Federal Disability Retirement: The Misfit

The herd mentality must of necessity have a survivability factor; otherwise, there is little to explain the illogical repetition of the historical recurrence of human folly for behavioral anthropology.  In the modern era, being “different” is a sign of rebellion, and the cultural tidal wave of the Sixties in altering the normative landscape of music, art, religion and social customs, revealed the pinnacle of self-destructive behavior — until it became clear that being a misfit itself was merely the convention.

Behaving “normally” means that one does not make “waves”; in a highly bureaucratized society, the importance of non-innovation and complete compliance is regarded as sacrosanct.  Loud, boisterous behavior; conduct outside of the normative inflexibility of societal perspectives; that which is acceptable as quirkiness or eccentricities, as opposed to destructive explosions of tendencies bordering upon insanity; the invisible line between the misfit and clinical commitment to a psychiatric facility is a thin reed, indeed.

Often, however, it is uncontrollable circumstances which impose upon an individual the unwanted label of being an “outsider”.  Medical conditions often have a tendency to promote such a state.  It is like being labeled a plague-carrying contagion by the CDC; once whispered, the rumors begin to spread.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, being labeled a misfit becomes a “given”. Others begin to shy away from an association; some are told bluntly not to have contact with “that one”.

Loss of normative acceptance within any community or society is an important factor for success; somehow, despite all of the legal safeguards, EEO regulations and protective statutes applying to disabled individuals, the herd mentality of yore nevertheless prevails.  For Federal and Postal workers, the only pragmatic exit is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Is it a retreat or an escape?  Not really; rather, just a means of looking out for one’s own best interests.  The medical condition itself should always be paramount in considering one’s life; attending to it properly means that one must have the time and energy to treat the underlying malady; and continuing in an employment atmosphere where acceptance is avoided, and empathy is rare, is also an unstated definition of engaging in self-flagellation.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Using the Legal Tool

A word of wisdom:  generally, it is not a wise endeavor for applicants who are not lawyers, who file for Federal Disability Retirement benefits under FERS or CSRS, to make legal arguments.  I have seen the end-product of such results, and have concluded that they are more-often-than-not, harmful to the case.  Most legal arguments are formulated through years of discretionary application based upon extensive research and experience in a given area of law; and the discretion that must be used is not always intuitively obvious.

As an example, there are cases where it is entirely appropriate to submit the VA disability rating as part of the Federal Disability Retirement application, as supplemental documentation in support thereof.  However, determination concerning the importance, impact and significance of relying upon such information must be discreetly assessed.

Yes, there is “case-law” concerning the persuasive authority of VA Disability ratings.  However, the practical legal aspect of utilizing such ratings must be carefully considered, based upon numerous factors:  while the combined rating may be higher, what are the individual percentages?  Are each high enough to warrant persuasive argumentation?  Could closer scrutiny of the individually ascribed ratings be more harmful to one’s case?  Is the rating (and each individualized break-down) discussed in medical terms in the VA records?

Ultimately, the individual who files for Federal Disability Retirement benefits without an attorney must rely upon himself or herself, and the wisdom of one’s own counsel.  Whether that is wise or not, I leave to each individual.

Sincerely,

Robert R. McGill, Esquire