Quick Takeaways
- Communicate openly with your agency early: Letting your agency and supervisor know about your medical conditions before submitting leads to better cooperation and faster form completion.
- Separated employees still have rights: If you’ve been separated from service, your agency is still required to complete all necessary forms — they cannot refuse simply because you’re no longer employed there.
- Bad agency forms don’t end your case: A negative SF-3112B or 3112D is not the end of your application. Medical evidence and the appeals process can be used to address unhelpful or inaccurate form responses.
- Reasonable accommodation has a specific legal meaning: Many agencies define accommodation too broadly. For Federal Disability Retirement purposes, accommodation must actually allow you to perform the essential functions of your position.
- Agency involvement doesn’t end at approval: Once approved, your agency is still responsible for submitting final pay and separation information to OPM [Office of Personnel Management] — delays at this stage can affect when your annuity payments begin.
Common Questions
Q: What happens if my agency refuses to fill out the required forms?
A: Your agency is legally required to complete disability retirement forms regardless of your employment status. OPM’s published handbook confirms this. Harris Federal works directly with employing agencies — and with OPM as needed — to get forms completed.
Q: Can a negative supervisor statement (SF-3112B) hurt my application?
A: A negative form is not the end of your case. It can be rebutted with supportive medical evidence, updated accommodation requests, or through the appeals process — up to and including the Merit Systems Protection Board.
Q: Do I have to go through the reasonable accommodation process alone before applying?
A: Harris Federal helps clients submit accommodation requests as part of the application package to ensure they meet OPM’s specific requirements.
Q: Why is my agency asking for forms that aren’t part of the Disability Retirement application?
A: Some agencies request forms that aren’t required for adjudication. Harris Federal reviews all agency requests and advises clients on what is and isn’t necessary to complete.
Q: How long does the application process take, and what causes delays?
A: OPM has become faster at issuing decisions, but delays are now common at finance centers like DFAS or NFC. Once your application is at a finance center, there is no way to check its status — patience is essential during this stage.
Full Webinar Transcript
Anna Barnes (Director of Organizational Development): We’re going to be talking about common agency issues when applying for Disability Retirement. Leah, I’m so excited to have you.
Leah Bachmeyer Kille (Partner): Great to be here. It’s wonderful to get to talk about this topic with our clients and also some potential clients out there that may be listening in.
Anna: Yes. So this is a really big topic because there are so many different agencies, and we’re going to go over a few of the high points of this — things that we run into with agency issues and the best way to approach those things. So that can be anything from just your agency being really difficult, to different forms that they might request, and processing times and so on.
Pre-Separation vs. Post-Separation: Why Your Status Matters
Anna: It’s really important to know that where you are as far as your agency status can affect the issues that you’re going to run into with your agency. You can apply for Disability Retirement pre-separation or within one year of being separated from your agency, but depending on where you are, it can change how we approach submission of an application, completion of different forms, or even requests to your agency. So we’re going to jump right into just how different agencies process and the different issues that we run into.
There are hundreds of federal agencies and they each have their own processes and hurdles to overcome. Leah can attest to this — we experience new issues with agencies on a weekly basis.
Leah: That is completely right. Each agency does do their own processing. While the adjudication ultimately happens at OPM [Office of Personnel Management], different agencies do different approaches. For example, the Army — it’ll process through the agency but then it will go to ABC for final processing before adjudication, and they want the entire application to be complete. You can’t just send things to ABC; you want a complete application beforehand. Versus other agencies, like the Department of Veterans Affairs — I think it’s the VHA down in Mississippi — they don’t want a complete application. They want to do the agency forms on their own end. So depending on which agency you’re employed with, getting those forms and doing the processing takes different approaches, and we learn new things every day because there are so many federal agencies out there. And with that being said, we truly have the experience to deal with these things as they come.
Agency Non-Cooperation: What It Looks Like and Why It Happens
Anna: So we’re going to first look at agency non-cooperation. This is a broad name for the main issues we deal with with agencies. They do not want to help with an application sometimes, and there are different things that play into that and different things that you can do — or that we can do — to convince the agency to be a little more helpful.
Leah: I think the first thing that we run into as far as why an agency is being non-cooperative is — do they even know that you’re having issues? A lot of people — your health problems can be very personal, and maybe you don’t have a good relationship with your agency or your supervisor, or maybe you don’t feel comfortable telling them about your medical conditions, or you’re afraid of how their reaction will be or if your job will be at stake.
But the fact is, when you apply for Disability Retirement, your agency is going to be notified in some form about your medical condition and they’re going to have to fill out forms. And really, it is best just to be open with your agency and inform them about your medical conditions. That usually leads to better cooperation and better form completion — which means better applications ultimately.
