Last Updated on January 7, 2013 by Federal Disability Lawyer
Instead of signing the SF 3112C (Physician’s Statement), in representing my clients to obtain disability retirement, I write a 4 – 5 page letter directly to the client’s treating physicians to obtain a current medical report. Generally speaking, I advise my clients not to sign the SF 3112C, because it is essentially a general release of medical information which releases any and all medical records to the Agency’s Human Resources designee.
There is no reason to release all of your medical information — especially such information which is private, which is irrelevant to the medical disabilities which are specifically described and identified as the basis of your disability retirement application in your applicant’s statement of disability, and which do not impact your ability or inability to perform you job. Indeed, while the Agency will often insist upon the signature of the 3112C as being “required”, this is simply not true: Look at SF 3112E(8)(d) (Disability Retirement Application Checklist), which states: “SF 3112C, Physician’s Statement (or equivalent).” This shows that signature of the SF 3112C is not required — if you go out and obtain the medical records and reports yourself, and file the supporting medical documentation, then such documentation constitutes its “equivalent”.
It is my job, in representing a client to obtain disability retirement benefits, to prove by a preponderance of the evidence that my client is entitled to disability retirement benefits. It is not my job to release and and all private medical documentation to the Office of Personnel Management — only such documentation as will prove my case. As such, it is important to know what is required, and what is not.
Sincerely, Robert R. McGill, Attorney specializing in disability retirement cases for Federal and Postal employees
I am about to retire from U.S. Customs and Border Protection.
I am a U.S.Customs and Border Protection Officer. I have a noise-induced hearing loss. I am filling out the SF 3112. I have records (medical reports) to prove that I have hearing loss given by the U.S. Government Medical Department. What else do I need? Do I need representation from you?
Good morningSir,My name is Eugene Trotta, I started my employed by the district of Columbia fire department as a fire medic in 1976,they subsequently sent me to an updated class for field paramedics,which I completed in 1977. With approximate two years on the job,I had my initial back injury that required surgical intervention. Thereafter has placed a light duty for 180 days and return to my unit and 79. Prior to May becoming employed by the fire department I have completed my The physician assistant program training which I essentially put on hold due to limited job opportunities at that time. And 1979 I was offered a job in Chicago Illinois as a PA surgical resident, I stayed in Chicago for approximately two years, And return to the fire department in & about 1981 with the approval of Teddy coleman when the district of Columbia Fire Chief. After a refresher course I was placed back in the company on a paramedic unit. In on march 21 1984 we were dispatched to a very small apartment that was very difficult to maneuver within,the patient was moderate distress & she was obese and it took a considerable amount of moving the pt, Unnatural directions to removal the patient from the apartment, we encountered a very narrow yet very steep stairwell that required a special caring device, to get her medic unit there was a number of times, that We all slipped and twisted subsequently re-injuring my back. I immediately experience sharp pains in my left leg. and subsequent a weakness and the following morning after getter off duty, I went to see Dr. Michael Dennis my previous Neuro surgeon that operated on my back previously, he ordered an MRI and found that I had herniated a disc again that was exerting pressure on sciatic nerve root, we scheduled surgery soon there after,initialrecovery I was placed on light duty, and subsequently placed on temporary duty at the police and fire clinic. of the fire department. There was never a complete resolution of the discomfort in my back my leg and I remained on light duty, this was after my second surgery in the same region of L5 S one, The department again placed me on light duty until January 1990. At that time I was called to a special hearing,and my case was addressed by simply by verifying if I am I able to return to my co that was initial job as a firemedic assignment Per the neurosurgeons recommendation I would be unable to continue at the company level requiring heavy lifting pulling bending or pushing that subsequently would put me at significant risk increasing the departments liability. The board decision was I could resign, or on disability retirement@ 662/3 which I chose. and that was 66 2/3 of my annual income text free after my Ret .I received my disability retirement for 12 months approx and then per the routine of Opm I needed to submit a copy of my W-2 and the understanding was that if I made more than 80% of my retirement disability retirement it would be placed on hold until the age of 62,or at any time I fell below the 80% mark at which time I could reapply for my disability retirement. My job as a physician assistant requires no bending pushing lifting and it sedentary only, at best,but I continue to have bouts of discomfort and persistent weakness, which are tolerated with employing physician to treating conservatively with muscle relaxers pain patches and pain medication. Even with those in place I developed a drop foot syndrome, and some muscular atrophy, of my left lower extremity he. I tolerate the discomfort with the aid of medication until the age of 67 , Even though I was under the understanding that I could reapply for disability retirement at the age of 62 I waited because I was still somewhat productive of course with the limited income prior to the injury from fire department it was easy to reach the 80% mark and my disability retirement remained on hold and I contacted them they simply said when you reach the age of 62 it does not matter how much you make you can reapply for your disability retirement at 66 2/3 .at the age of 67 I contacted the office of personnel