Federal Disability Claim: Standard Forms and the Proverbial Blank Slate

The paradigm of a tabula rasa is a frightening one.  It implies a complete negation of historical context, of evolutionary influence, and therefore denies instinct, nature, and pre-conditional implications.   But clearly there are confines and parameters of behaviors, and different species of animals will act in specific ways peculiar to the individuality of the entity, while taking on certain imprinting models if surrounded by members of other species.  To assume, however, that no context exists, either in prefix or suffix form, is to deny a fundamental truth at one’s hazard in doing so.  For Federal employees and Postal workers who begin to complete the required forms for a Federal Disability Retirement application — whether the informational requirements queried in SF 3107 (or SF 2801 for CSRS individuals); or the series of SF 3112 forms which inquire into the foundational questions of one’s medical conditions, their impact upon the essential elements of the job, etc. — it is important to approach any and all such standard forms with a view towards denying the existence of a tabula rasa, or the concept of a blank slate. Such pristine states of being do not exist, neither in nature, nor in the complex world of administrative bureaucracies.  The history of the forms, of SF 3107, SF 2801, or SF 3112A, SF 3112B, SF 3112C, SF 3112D or SF 3112E, all have a history preceding and superseding the date of the formulation and printing of such forms.   Statutory underpinnings, U.S. Merit Systems Protection Board rulings, Federal Circuit Court of Appeals opinions, and expansive legal opinions, all provide a context for each question queried, and each piece of information requested.  Thus, to approach any such OPM Disability Retirement standard form as if it is merely a blank slate, is to proceed down a dark and curving road with ignorance and fail to realize that it is not a quiet, rural road with nary a car, but the Autobahn busy with high-powered vehicles testing the limits of speed.

Sincerely, Robert R. McGill, Esquire

The paradigm of a tabula rasa is a frightening one. It implies a complete negation of historical
context, of evolutionary influence, and therefore denies instinct, nature, and
pre-conditional implications. But
clearly there are confines and parameters of behaviors, and different species
of animals will act in specific ways peculiar to the individuality of the
entity, while taking on certain imprinting models if surrounded by members of
other species.

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Robert R. McGill

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Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Philosophy of Life
    Posted on October 19, 2019
    Topic: Administrative Law

         Is it necessary to have one? Does one ever begin this process of organic expansion with a conceptual paradigm which encapsulated the activities, movements, thought-processes and decision-making judgments that, in their aggregate, define a person’s “Philosophy of Life”? And if we all have one, when did we subscribe to it, create it or ... Read more

  • FERS OPM Disability Retirement: The Social Security Requirement
    Posted on October 18, 2019
    Topic: Administrative Law

         There is often confusion. In fact, some Federal and Postal employees think that the “Prerequisite requirement” of filing for Social Security Disability benefits means that you have to wait to get it approved before you can file for Federal Disability Retirement benefits. The unforeseen consequences resulting from such a misunderstanding is that some ... Read more

  • FERS OPM Disability Retirement: The Percentage Game
    Posted on October 17, 2019
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         We all play it; whether in calculating the chances of success (most of us are not knowledgeable enough to be statisticians, not having paid close enough attention in high school or college to that mathematics course regarding the numerical analysis of a numbers-based algorithm), or in merely keeping an eye on interest rates ... Read more