Which can be a really scary thing, because again this is your personal medical condition and maybe you’re a bit wary of telling people about it.
Anna: And in addition to that, if your supervisor or your agency officials have some prior knowledge of your situation, they’re more likely to complete the information they need to complete in a manner that’s helpful for your Disability Retirement.
Leah: Yes, and also in a more timely manner. If you just bring a Disability Retirement application on them out of nowhere, they’re going to say “oh my gosh, we never knew about this — we like to go ahead and go through the reasonable accommodation process” or “we like to have this documentation from you,” and that can hold up the processing time for your application, which ultimately holds up the time that you’re waiting for an adjudication on your case.
When Agencies Refuse to Complete Required Forms
Key Point: If you have been separated from service, your agency may claim they are no longer required to fill out the necessary forms. They are wrong — and OPM’s own published handbook confirms it.
Anna: The next issue that we see a lot — pertaining specifically to clients who have been separated from service — is agencies’ complete refusal to fill out the forms that they’re required to complete. They’ll say that they don’t have any knowledge of the issues, or that because you’ve been separated they don’t have to fill the forms out. And we’re here to tell you that that’s not right. They are required to complete those forms.
Leah: Yes, that is absolutely correct. OPM’s published handbook on Disability Retirement, which is available online on their website, specifically says the same documentation is required for a Disability Retirement application regardless of your employment status. So ultimately they’re going to want all of those forms. Tracking down the forms can be very difficult. While OPM does their best to try to help, it’s a lot easier to go ahead and request the forms and potentially get them upon submission — it makes for a much smoother process.
Even OPM can have trouble getting agencies to timely complete forms. There’s no legal action to force completion of forms until later on in the appeals process. So we like to work really closely both with the employee — or past employee — applying for Disability Retirement, reach out to their employing agency or their past employing agency, and work with OPM as needed to get those forms completed regardless of employment status.
Agencies Requesting Unnecessary Forms
Anna: On the flip side of form completion, we often have agencies requesting that our clients complete forms that are not a part of the Disability Retirement application. And so we pride ourselves on working with these agencies to determine what is necessary, what isn’t necessary, and hopefully make the process as smooth as possible without having our clients complete a bunch of things they don’t need to do.
Leah: That’s absolutely right. Some agencies do ask for things that they don’t actually need for adjudication. I’ve seen agencies try to say they need the actual decision from Social Security Disability — which absolutely isn’t true. Other agencies will have specific forms that may not be required but may be a good idea to fill out, maybe for benefits estimates, but again they’re not required. And it’s something that we can look over and tell you — hey, this is what this form is for, if it’s required or not, if it’s a good idea to fill it out. That’s what we’re here for.
Key Point: If you have made a deposit for prior military service, it must be paid in full before you are separated from the agency. Proof of that finalized buyback must be included before you submit your application. Many agencies will refuse to process your Disability Retirement application without it — and they have every right to do so.
Leah: That’s absolutely correct. It’s another one of those things that we need to head off prior to the submission of the application that maybe a lot of people don’t realize is a requirement.
HR Suspicion: Why It Happens and How to Handle It
Anna: Another thing I’d like to take a look at is the general reaction we sometimes get from human resources employees who are processing these applications. We often see some apprehension and suspicion on their part, and some of that can be mitigated by being forthcoming about your medical conditions early on. But this is a pretty common thing that we see within agencies, and it is really normal — and we help navigate through this.
Leah: A lot of people I find, when they’re going through the Disability Retirement process, feel like the tone or the responses from their agency are creating a hostile work environment because they’re suspicious of the person and their disabilities. And the thing to know is this is really common — it’s not necessarily directed at you personally. I mean, it could be, and you could see legal options for it, but most of the time this is a normal thing and the best thing to do is be forthcoming and work with your agency on the submission.
You know, people when they get Disability Retirement applications at HR centers — sometimes they’re not that familiar with Disability Retirement. And a lot of times your disabilities may not be physically apparent. Medical conditions that aren’t easily seen — like fibromyalgia or different psychiatric conditions — you may appear as a good, hard-working employee, and to get a Disability Retirement application is sometimes offsetting for an agency to receive. They’re not really sure why you’re applying.
Anna: And in addition to that, some agencies are not familiar with this process at all. We run into this a lot with smaller agencies. They don’t have a lot of experience processing Disability Retirement applications and they’re unfamiliar with OPM’s rules and regulations, and this can sometimes really slow down the process.