management and requested reinitiation of my 66 to 2/3 of my disability retirement so I could cut back on my wk as physician assistant my light duties which gradually became more difficult but the discomfort it took the best part of five weeks or more with the Necessity of making multiple phone calls-to finally get through to the right person.so so that I could re-initiate my disability retirement which as noted above progressively was getting worse I’ve made multiple visits to another surgeon and they simply stated that this is generally an issue after multiple surgeries, and there’s not a lot that can be done. because it’s a secondary scarring and arthritis in the surgical area. I spoke to this gentleman they finally took some interest, that was very limited that they found my file on microfiche somewhere in Pennsylvania. And here’s the difficulty, It showed I had limited time on the job, if I’m not mistaken six or seven years and I was no longer entitled to any disability retirement since I reached 80% mark the OPM considers that I have fully recovered now, and I was no longer entitled to a tax-free income even though the injury was well documented that is occurring at work my current job without a need to say doesn’t require any of lifting pulling pushing that I was required to do while employed as a paramedic. He simply said that returned he simply said you return to the 80% mark at OPM clearly that fives that as a full recovery!!!! even though I have progressive and generalized weakness of my left lower over extremity as well as back pain. I consider myself well educated as a physician assistant, and I explained to this gentleman even though he could care less, set up,I brought up analogy if a FF burned my legs to the point where he could no longer use them ,due to the injuries &incident but able to use his upper body, just as I do physician assistant I was still be able to move around successfully and reach the 80% mark that the federal government dictates to be a full recovery which absolutely makes no sense at all since because of my employee meant at the fight apartment I no longer has use of my legs and just because I was able to use my upper body and practice as a physician assistant I would be no longer entitled to the 80% mark of my limited disability retirement he claims that those are the regulations and it’s nothing like redone. Of course I still have use of my legs are need assistance in standing with prolonged walking my left leg subsequently gives away and the muscle cramps or incapacitating, to control the discomfort I need to take medication and relax until the spasm to resolve I also have issues with maintaining erections because the same nerves that are involved at L5 S one or the nerve that supplies the pelvis. I am not asking for something that I did not deserve and for the first year after my retirement there was no issue in receiving the 66 2/3. So with that OPM claims now that I’m no longer disabled which is the furthest thing from the truth I’m no longer entitled to disability retirement even though I have lingering and progressive issues with my lower extremities falling , giving way, The stress anxiety and depression continue to mount requiring medication due to the significant difficulty, I continue to encounter and trying to explain that I have never fully recovered know will I ever. The neurosurgeons which I’ve seen two or three or agree that the prognosis of the progression of this is more likely than not answering on medical fact That once you’re back is operate on in which I have Metal plates to stabilize the area the injury to the area will never be completely resolved under any circumstance is yet OPM claims that I’m fully recovered. so currently out of the goodness of Opm hearts, I received $200 a month for all the years of service, sacrifices, a risk, I have taken to serve others during my career with the District of Columbia. from 1975 2/19 /90 I explained over and over that the numbers were so looking at and dictating my income comes from the los time from 1984 through 1990 and they claim they cannot find anything part of that so I cannot be credited for something that I cannot review I made it clear that I am on 75 I want to I want to paramedic school from 76 to 77 and they find no records of same nor they find any records of my previous surgery. I contacted the party from a local 36 spoke to Charlie Hollinger that I’ve known since I was appointed in the beginning of my career in 1975. He’s afraid of systems and claims that it’s best that we try to resolve this without going through the legal system but sometimes it’s necessary simply because they make it that way. And it should not reflect that I reach the 80% mark of my retard sorry because I was able to practice as a physician assistant, but no longer able to ride with the company that I was assigned to do the requirements of lifting bending pushing etc.. since I retired the fire department has change the system and that all cases like this go directly through the police and fire retirement board, but cases prior to the change from OPM to the police and Friday still linger and selective cases like mine. He claims that if I came once I reach that 80% mark back in 1984 even though they suspended it upon my reinitiation after the age of 62 I shall return back to the initial hearing from which I was granted 66 2/3 of my retard so rude to time. With that every smart 80% mark simply has nothing to do with my injury and or what I do for a living currently especially if it involves clerical work and the police and fire department board for simply re-initiate my check without having to go through all these changes to receive my disability check that I was entitled to in the first place .as I noted dealing with all of this bureaucratic entanglements it lead to the need to anti-depressive antianxiety medications including muscle relaxers and pain medicines .The fart apartment local IAFF 36 referred me to your office and I should no longer communicate without representation to anyone at OPM and this needs to be resolved through the courts if necessary . I sincerely thank you so very much for reading this detailed text and I will put my arm not the best Texter on the planet So please disregard any mistakes that may be a parent Gene Trotta Jr