Last Updated on February 10, 2009 by FERS Disability Attorney
Often, aside from having submitted insufficient medical documentation to support a Federal Disability retirement application, the Office of Personnel Management will deny a case based upon a statement submitted by the Supervisor, normally on SF 3112B (aptly entitled, “Supervisor’s Statement”). Now, in preparing a Federal Disability Retirement application, I rarely worry about what will be on a Supervisor’s Statement, primarily because the applicant rarely has any control over the contents of the statement, anyway, and therefore to focus upon that which one has little or no control over, is simply a waste of time. Instead, I focus upon obtaining an overwhelmingly convincing medical narrative report from the doctor, which then essentially makes the Supervisor’s Statement — if it is viewed somewhat as “negative evidence” by the Office of Personnel Management — a moot and irrelevant point of contention. More often than not, when the Office of Personnel Management refers to the Supervisor’s Statement as revealing some basis for denying a disability retirement application, I find that OPM has either mis-read the import of the statement, or has selectively misquoted from the Supervisor’s Statement. Remember that the law requires that the Agency provide a “reasonable accommodation”; more often than not, what the Supervisor or the Agency has provided, is neither “reasonable”, nor an “accommodation” under the law. In any event, whether by misquote, unfair and selective reasoning, misreading, “unreasonable”, or not an “accommodation” at all, I rarely find that the Supervisor’s Statement is helpful or unhelpful; and, certainly, I have never found that a Supervisor’s Statement contains any substance which would or should be the basis of a denial from the Office of Personnel Management.
Sincerely,
Robert R. McGill, Esquire
I have been injuried twice while working as an Federal
Employee (Case #160209938–Department of the Navy) and (Case # 160337985–U.S. Post Office), both times I have received medical treatments and later dismissed by my employer. I have been going through appeals after appeals. My hernia disc have continued to worsen and my operation for carpal tunnel hasn’t repaired the problems. Now that I have reached 50 years old, it seems that the problems have excellerated. What advice do you have for a person in my place? Sincerely, Maria L. Nelson.
I have a couple of workers compensation cases active since starting 93 and 97 to current from dept of veterans affairs.
I’ve served over 24 years of service and all of a sudden I’m producing within the last couple of years insuffient work, insuffient leave and reasonly been placed on awol as well as been reprimanded for leave used and inappropiate behavor and misconduct in the work place due to chemical smell that has burned my eyes and lips and causing constant breathing problems. I have been asked to work without full accommodations in other areas of the hospital. I requested accommodation and was told I had to wear a respirator mask per employer even though the chemical is coming into a non ventilated room and work area. I am no longer protected by ADA and I continue to have problems with smells due to exposure from janitor service and constant contruction work, since I refused, I was retailate against by moving me from station to station and told that I have to work like a regular worker. My owcp doctor has also changed my diagnosis to over use of extremites and my condition is improving. EEOC has basically sided with my employer stating I can not prove a case against the agency due to the hippa law as well as privacy act of vets and co-workers. I have a lot of health conditions and injuries and it’s getting unbearable to work under these conditions. I applied for medical retirement in 1999 or 2000 and the agency stated they were accommodating me as well as no insuffieint leave was being used along with other unfound lies of my health and injuries. This case was submitted to EEOC FOR HEARING AND HEARD BY A JUDGE, but all of a suddent they don’t know anything about my accommodations that they stated they were providing for me. I would like to reapply for medical disability.