Leah: The best thing you can do is just be patient and let us communicate with your agency. Some small agencies have their own separate HR departments and maybe this is the first time that HR specialist is seeing a Disability Retirement application — the first time a supervisor is seeing the form they need to complete. They may have questions or concerns, they may fill out things incorrectly, but the best thing to do is just be patient with them and know that it’s a cooperative process.
The SF-3112B and 3112D: Common Form Problems
Anna: And with that being said, the forms are something that we really run into issues with — specifically the Standard Form 3112B and 3112D. That’s the supervisor’s statement and certification of reassignment and accommodation efforts. Generally, your supervisor statement is completed by your direct supervisor, and the 3112D regarding your accommodation efforts is completed by somebody in your human resources office. These forms are often filled out incorrectly in a way that can negatively impact your application — mostly because they don’t understand what the questions are asking.
Leah: That’s absolutely correct. While each form comes with its own set of instructions, I find that most agencies kind of gloss over them and just want to get the form completed quickly.
Exactly. And another thing I’ve noticed is sometimes supervisors think they’re being helpful by saying “yes, you’re a good employee, we like you, you’re doing a great job” — and maybe they don’t want to say that you’re having issues. And that can actually create a negative form. We want the form to reflect that maybe you are struggling a bit at work.
Same with the 3112D — maybe they think they’re being helpful by saying “yes, I think we can potentially supply you with accommodation,” and maybe they don’t understand that the word accommodation has a very specific meaning for Disability Retirement. So, the form doesn’t necessarily get completed in a helpful way.
Anna: That’s exactly right. And I really encourage clients who have a good relationship with their supervisor to either speak with them or have their supervisor speak with us, so that we can walk them through that form and help them understand what the questions are asking and what’s going to be the most supportive for that Disability Retirement.
Leah: That’s very true. And I also want to note that a bad agency form is not the death of an application. Not only can you rebut the evidence found in a 3112B or D with supportive medical evidence or perhaps updated accommodation requests — also through the appeals process, eventually at a second level of appeal to the Merit Systems Protection Board, you can technically get your agency to potentially respond a second time if needed.
So just know that just because you get a negative 3112B or D, that doesn’t mean you should stop your application for Disability Retirement. It doesn’t mean that you don’t qualify.
Anna: Exactly, and we have a lot of experience responding to various forms and in different ways of completion.
Processing Times and Finance Center Delays
Anna: So, I want to talk now about processing times of Disability Retirement applications. Historically it takes a long time to get a decision, and it still does — but it’s kind of shifted where we see the longest period of wait time. OPM has gotten a lot quicker in issuing decisions, but we’re now seeing that agencies who process their applications through a finance center like DFAS or NFC are seeing a lot of delays at the finance center. And unfortunately, once your application is at the finance center, there’s no way to check on a status — you have to wait until it’s done being processed, at which time they’ll forward it to OPM.
Leah: That’s absolutely correct. A lot of people want to push it along faster, and don’t get us wrong — we want things to move fast too, and OPM wants things to move fast as well. But in reality, there are going to be potential delays in processing. The best thing that you can do is be patient and know that it is getting processed and it will get to OPM and be adjudicated. And once it is at OPM, they are moving a lot faster nowadays — both with initial decisions and with reconsideration decisions.
Anna: That’s exactly right. And once your application gets to OPM, OPM will actually notify you and assign you a CSA number, so you’ll have notification that your application has moved on from your agency into OPM.
Reasonable Accommodations: A Critical and Often Misunderstood Step
Anna: A really important part of not only the Disability Retirement application process but issues with your agency comes down to reasonable accommodations and the different processes that certain agencies will follow. A lot of agencies have a different understanding of what is considered a reasonable accommodation than what is required by OPM.
Leah: That’s absolutely correct. A requirement for Disability Retirement is showing that you cannot be accommodated in your position of record. But the definition of accommodation is pretty narrow — it needs to be something that does actually allow you to perform the essential functions of your position. When agencies think about reasonable accommodation, they’re not necessarily thinking about the essential functions — they’re just thinking about something that keeps you employed.
Anna: And so that’s far different from what OPM is looking for when they’re adjudicating a Disability Retirement claim.
It’s also important to note that it’s not required to go through the reasonable accommodation process, but we highly recommend it. And we actually assist our clients in submitting reasonable accommodation requests as part of their application package, just to ensure that it’s done correctly and meets the requirements for your Disability Retirement.
