Those are the only two choices for most of life’s challenges and encounters: To fight for something, or to abandon it completely. Of course, the “middle ground” is often preached — as in some sort of compromise, or to learn the “tools” of “conflict resolution”, etc. But that all depends upon the conflict itself, doesn’t it?
Some issues of contentiousness simply do not accord a middle ground; there is no compromise for the mountain climber inching up the North Face of the Eiger — going back down is just as dangerous as struggling upwards, and so it is to either fight or give up, where the latter results in sure death and becoming a frozen corpse of another defeated detritus.
And in the Animal Kingdom — is there ever an alternative third way? The predator who chases after its prey; flight for the prey is tantamount to a fight — i.e., to “fight” for one’s life by trying to outrun the predator; or, to give up. There is no “rationalizing” with the cheetah or the lion; one cannot “reason” with the predator in an effort to try and dissuade it from devouring you for its lunch or dinnertime meal.
And so it is with the Federal employee or U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — the choice is between fighting for the benefit or to simply give up. There is no middle ground or “conflict resolution”; either the disability retirement is granted in full or not at all.
Further, resignation or termination from the Federal or Postal employment makes the choice as clearly defined in stark terms: continuation in the job is no longer an option, and inaction merely means you have given up because you only have one (1) year from the date of separation to file for Federal Disability Retirement.
If the choice is made to “fight” as opposed to “give up”, then it is best to have an advocate on your side and consult with a lawyer who specializes in Federal Disability Retirement Law. For, if the choice is between fighting or giving up, and the Federal or Postal employee decides to take the former course of action, then give it your best shot by having an attorney who knows the process, cites the relevant law and prepares your case to give you the best opportunity at winning.
Robert R. McGill, Esquire