Category Archives: SF 3112B Supervisor’s Statement for CSRS and FERS

OPM Disability Retirement: Agency’s Power

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I hear it in both the content of the question and the anxiousness in the voice of a potential client seeking representation to obtain Federal Disability Retirement benefits under FERS or CSRS:  Can the agency influence the application negatively?  Can they terminate me upon learning that I am seeking disability retirement?  Can they stop me from using my sick leave?  The power of the Federal Agency can be overwhelming, but there are limits as to what “influence” they can have over a Federal Disability Retirement application.

Ultimately, good or bad, the Office of Personnel Management is the agency which makes the determination on an approval for all disability retirement applications, and as I have written in many articles in the past, the best way to “neutralize” the power of an agency is to prepare the medical aspect of the Federal Disability Retirement application in an excellent manner.  This is done, first and foremost, by garnering the support of the treating doctor, gathering the best medical evidence possible, etc.  Other actions of the agency — of attempting to place you on AWOL, or filing an adverse action during the process, can normally be stopped by an attorney experienced in Federal Disability Retirement laws.  Disability Retirement under FERS or CSRS is not just a matter of filling out forms; it is a matter of securing the future.

Sincerely,

Robert R. McGill, Esquire

Additional Guidance on Disability Retirement Supervisor’s Statement

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Some have asked me whether acceptance of a temporary light duty assignment is of concern in a disability retirement application. If you look at SF 3112B (Supervisor’s Statement), Section E(3), the question is whether the employee has “been reassigned to ‘light duty’ or a temporary position?

If the Supervisor answers “No”, then of course there is no issue which would arise which would impact a disability retirement application; if the Supervisor answers “yes”, then it can actually be used as an argument for a disability retirement application, because it can be argued that the fact that the Agency has reassigned the applicant to a temporary “light duty” position is additional evidence of the acknowledgment by the Agency that the applicant could not perform one or more of the essential elements of one’s job, and therefore in such recognition, the Agency provided for a temporary light duty assignment.

Acceptance of such an assignment is not a bar to disability retirement, precisely because it is not a “reassignment” to a “vacant” position, as required in the case of Bracey v. OPM.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Actions from Federal Government Agencies or the Postal Service

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I often receive telephone calls from Federal and Postal employees worried about what their Supervisor will write in the SF 3112B (Supervisor’s Statement) — the lies, half-truths, and vindictive statements that some Supervisors will, for whatever reason, attempt to have that “last parting shot”. Such acts by supervisors are, for the most part, and fortunately, the exception, and not the rule; but each time it happens, it is despicable to the exponential degree — especially in light of the context of attempting to harm a Federal or Postal employee who has a serious medical disability, and needs the financial security offered by disability retirement.

As a general rule, the best approach to take is to follow the rule of thumb of the wise man: Do not worry about those things over which you have no control; focus upon those things over which you do have control. Remember that this is a medical disability retirment — with the emphasis upon the term “medical”. Having said that, a disability retirement application must first and foremost focus upon obtaining the most excellent medical report. If this is accomplished, then in 99% of the cases, it will nullify and make irrelevant anything which the Supervisor puts down on the Supervisor’s Statement. This is the best and wisest approach to take; do not waste your time, emotional energy, or any further part of your life worrying about a Supervisor who lacks the fundamental compassion to be honest and truthful about an individual who has shown years of loyalty to the Federal Service. He/she is not worth it.

Sincerely,

Robert R. McGill, Esquire

Supervisor’s Statements for FERS & CSRS Disability Retirement

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I am often asked my opinion on the impact a Supervisor’s Statement has upon a disability retirement application. Unfortunately, not all supervisor’s are created equal — and, while in theory, a supervisor should be completely professional in filling out the SF 3112B — meaning that the supervisor should answer the questions in an ‘objective’ manner in filling out the form; should be attuned to the medical conditions of the employee; and should be able to set aside any personal or vindictive animosity towards the employee; the truth of the matter is that the disability retirement applicant has absolutely no control over what the supervisor will say in the Supervisor’s Statement.

Wisdom informs us to never worry about those things which are outside of one’s control; and indeed, this is good advice. I always advise my client’s not to be concerned with the Supervisor’s Statement; remember, this is a medical disability retirement application, not a “Supervisor’s application”, and while the Office of Personnel Management will take into consideration what a Supervisor has written, the way to ensure that it is given little or no weight, is by focusing upon having your treating doctor write an excellent, irrefutable and unequivocal medical narrative.

Federal Disability Retirement is about a medical issue, not a personality issue. If you present valid and strong medical documentation in support of your case, it makes all other documentation a mere irrelevancy.

Sincerely,

Robert R. McGill, Attorney