It occurs in momentary lapses of time, as if fate, the spirits and the ephemeral heavenly bodies are mocking us silently in childish teases of playful provocations. They are brief segments of clarity, when all of the cylinders of life appear well-oiled, when the metaphorical pistons are firing simultaneously, and the fuel pump is injecting a sufficient amount of energy, and we feel on top of the world.
This is perhaps how man is supposed to live, is meant to exist, and is thought to represent the essence of his being. But as Rousseau would quip, the ravages of society and civilization tends to weigh upon the natural state of man, and separate him from his true essence.
And so it often is with the daily fight with an agency.
It is interesting to study the entire history of the concept of “accommodations” in the field of disability law; for, what one finds is that entities, including Federal agencies, rarely attempt more than a show of appearance to accommodate an individual’s medical condition. The unstoppable grind of a bureaucracy’s march forward will wear down the Federal or Postal employee who suffers from a medical condition. Fighting through standard means of EEO actions, discrimination lawsuits, formal grievances and complaints may stay the progress for a time; but time itself is always on the side of the Leviathan known as the Federal agency.
Ultimately, the disadvantage is two-fold for the Federal and Postal employee suffering from a medical condition: the process itself, and the medical condition which continues to debilitate.
Filing for Federal Disability Retirement benefits is an option which need not be considered the “nuclear” option, but rather an acknowledgment that agencies can rarely change itself to suit the individual, and instead, it is always the individual which must change to fit into the vast sea of an organizational morass.
As for those moments of clarity? They often come when an affirmative step forward is taken, as when the Federal or Postal employee recognizes that there is more to life than fighting against an entity which cares little for the human frailty of a medical condition.
Robert R. McGill, Esquire
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