Tag Archives: FERS Disability Retirement concepts

The Tool of Repetition

Repetition is an important tool in any written genre; overuse of the tool can always backfire (is there an inherent conundrum in criticizing the tool of “repetition” by saying that it can be “overused” — probably), but in preparing, formulating and filing a Federal Disability Retirement application under FERS from the Office of Personnel Management, the importance of repetitively stating the important elements of one’s medical conditions and their impact upon one’s ability/inability to perform the essential elements of one’s job cannot be overstated.

As time is a commodity worth its span in gold, the assigned case worker or disability specialist (or whatever other name or designation given to the person at the Office of Personnel Management who will review one’s Federal Disability Retirement application for identification purposes) must use such time efficiently; and given the volume of cases which the Case Worker must evaluate, analyze and decide upon, the tool of repetition is important precisely because, in the short time-span within the volume of cases to be reviewed, the ability to catch the attention of the reviewer and to highlight the main points of one’s case by shouting out in bold-faced screams, is an effective way of presenting one’s case.

As paper-presentations go, they are silent vehicles of communication. However, within the neutral silence of being presented to the reader, it is important to repetitively state (and restate) the main points of a case in formulating one’s narrative in the Applicant’s Statement of Disability.  As with everything else, however, in preparing, formulating and filing a FERS Disability Retirement application, there is a danger point in using the tool of repetition: too much repetition can make one’s case appear to be “artificial” and conniving.

You don’t want to file a Federal Disability Retirement application by stating the FERS Disability Retirement application too repetitively because to overstate the Federal Disability Retirement application too many times would be to use the tool of repetition too much in a Federal Disability Retirement application (hope one gets it).

Sincerely,

Robert R. McGill, Esquire
FERS Medical Retirement Benefits Lawyer

Neither your receipt of information from this blog, nor your use of this website to contact the author creates an attorney-client relationship between you and Attorney Robert R. McGillAs a matter of policy, Attorney McGill does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter.  You may, however, first contact Robert over the phone for possible legal representation and to assess your probabilities of becoming a Federal Disability Retirement annuitant after the specifics of your case are evaluated.  An initial consultation with Attorney McGill is always free.

The Agency’s Attempt

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the issue of “accommodations” will necessarily surface, if only because the Agency must complete SF 3112D — the Form which is entitled, “Agency Certification of Reassignment and Accommodation Efforts” (which bureaucrat came up with that title?).

Agencies will often choose the wrong box to check because they will either misread the choices or misunderstand what the statements mean.  For instance, in the third choice of Question 4, it states, “Yes, describe below the accommodation efforts made, attach supporting documentation and provide narrative analysis of any unsuccessful accommodation efforts.”  The problem with the choice itself is that the entire concept of “accommodations” has been clarified, modified, and thoroughly discussed in cases which have been brought before the U.S. Merit Systems Protection Board and the Court of Appeals for the Federal Circuit, and such court opinions have been issued subsequent to the original meaning of the term when the Standard Form was first issued.

But when the Agency completes the form, they will often answer the question in terms of “allowing for liberal use of sick leave” or “letting the employee refrain from doing X, Y or Z”, etc.  But allowing for temporary, light duty work does not constitute a “legal accommodation“, and thus does not go to the requested information.  In fact, the loosely-used term of “accommodation” is actually no accommodation at all.

What to do about it when it happens?  One must be discreet in how to approach it.  For most cases, the agency’s lack of understanding will have no impact at all, and it should not be responded to.  In other instances…

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

Materials and information on this blog are provided for informational purposes only, are general in nature, and do not constitute a legal opinion or legal advice and should not be construed as a legal opinion or legal advice.  For more specific information, or to discuss the specifics of your case, you may contact the author for a free, first-time phone consultation.

An Attorney’s Great Satisfaction

The final objective of the Federal Disability Retirement process is to obtain that “approval” letter from the Office of Personnel Management.  It resolves and sets aside the months of anxiety and stress compressed into a time of agonizing suspension from life’s ability to move forward; for, during that time of waiting, one cannot “move forward”, because without the knowledge of whether one can obtain the financial benefit of the FERS Disability Retirement annuity, one cannot make the decisions in life to make plans for the future.

It is of great satisfaction to an attorney to reach the “end goal” — to hear from the client that he or she has received the letter of approval from the Office of Personnel Management, and to hear the relief and joy in the voice of one who finally sees “light at the end of the tunnel” constitutes great professional satisfaction for the representing attorney. It means that the proper medical narratives were gathered; that the description of the client’s medical conditions and their impact upon the essential elements of one’s job was properly formulated; and it means that the legal argument presented to the Office of Personnel Management was persuasive.

Client satisfaction means a lot to an attorney; for one who solely specializes in Federal Disability Retirement Law, to see the end product — the obtaining of a FERS Disability Retirement annuity — is of great professional satisfaction.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The website is only general information.  Your use of this blog does not create an attorney-client privilege nor is the information provided via the website.  Nothing published via this website is legal advice.  However, you may contact the author, Attorney Robert R. McGill, for an initial free consultation to discuss the specifics of your particular case.

The Essential Elements of a Federal Job

In preparing, compiling, formulating and filing a Federal Disability Retirement application under FERS, one must prove by a preponderance of the evidence (a legal standard which has been set by statute) that a Federal or Postal worker who has a minimum of 18 months of Federal Service and suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s particular kind of job.

The concept of “essential elements” is variously defined and expanded upon by court cases, but one way to identify the “core elements” of a particular job is to review the position description, and to extrapolate from the official description of the job. Another place, of course, is the Agency’s performance review, which will often identify the core elements.

One should never overlook the obvious, in addition to that which is identified in the position description — the fact that one is required according to the position to work full time; to be “on site” for many jobs (thereby precluding tele-commuting as a viable permanent accommodation); and certain other inherently obvious elements which are often mentioned in passing — such as sitting for long periods of time (a sedentary position); being required to stand or walk for extended periods of time; and other such “essential elements” which make up a position, and are inherently required by the very nature of the job.

Those “obvious” but often unmentioned essential elements are notable for the fundamental requirements of being able to successfully perform a job.  They should not be overlooked.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

Note:  The material provided in this blog has been updated by the webmaster/editor and written originally by Attorney Robert R. McGill in other websites and blogs.