FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: Catch of the Day

Restaurants announce it; law enforcement offices declare it; con artists make a living by it; and agencies sneeringly pounce upon them. They are the designated focus for the day, often longer, and sometimes until they disappear from the depths of abundance which the season and migration of schools allow.

When one is a Federal or Postal Worker, becoming the “catch of the day” can mean that you are the targeted one; the one whom harassment and daily persecution becomes the norm and routine, and having such a reputation allows for the safe haven of others who exhale a loud sigh of relief for being spared such an ignoble designation. Once the target, agencies never let up. Whether it leads to a PIP, multiple suspensions, letters of reprimand, sick and annual leave restrictions on usage, doesn’t quite seem to satisfy the insatiable appetite of the persecutors.

Yes, there are some countermanding moves: EEO complaints; grievance procedures filed; even lawsuits and resulting awards of significant verdicts, on rare but victorious occasions. But the human toil expended rarely justifies such moments of rare glory; and for the individual who suffers from a medical condition, the juggernaut of the agency’s reserves and reservoir of implements and infinite resources of persecution means that a time of respite is merely temporary.

Federal Disability Retirement is a benefit which one must consider when the coalescence of a medical condition, agency actions, and the recognition that one is unable to perform all of the essential elements of one’s job, comes to a tripartite sequence of combined consonance.

Filed through the U.S. Office of Personnel Management, the Federal or Postal employee under FERS or CSRS has the opportunity to receive an annuity, and still go out and begin a new career in the private sector, and make up to 80 percent of what one’s former Federal or Postal position currently pays.  It is a consideration which should always remain a viable option, lest one’s picture remain with a bullseye depiction alongside the declaration that you are the agency’s “catch of the day”.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Fault Lines

In Geology, fault lines involve plate tectonic forces and planar fractures which reveal significant evidence for causes of earthquakes and help in determining and predicting areas of subduction zones and active faults which likely will result in future major earthquakes.  Movement, activity, fault? Sounds familiar. The anthropomorphic language, where we attribute human characteristics to inert matter, is a reflection of the beauty and elasticity of language.

For Federal and Postal employees engaged in employment disputes, and where medical conditions often underlay the seismic reverberations resulting from adversarial encounters between Supervisors, Workers and Agency cohesiveness within the greater context of asserting power and authority, often the wrong focus and engagement of the issues will result in greater calamities than was necessary if the issues were properly narrowed and pragmatically determined.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, OPM Disability Retirement may be the option most viable in solving an ongoing issue.  Filed through the U.S. Office of Personnel Management, it is a benefit accorded to all Federal and Postal employees, whether under FERS or CSRS.

In Geology, proper and precise location of fault lines may be crucial in determining essential predictive accuracy of seismic tectonic shifts; in human affairs, it is often not the fault lines which matter, but how to maneuver around them.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Expectation of Ethical Behavior

Ethics requires the containment and delineation of certain parameters of behavior.  The single intervening cause which provides for an exception to such constraints of behavior — as a practical matter — is the accumulation of power.  Power serves as an aphrodisiac which propels one to override any knowledge or sense of what it means to “behave properly”.

Just observe the behavior of those who are considered part of the “glamour” set — movie stars, politicians, wealthy entrepreneurs, etc.:  the common thread is that, because one acquires and retains money and fame (and therefore power), one need not be constrained within the parameters of ethics.  Just as individuals may act in certain ways, so agencies and conglomerations of individuals will act in a macro-reflection of how singular persons will act.

Thus, when a Federal or Postal employee begins the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, wisdom should guide the Federal and Postal employee to expect his or her agency to act in ways contrary to ethical behavior — if not outright violating any rules of ethics, at a minimum, to act in a harassing and mean-spirited manner.

Power brings out the worst in individuals, and in agencies; and when the “weakling” shows his or her vulnerabilities, the claws and fangs manifest themselves in the most ferocious of manners.  Ethics is for the protection of weaklings, and for manipulation by the powerful.  That is why it is often a necessity to seek the counsel and guidance of an attorney to countermand the actions of those who deem themselves to be powerful — by leveling the playing field.  Now, as to the power of the U.S. Office of Personnel Management… that is a different story altogether.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Agency’s Bad Behavior

Whether it is merely the characteristic of the modern age; whether the entirety of the media conglomeration — television, movies, videos, social media outlets — which allow for unfettered behavior; whatever the reasons, social conventions, norms, and common rules of behavior have distinctively deteriorated, and their impact and reverberating effects are becoming increasingly apparent both in the personal realm as well as the professional sectors of society.  But of course bad behavior — a term which can universally encapsulate the complexity of the problem — has always existed.

For the Federal or Postal employee who is contemplating Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS (if the latter, then regular retirement is fast-approaching those under the old system, anyway, and you may be able to avoid such bad behavior soon enough), encountering and fending off bad behavior from agency personnel, Human Resources personnel, coworkers or Supervisors, is a tradition of long-standing tenure, and one which increases with the manifestation of a medical condition.  

Why is it that human nature pounces upon the vulnerable and the weak?  

The peculiar thing about the creation and enactment of a law — be it the Americans with Disabilities Act, or other similar protective mechanisms against discrimination — is that the codification of a necessary protection reveals the breakdown of that very sector of society which it is meant to protect.  Protection is not needed where decency prevails; it is only when decency deteriorates, that such protections become necessary.  

Ultimately, the best solution is to file for Federal Disability Retirement; to walk away with a smile (or a smirk); for, any other avenue will merely encourage the bad guys to up the ante, albeit in more subtle forms.  In the next life, for the Federal Disability Retirement annuitant, perhaps decency will prevail; we can all hope.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: A Hostile Work Environment

Unfortunately, reality often outperforms and upstages any attempt at fictional characterization of the workplace.  Often, the meanness and temperamental behavior of a supervisor in the “real” workplace can never be properly represented by an actor’s attempt in a sitcom or a drama; the persistent, irrational, capricious and outright cruel behavior and acts of “the boss” or one of his/her underlings can never be accurately depicted in fiction.  Further, the reality of the consequences of such behavior can be devastating.  Workplace stress resulting from demeaning behavior, intentional acts to undermine, cruel and arbitrary acts against a specific employee, can all result in serious medical consequences.  

It is all well and good to talk about internal procedures — of filing an EEOC Complaint; filing a grievance; filing a complaint based upon discrimination, etc.  But beyond such agency procedures to protect one’s self, there is the problem of the eruption of a medical condition, be it Major Depression, Anxiety, panic attacks, physical symptoms of IBS, chronic pain, headaches —  some or all of which may result from such stresses in the workplace.  There is no diagnostic tool to establish the link between the medical condition and the workplace stress.  

For Federal and Postal employees thinking about filing for Federal Disability Retirement benefits under FERS or CSRS, there is the context of harassment & stress in the workplace, and then the medical condition which prevents one from performing one or more of the essential elements of one’s job. Sometimes, it is difficult to bifurcate the two.  That which is difficult, however, must sometimes be accomplished in order to be successful.  The origin of the medical condition may have to be set aside, because it “complicates” the proving of a Federal Disability Retirement application.  If one is contemplating filing for Federal Disability Retirement benefits, the story — however real — of the workplace harassment, may have to be left behind.

Sincerely, Robert R. McGill, Esquire

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