazing how a Supervisor’s Statement is completed.  Normally, it is completed without much thought; sometimes, it is completed with too much thought (and self-protective, CYA language concerning how much effort the agency attempted in “accommodating” the employee, when in fact little or no effort was made); more often than not, there is a last, parting shot at the employee — some unnecessary “dig” which often contradicts other portions of the statement; and, finally, every now and then, the Supervisor’s Statement is completed in the proper manner, with forethought and truthfulness. 

Fortunately, the Office of Personnel Management rarely puts much weight on a Supervisor’s Statement in making a determination on a Federal Disability Retirement application under FERS or CSRS — unless there is some glaring statement of a deliberate attempt to undermine the Application.  This is rare, because it is a medical disability retirement, not a Supervisor’s disability retirement — meaning, that it is the medical opinion, not the opinion of a Supervisor, which is (and should be) most important.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Agency Support

Sometimes, the question comes up as to whether or not it is important to have the blessing or support of the Agency or the USPS, when filing for Federal Disability Retirement benefits under FERS or CSRS. My answer to such a question is fairly uniform and redundant:  this is a medical disability retirement; it is unwise to proceed to apply for Federal Disability Retirement benefits on the assumption that your Supervisor or Agency will be supportive, for there is no guarantee as to what “supportive” means (they may have a completely different understanding or definition of the concept than you do — something which you probably learned over many years of working in the Federal Sector), and further, the primary focus from the perspective of the Office of Personnel Management, is upon the medical evidence presented and how the medical condition impacts one or more of the essential elements of your job.  The Supervisor’s Statement should be minimized in importance and relevance, as much as possible, by ensuring that the rest of the disability retirement application is “excellent”.  By doing this, you neutralize any undue dependence upon an Agency’s alleged “support” of your application.

Sincerely,

Robert R. McGill, Esquire