In everyday, common and familiar usage, what does the word “accommodations” mean? It is to go out of one’s way in order to meet the needs of someone else. It is to try and allow for another person to fit in, to find comfort or to be allowed to remain even though some extra effort may have to be expended.
In legal terms, especially in Federal Disability Retirement Law under FERS, the term “accommodations” has a similar meaning and import. It is that “something” which the Federal Agency or the Postal unit must do such that a person who suffers from a medical condition or disability can continue to perform all of the essential elements of one’s Federal or Postal job. It may well be that the Federal Agency or Postal Service is unable to accommodate the medical condition and, try as they might, a determination and conclusion is made that no such accommodations exist, or can be allowed for, because of the nature, extent and severity of the medical condition itself.
The “accommodation” question is one of the hurdles that must be overcome in a Federal Disability Retirement application.
It is a complexity in Federal Disability Retirement Law that poses many problems and greater questions. Is the accommodation permanent or temporary? Will it allow for the Federal or Postal worker to perform the essential elements of his or her position? Can a future supervisor “take back” the modification allowed for, or does it become a permanent feature of the position description?
These and many other questions surround the issue of agency efforts for reassignment and accommodations, and in order to obtain clarification and move forward in a Federal Disability Retirement application, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement: Faking it
We often judge the complexity and sophistication of a species by evaluating the extent of negative capacities. Thus are humans considered to be advanced creatures because of the capability of lying, subterfuge, dissimulation, pretense of behavior, and other such undesirable characteristics. But other species can “lie” as well, if one accepts faking matters and circumstances as constituting that sort of advancement of evolutionary behavior.
Predators can “act like” they are asleep, or even dead or noticeably unaware, in order to lure the prey into a somnolence of cautionary approach. Birds can mimicry others; and chameleons can adapt and change in order to engage in subterfuge. But the true test of sophisticated advancement is the ability to defy an inevitable reaction to a cause, and to simultaneously suppress it. As pain is a natural alarm system which the body necessitates a reaction to, so the act of concurrently concealing it requires an enormity of self-discipline rarely found in species other than in humans.
Federal employees and U.S. Postal workers who suffer from a medical condition engage in such subterfuge on a regular basis. Whether in attempting to extend one’s career for a period greater than self-interest, or of necessity to survive among the pack of hyenas comprised of Federal agencies, their cohorts and co-conspirators, the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, faking it becomes a daily routine requiring self-containment and discipline of an extraordinary capacity.
Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an avenue of relief where the threshold and intersection between concealment and level of pain can no longer be tolerated. It is the exit by which Federal and Postal employees find where once there was none. For, in the end, the predator wounded and laying in wait for the injurious cause to approach with lesser caution, in order for the prey to become the aggressor, the danger is that one may wait too long and bleed to death, and unknowingly reverse the intended fortunes of the day.
Sincerely,
Robert R. McGill, Esquire
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