Federal Disability Benefits: Agency Input

Whether, and to what extent, Federal agencies will support a Federal Medical Retirement, goes to the ultimate issues of sufficiency, necessity and relevancy.  Sufficiency is satisfied by the minimal act of completing the two primary standard forms which the agency is responsible for:  SF 3112B (the Supervisor’s Statement) and SF 3112D (Agency Certification of Reassignment and Accommodation Efforts).

Necessity is further accomplished by processing the Federal employee’s Federal Disability Retirement application if the Federal employee or the U.S. Postal employee is still on the rolls of the agency or the U.S. Postal Service, or even if he or she has been separated, the separation has not been for more than thirty one (31) days.  If the Federal employee (now former) or U.S. Postal worker (also now former) has been separated for more than thirty one (31) days, then the Federal Disability Retirement application must be submitted directly to the U.S. Office of Personnel Management, whether the individual is under FERS or CSRS. In either case, the current Federal agency’s Human Resource’s Office would still have to complete SF 3112D, and the former or current Supervisor must complete the Supervisor’s Statement (SF 3112B). Lack of cooperation on the part of an agency or the U.S. Postal Service, once the Federal employee or U.S. Postal worker is separated from Federal Service, is often a problem — but, then, lack of cooperation can be a problem in any event, even if one is still with the agency.

Finally, the question of relevancy is always a problem to be encountered and confounded.  Is what the agency states on SF 3112B and/or SF 3112D helpful, significant or even relevant?  It all depends.  Some statements can be less-than, while others can remain neutral or somewhat helpful.  Relying upon one’s agency, whether current or former, to help in a Federal Disability Retirement application, beyond doing that which is sufficient or even necessary, is to run on a fool’s errand.

But then, when a Federal employee or a U.S. Postal worker finds it necessary to file for Federal Disability Retirement benefits, whether one is under FERS or CSRS, through one’s agency and then ultimately to the U.S. Office of Personnel Management, is to sufficiently reflect a choice of wisdom, and thereby the wise person has already shown a necessary discernment between the importance of priorities in life, as opposed to the irrelevant glitter of fool’s gold.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: The Agency, FMLA and LWOP

Because filing for Federal Disability Retirement is a process which may take 6 – 8 months, and sometimes longer, there is always the question of what the Agency will do during this time.  Of course, a Federal or Postal employee will often continue to work for as long as possible, and for as many days during each enduring week as possible, in order to survive economically during the process of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  The medical condition itself, however, will often dictate the feasibility of attempting to continue to work. 

During this period, a Federal or Postal employee may have limited options — especially when Sick Leave and Annual Leave have been exhausted.  Protection by filing under the Family and Medical Leave Act (FMLA) will accord temporary protection and a buffer against a demanding agency.  A further request to be placed on LWOP beyond the 12 weeks which FMLA will allow for, will often be granted at the discretion of the Agency. 

If an agency places one in AWOL status, such an action by the Agency should be countered with documentation from one’s doctor which justifies the continued absence of the Federal or Postal employee.  Unfortunately, there is often no clear answer to the question, “What if my agency fails to cooperate while I am filing for Federal Disability Retirement?”  There are only responsive steps to take in order to protect the ultimate goal — that of obtaining an approval from the Office of Personnel Management.  

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Return from Thanksgiving

Thanksgiving was a time of quiet reflection; of family, friends and faith; of taking a slice of quietude and having conversations, about the past, present; and somewhat about the future.  I realize that those who need legal assistance in filing for Federal Disability Retirement benefits under FERS or CSRS have important and weighty issues on their minds — of medical conditions which will not go away; of financial obligations; of Supervisors who are unsympathetic; of Agencies which will not or cannot accommodate; of impending personal improvement plans; of upcoming projects or workloads which may not be completed; of uncooperative agencies and downright mean coworkers; and the stresses of thinking about filing for federal disability retirement benefits under FERS or CSRS, and the future and what it holds.  With Christmas and the “holidays” around the corner, it is often a time of greater stressors.  Remember that one avenue of relieving stress is to become informed.  Read up on what is out there, and ask questions.  The answers provided may be able to set aside some of the stressors.

Sincerely,

Robert R. McGill, Esquire