Leah: Yes, that’s absolutely true. You can technically get by without doing an accommodation request — that’s under board presidential case law for Disability Retirement — but practically speaking it’s a very good idea to do it. So, a lot of times our legal advice will be: yes, we should request accommodation, here’s how to request it, here’s how to respond to offers of accommodation or reassignment.
And each agency does have their own approach. Some agencies have their own particular forms — for example, the Department of Veterans Affairs uses Form 0857A and 0857E for your request and your medical provider’s response. I think the post office also has their own forms. So, it can be very form-specific.
Anna: Yes, and that leads into what’s called the interactive process. Most agencies require you to participate in this interactive process, which just means that they might ask for additional information from you — they want to have open communication about what you’re requesting. And it is well within their rights to request medical documentation that shows restrictions, or to request — like Leah said — a form specific to your medical provider that’s part of the accommodation request.
Leah: And I know that here again some of our clients feel like this is a very intrusive process, but the thing to know is your agency does have the right to request certain information regarding your medical conditions. That’s not anything illegal. They can’t ask for a whole bunch of stuff that’s not pertaining to your reasonable accommodation request, but overall we want to be cooperative with agencies.
The Disability Retirement application is not you versus your agency — it’s you and your agency working together to provide the complete application to OPM. Your case is ultimately with OPM, so if it goes through an appeal, it’s Jane Doe versus Office of Personnel Management, not Jane Doe versus employing agency.
Post-Approval Agency Issues
Anna: Those are a lot of the issues that we run into while putting together an application and assisting somebody in submitting one, but there are also some issues that can crop up with your agency post-approval. Once you’ve been approved for Disability Retirement, it’s your agency’s responsibility to submit the final information OPM requests — so this is going to be your last date and pay status generally, which will dictate when your annuity payments start and if you are going to receive any back pay. We do see some delays here at this stage because, again, for all of the reasons we’ve already said — the agency may be unfamiliar, they may not process very many Disability Retirement applications, or they may just be backlogged.
Leah: Or the OPM — when they send out approval letters, they mail them. So it could be that maybe your agency isn’t back in-person. It’s always a good idea to reach out to your agency and make sure they’ve received the approval letter. You can share your approval letter with them — usually the only sensitive health information is within the first sentence of an approval letter, so you could black that out and share it with them. You just want to make sure to move as quickly as possible. OPM regulations do want you to be separated and put out on Disability Retirement annuity as soon as possible — ideally within a pay period or two following an approval letter.
Closing Summary
Anna: So, with all of that being said, we just want to make it really clear — we’re here to help you with these issues and your application in general. It can take some really strong legal arguments to rebut agencies that are uncooperative or who provide harmful information in your application.
Sometimes it’s a misunderstanding, but sometimes that’s really what they believe, and so we have to be prepared to respond to that in the event of a denial. We have years and years of experience dealing with the agencies and dealing with OPM regarding these agency issues, and in all of those years we have a 99% success rate over 14,000 approvals for Disability Retirement.
Leah: And you know, we’re here to help our clients. There are some great HR folks out there within federal agencies, but keep in mind — their job is to work for the agency. They are not necessarily working for you to get an approval for Disability Retirement. That’s not necessarily their goal. Their goal is to process an application correctly and send it out there. So, they’re not necessarily advocating for an approval.
That’s where we come in — we want to advocate for you, and we want to work with your agency to ultimately submit a good application. And even if your agency is non-cooperative, we have ways to rebut those statements, rebut those forms, and get you an approval.
Anna: That’s exactly right. And while that was a lot of stuff to talk about in regards to agencies, it’s by no means exhaustive when we’re talking about issues that come up. But just to circle back and recap a little bit — it’s really important to communicate with your agency. That goes a really long way. Having your supervisor involved and knowledgeable about what’s happening can really make the process a whole lot smoother and a lot less combative, honestly. Reasonable accommodations can be a big stumbling block, but we’re here to help with that. And just because you’ve been approved doesn’t necessarily mean that you’re done dealing with agency issues — they can still come up then as well.
Leah: That’s absolutely correct. That’s a great summation of what we talked about. And for our clients listening out there — if you have any questions or concerns, contact your case manager. We’re happy to go over your case individually, because when it comes to agency issues, while we deal with scenarios that frequently pop up and are similar to each other, ultimately each Disability Retirement case is its own case with its own unique set of circumstances.
Anna: Leah, thank you so much. This has been a pleasure talking about this with you and putting it out there so that we can hopefully reach as many federal employees as possible and help them — just as we’ve helped fourteen thousand-plus clients before now.
Leah: Thank you so much, Anna. As always, it’s wonderful working with you.
If you want help avoiding these common mistakes, give a call today for a free consultation. We’re here to help.