Tag Archives: a disability that can get worse in federal employment

The Admixture of Incremental Deterioration of Health Conditions While on Federal Employment

Destruction rarely comes as a sudden, tumultuous event; that is why tornadoes and hurricanes are noteworthy news items.  Instead, it is the slow rot of incremental deterioration which represents the commonplace thread of destroying lives, sort of like the metaphorical water torture where the progressive drip of each drop of destructive degeneration defines the dilapidation of deferred degradation (have we now engaged in enough alliteration to satisfy one’s amusement?).

Life itself is complex; filing for Federal Disability Retirement benefits must contend with such complexities, and it is often prudent to “separate out” the admixture of various issues in order to arrive at the best decision for each particularized life and circumstances.  Like splitting a cluster of atoms, separating a neutron can result in an unexpected implosion if one does not have a clear path and exit strategy, including having full knowledge of the consequences potentially resulting from each action engaged.  To the extent possible, one should never begin a bureaucratic process without knowing the resulting impact, whether foreseen or unforeseen.

The decision to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management by the Federal or Postal Worker, whether under FERS or CSRS, can never be taken in a vacuum; the medical condition may have had its inception several years before; the agency may have undergone multiple changes of supervisors, where previous bosses signed off on liberal use of SL, AL & LWOP; where travel was curtailed with a wink-and-a-nod, and a loosely-held network of implicit understandings allowed for continuation in a position despite one’s inability to perform all of the essential elements of one’s job.

Then, one day, in walks a fresh face, and the other side of humanity suddenly disappears.  Complaints are whispered, or perhaps even officially filed as an EEO suit.  Stress levels are increased, and suddenly medical conditions which were previously managed and quietly maintained flare up into major impediments and life-events bordering on crisis and turmoil.

One must understand, however, that the progressive and incremental deterioration was always in existence; it is precisely because of the slow, almost imperceptible nature of the rotting which was occurring, that few noticed.  Federal Disability Retirement is often the most prudent exit strategy in solving the problem of the incrementalism of havoc wrought by years of aggregated difficulties.

The first step in the process of preparing to file a Federal Disability Retirement application, however, is to sift and separate the relevant from the ancillary, without unintentionally splitting the proverbial atom, and to recognize that the crisis point is less of a singular event, and more likely a flashpoint resulting from years of neglect.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement Benefits: Progressive Deterioration

The concept of progress normally implies a positive trajectory of events; but when combined with a negative idea, it reverses the trend.  To deteriorate in a progressive manner is to turn the concept on its head; it results in the upward trend spiraling downward; it reverses what should be, and transforms the positive into a negative statement.

The progressive deterioration of a person’s health can be an insidious, incremental and slow trending of the state of one’s being.  For the Federal or Postal employee who is experiencing such a phenomena, that experiential state of being becomes compounded with decision-making events which only exacerbates and complicates:  Am I taking too much time off from work?  What impact will this have upon my agency? How will the work get done while I take off?  What will be the response by my agency?

Such questions must always be in the context with the progressive nature of one’s medical condition — will it be a chronic and intractable deterioration, or will the negative trend at some point be reversible?

Cessation of the trend itself might be the acceptable point of positive inclination; reversing the trend in order to become better, healthier, stronger, etc., would be the greater goal.  But if the trending sees no end in sight, then considerations for the future must include the reality of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

The linear trending of decline is the indicator of those peripheral future actions which must be concomitantly taken, in order to help support the negative trend.  Filing for Federal Disability Retirement benefits through OPM is a parallel course of action in order to support the trending declination, and one which should be considered in a timely manner.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Right Time (Part 2)

How to determine when is the “right” time to file for Federal Disability Retirement benefits under FERS & CSRS, and when is the right time — those are issues which are quite personal and peculiar to each individual case.  Unfortunately, it is the very inherent nature of medical conditions, medical disabilities, and the chronic & debilitating symptoms that accompany such conditions, combined with the strong sense of loyalty, commitment to duty, and the desire to continue to believe that a Federal or Postal worker will overcome the current condition of disability — that often prevents a person to come to the critical point of determining the “right time”.  And, to put it in its proper perspective, this is probably a good thing, insofar as being a reflection upon the character of most individuals. 

Most individuals have a strong sense of commitment and hard work, and most want to continue to believe that one’s condition of medical disability is merely a temporary state of affairs.  But when such loyalty and commitment comes at the price of one’s personal detriment, it becomes a negative thing.  The problem comes when all of the objective indicators are ignored — when sick and annual leave are being depleted; when excessive LWOP is taken; when performance at work clearly suffers; when each night and weekend are used to recuperate from the day’s work; when savings become depleted; when a sense of desperation sets in.  Then, when it comes time to make the decision, it becomes an emergency. At that point, while it is not too late to begin the process, it is probably less than the “right time” to have started the process.  While better late than never, it is a good thing to take affirmative control of one’s future, and not let events control it uncontrollably.

Sincerely,

Robert R. McGill, Esquire