FERS Disability

Last Updated on April 10, 2022 by FERS Disability Attorney

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is often a valid concern that the Case Worker at the Office of Personnel Management will review a Federal Disability Retirement application for internal “consistency” of the application.

By “consistency” is meant the comparative analysis and evaluation of the Applicant’s Statement of Disability as described and narrated on SF 3112A and its continuation attachment, and the medical records and reports and the substantive content of what the treating medical providers are stating.

Such comparison and comparative analysis may involve the level and extent of treatment; whether there are any notations concerning non-compliance with medication regimens; whether the findings of clinical examinations may contradict the ultimate conclusions of the treating doctors, etc.

The unfortunate part of such an approach is that life normally does not travel in such a consistent, linear line of events.  On some days when a patient visits the doctor, it may well be that he or she is in the “best health” of one’s slice of life, and it may be reflected as such in the mental status examination, or in the physical examination given by the doctor.  Or, conversely, on any particular day, the treating doctor may not be as “aware” or attentive to the patient, and may simply mechanically jot down notes without putting much thought into it.  Whatever the case, such linear consistency rarely reflects the reality of life.

To counter such non-existence of the linear line of expectation, it is often a good idea to provide, if possible, a history of the medical condition, treatment regimens and modalities, in order to show that a day’s slice of life is not reflective of the greater medical history one has suffered from, and is currently suffering from.

Sincerely,

Robert R. McGill, Esquire