Instead of just talking generally about common Disability Retirement application mistakes, here’s a part-by-part breakdown of where mistakes come up in one of the largest and most important parts of the application, the Standard Form 3112.
The SF 3112 has parts A-E, which need to be completed and submitted to the Office of Personnel Management (OPM) for a federal employee to apply for Disability Retirement.
Each part focuses on a different requirement for the OPM, and all of it helps show that your disability stops you from performing useful and efficient service at your agency.
Let’s look at the most common mistakes made on the SF 3112 forms, part-by-part, and talk about how you can avoid them.
3112A — Applicant’s Statement of Disability
The 3112A is the Applicant’s Statement of Disability — the most important part of your application. All other forms will reference this part and reinforce anything you’ve written there. It’s essential to provide an in-depth documentation of your disability and how it interferes with your employment.
Mistake #1: Not Listing All Conditions
When filling out question number 4 you need to list all diseases and injuries if they affect your ability to work.
The OPM only considers conditions listed in this section.
You’ll be able to add additional conditions at the reconsideration stage, but you will not be able to remove anything already in your application. Keep in mind the OPM will consider these conditions as a whole, but may only approve you for some of the conditions.
Mistake #2: Not Explaining How Your Condition Affects Your Job
Questions 5 and 6 in the 3112A want specific references to job duties and activities that you can no longer perform. Check out your official position description to clearly show how you can no longer perform your federal job. You can ask your HR representative about this. If your doctor has given you medical restrictions like restrictions that stop you from doing certain job duties, it can make this step easier.
Mistake #3: Using the Incorrect Date of Disability
The OPM isn’t asking when your disability began, only when it started stopping you from performing all the functions of your current federal job. If you have a chronic condition, the date you stopped being able to perform your duties may not be the same as the date your chronic condition began.
The OPM often denies cases because the date of disability doesn’t match the evidence of your worsening performance.
Mistake #4: Using the Wrong Wording About Your Condition
Words like “chronic” may not be enough to convince the OPM your condition will continue affecting your performance. You need to specifically say that your medical condition will last for “at least one year.” The OPM is looking for the most clear and direct language.
For example, it can be difficult to prove that a mental health condition will last long-term. Having official diagnoses, treatment history, and consistent medical records with doctor’s support that they believe the condition will last at least a year will help in this case.
Mistake #5: Not Having Supportive Medical Documentation
Having a doctor’s support makes this process much easier. It’s important that your medical providers are willing to work with you through this process.
A lot of doctors shy away from disability cases, so it’s important to explain that Federal Disability Retirement is different from Workers’ Comp, and the medical requirements aren’t as involved.
Having multiple supportive medical professionals is especially helpful.
Mistake #6: Including the Wrong Information
Avoid including contradictory information or irrelevant documents. If you’ve got an unrelated medical condition, or an earlier condition that has healed, you probably won’t need to include documents for that.
The OPM is focused on what medical condition(s) are currently keeping you from doing your federal job.
3112B — Supervisor’s Statement
The Supervisor’s Statement provides the agency’s perspective of your disability and performance. This form is completed by your supervisor or someone in a position to observe your performance on a regular basis. Some agencies have specific centers that fill out this form.
Make sure you get a completed copy to ensure it accurately reflects your disabling condition.
Mistake #7: Supervisor Statement Doesn’t Reference a Service Deficiency
A common mistake that often leads to a denial is a supervisor statement that doesn’t include information about your service deficiency. If they say that your conduct, performance, or attendance has been satisfactory, you will have a harder time being approved for Federal Disability Retirement.
Attendance deficiencies are typically the most common that could support your case. If the comments don’t reflect how your medical condition stops you from working, that could harm your case.
Mistake #8: Not Including Your Position Description
You must include your position description so the OPM can see your specific job duties to determine if you can continue to perform them or not. If this isn’t included, your application will be placed on hold until it’s received.
3112C — Physician’s Statement
Your medical providers must document all symptoms, history, results of lab work, therapies, and treatments. The OPM is looking for a narrative that will convince a medical specialist of your disability.
Mistake #9: Using the Wrong Mailing Address
You must include the correct address in this section, so when your medical professional mails these forms, they go to the right person, whether that be you or your agency.
3112D — Agency Certification of Reassignment and Accommodation Efforts
Your agency will fill out this section and must show that they tried and are not able to reasonably accommodate or reassign you. Keep in mind that partial or temporary accommodations don’t disqualify you from Federal Disability Retirement.
Mistake #10: Not Communicating with Your Agency
If your agency is unfamiliar with your medical conditions, they often fill out the forms incorrectly or in a way that can negatively impact your application.
The OPM’s reasonable accommodation definition is different than the general reasonable accommodation definition under the ADA, which can cause confusion. We recommend talking to your supervisors about your medical condition and how it’s impacting your job, as they can play an important role in this process.
3112E — Disability Retirement Application Checklist
The final section is the Disability Retirement Application Checklist that your agency will fill out. All responses in this section must match what has already been said, and all additional forms must be included when your application is submitted.
If you’re separated and your agency is unwilling to fill out this form, you can attach a blank copy with your application to the OPM along with any correspondence with your agency to show good faith effort.
The Biggest Mistake: Not Getting It Right the First Time
When submitting your application, it’s critical to get it right the first time. Processing times can be delayed by months or even indefinitely if there are mistakes on your application.
Keep a copy of all forms for your personal records, and make sure all forms are consistent with one another. It will make the process a lot harder if your agency and doctor are contradicting each other.
In some cases, Federal Disability Retirement can be a benefit worth over $1,000,000 – that’s not something to leave to chance.
Our firm has helped over 14,000 federal workers apply, and we’re ready to guide you through the process of submitting an application with the right medical evidence and strong legal arguments the first time around.
Schedule a FREE consultation with our office today to learn what your options are.
