CSRS & FERS Medical Disability Retirement: A Hypothetical

The case-law opinions from the U.S. Merit Systems Protection Board, as well as from the U.S. Court of Appeals for the Federal Circuit, upholds the statement added onto Question 4 of Standard Form 3112A, the form which specifically requests the Applicant’s statement of disability, which asserts:  “We consider only the disease and/or injuries you discuss in this application”.

Failure to identify a particular medical condition can have an adverse impact upon one’s application for Federal Disability Retirement benefits.

Take the following hypothetical: a Federal or Postal employee is terminated from Federal Service; he or she files for Federal Disability Retirement benefits within one (1) year of being separated from service.  While the Statute of Limitations has already been met because the filing has occurred within the 1-year timeframe, during the process of awaiting a decision from the U.S. Office of Personnel Management, the treating doctor has diagnosed with greater specificity the primary and underlying cause of the medical condition.

In his or her haste to file, the (now former) Federal employee quickly noted the diagnosed medical conditions in response to question 4, but nowhere is there an indication of the newly-diagnosed medical condition.  During the wait, it is now more than 1 year from the time of separation.  The quandary:  The Federal Disability Retirement application cannot be withdrawn, because the 1-year Statute of Limitations has already passed, and so he or she is no longer able to re-file.  No additional medical conditions can be added onto the SF 3112A.

Is there a problem? The answer:  Under this hypothetical, potentially yes.

Even if OPM approves the case, there may be future difficulties if OPM approves the Disability Retirement application based upon a medical condition listed, but resolved.  Care in identifying and properly annotating the medical conditions must be taken in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Value of Preemption

“What if” questions are rarely useful in applying the law, except in a preparatory manner for cross-examination purposes.  No one likes surprises, and to prepare for every potentiality, eventuality, and “what if” scenario is a good idea — but only in a theoretical sense.  

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the “what if” questions will inevitably arise — What if my Supervisor writes X?  What if OPM asks Y?  What if… ?  The problem with “what if” questions is not in the asking of such questions (for asking them requires contemplation of a potential problem, which may propel preparation to an eventuality); rather, the problem occurs if one attempts to preempt a problem which may potentially exits but never realize its actuality.  

If one preempts a non-occurrence, then what one has done is to wave a red flag and notify the Office of Personnel Management of the problem by bringing up the problem in the first place.  That is often the very essence of the difficulties one finds in the preparation of the Applicant’s Statement of Disability, where the applicant fills out the SF 3112A as if it is a stream of consciousness opportunity to present to the Office of Personnel Management every problem known to man.

Preemption is fine for preparation; it needs to be answered and applied with great discretion.

Sincerely,

Robert R. McGill, Esquire