Federal Disability Retirement: The Price of Good Intentions to Deceive

Can one possess good intentions to deceive?  Such a paradoxical claim would normally constitute what is commonly referred to as an oxymoron, as the concept of “good” would countermand the opposing construct of deception.  Thus, it is not the intention itself which makes for the conundrum, but rather the originating focus of the will to act.

For the Federal and Postal employee who masks one’s medical conditions, whether of a physical nature, a psychiatric condition, or concerning the medications which are prescribed and taken at the direction of one’s medical provider in order to alleviate the symptoms of the condition and perhaps as a palliative measure, the price which one pays for not immediately informing one’s agency may range from nothing, to unforeseen consequences far into the future.

Is it technically “deception” to engage in a negative — i.e., to not immediately inform?  Is there an affirmative duty to convey or otherwise divulge such private information, if the medical condition has not yet become so apparent as to openly manifest an impact upon one’s ability to perform all of the essential elements of one’s job?

Conversely, does the supervisor and the agency perform a service of “good” if performance ratings continue to reflect superior or outstanding, when more recent work has clearly diminished in volume and/or quality, but because of past performance and an ongoing sense of loyalty, the supervisor wants to just “sign off” by regurgitating past evaluations and assigning a current date?

Ultimately, in a Federal Disability Retirement case, one must at some point divulge the medical condition, if not merely at the time of filing one’s Federal Disability Retirement application through the agency’s Human Resources Department.  The timing of such divulgence, however, can sometimes impact the reactionary impulses of an agency.  In the end, the Agency must complete SF 3112D in response to the applicant’s filing; and whether the agency was previously informed or not, an effort to see whether an appropriate accommodation can be made will become an integral part of the process.

From the perspective of the U.S. Office of Personnel Management, the issue of timing — of the good or neutral intentions of the applicant — rarely comes into play.

As for any “deception” involved, the only one who would be harmed by any such intention would be the one who bravely attempts to continue working through the pain of the condition itself, and the harm which continues to progressively deteriorate the Federal or Postal employee who attempts to perform all of the essential elements of one’s position.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Threatened Order

One’s orderliness of life is dependent upon the next person; and like the proverbial domino which stands precariously wedged between the one previous and the one subsequent, the universe of stability is dependent upon the static nature of the surrounding environment.

Thus, in the antiseptic neighborhoods around the country, the quietude of the next door neighbor ensures the peacefulness of one’s heart.  If a violent eruption or turmoil occurs next door, and the flashing lights of law enforcement blink through the closed blinds and curtains of your house, you feel violated.

The principle has been tested and verified, that one’s own order in a physical, as well as psychological sense, is only as secure or vulnerable as that maintained by the next person.  For, we do not view ourselves; we view the world around us, and especially our peers, neighbors, coworkers and extended families, and it is by judging the stability of our surrounding environment by which we determine the security of our own lives.  That is why when a person becomes disabled, it threatens the relative peace and security of supervisors and coworkers within the agency, and they react accordingly.

In advising Federal and Postal Workers throughout the process of filing for Federal Disability Retirement benefits, whether under FERS or CRS, through the U.S. Office of Personnel Management, the question which is often asked is the timing of when to inform one’s Supervisor as to the intent to file for Federal Disability Retirement benefits.  Unless there is a compelling reason to do so, the time to inform should normally coincide with the actual event of filing, unless there is a valid reason to preemptively inform the agency.

The reaction of an agency is rarely different is substance from one’s neighbor or relative; the disruption of one’s antiseptic and ordered life is seen when a blemish occurs upon the landscape of a cosmetically airbrushed photograph.  When a slight rumble is heard, one looks immediately to the domino standing to the fore and the aft, in the known language of shipmates drifting rudderless in the vast sea of our own making.

Sincerely,

Robert R. McGill, Esquire