FERS & CSRS Disability Retirement for Federal and USPS Workers: Beginning Points

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the familiar refrain from Federal and Postal Employees, whether under FERS or CSRS, in attempting to tackle the multifaceted complexities of a Federal Disability Retirement application, is the crucial starting point of the process:  Where do I begin?

The beginning point of any process is important precisely because it determines the tone, tenor, and ultimate outcome of the Federal Disability Retirement application.  A review of a Federal Disability Retirement application, when it has been denied by the U.S. Office of Personnel Management, can often be backtracked to a beginning point in discovering an originating source of error.  On the other hand, sometimes (and more often than one would think) the so-called “error” is simply in having the bad luck of having one’s case assigned to certain OPM case workers who are less than thorough in his or her review and analysis.

In any case, it is important in putting together a Federal Disability Retirement application that one recognizes, at the very outset, those issues which are within the purview and control of one’s universe, and those portions of the Federal Disability Retirement application which are not.  Focus first and foremost upon those areas where one has either total control, or some guiding influence, and work for excellence within those parameters.

The rest is left up to fate — or, at the very least, to a good lawyer and sound legal argumentation.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Forms

In preparing, formulating & filing a Federal Disability Retirement application under FERS or CSRS, one must fill out the various “forms“:  SF 3107 with schedules A, B & C under FERS (for CSRS, SF 2801 with schedules A, B & C); as well as SF 3112 A – D.  These forms are necessary in filing a Federal Disability Retirement application (as well as some which are not listed here). Along with these Standard Forms (thus, the “SF”), one must attach supporting documentation to be eligible for Federal Disability Retirement benefits.  However, all applicants must be fully aware that the Standard Forms neither explain, nor necessarily “follow”, the expansive laws which govern Federal Disability Retirement.  

Forms are created and published by bureaucrats who are neither aware of, nor are informed about, statutes, regulations or cases which define, refine or otherwise expand upon the complex laws which govern Federal Disability Retirement law.  As such, they are the “bare bones”, skeletal requirements.  In filling out such forms, therefore, one does so without any guidance or knowledge by the mere reading of the “instructions” on the forms.  As such, one should “beware” in trying to complete any of the Standard Forms when preparing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Filing

If you believe that preparing, filing, and winning a Federal Disability Retirement case under FERS or CSRS is merely a matter of filling out forms, then don’t hire an attorney. Do it yourself.

On the other hand, if you believe that preparing a Federal Disability Retirement application involves:  gathering, reviewing, and compiling the proper and compelling medical evidence; of drafting and clearlly delineating & describing one’s medical conditions and their impact upon one’s job; of citing the proper legal authorities to provide the legal backing and forceful persuasion necessary; of being counseled in negotiating removal actions; of rebutting spurious arguments made by the Office of Personnel Management; of preparing the groundwork for subsequent appeals; of ultimately winning a case, as opposed to trying to squeak by with a hope and a prayer, then you might consider hiring an attorney.

Sincerely,

Robert R. McGill, Esquire