Federal Disability Retirement Representation: The defeating question

It is the question itself which is often “telling”; it informs us of where the line of answering and posited queries is likely to take us.  It is like the map that guides in a certain direction, the compass that informs one of the vantage point of one’s existence or the gravitational pull which pulls in order to remain cohesive with other heavenly bodies; the question itself may not even need an answer.

The latter, of course, is referred to as a “rhetorical” one – that which needs no answer, is asked without necessarily seeking a response, and the one that, standing alone in the silence of an unsolicited reflection, cuts deep into the queried subject in order to provoke a contemplative reaction.  But of the “defeating” question – is it ever asked or, if it is, what is its purposive intent and deliberative content?

It is the one that is avoided, and left unasked because the facts, circumstances and surrounding context will almost always already be known to the inquiring mind.  What is the purpose for which it is asked?

No, not to defeat, but rather, to admit to the already-obvious answer that is readily known, by virtue suspected and thus absented and avoided.  Plagues reported, germs suspected and sneezing people avoided, the defeating question is the one that you already know the answer to, but by the mere fact of not vocally articulating it, is intended to remain unspoken and thus carefully avoided.

It is like the neighborhood bully that requires running after school at full speed over fences and back alleys; and like the dog barking in the early morning requiring one or of the other of the spouses to get up and let out, each hoping that the other will think kindly of the fake snoring and each avoiding the direct obligation and love for the animal itself; the defeating question, once asked, is in danger of being answered and therefore brought “out in the open” for no one to ignore, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may require the Federal or Postal employee to prepare, formulate and file 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, the question unasked and avoided, and the one feared as the “defeating question” is quite simply: Do I need to file for Federal Disability Retirement benefits?

Already answered.  The only difference is, what is meant by “defeating”, is often within the purview of the inquiring mind.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Life’s Dispensation

It is often a word which is accompanied with the adjective, “special“, as in “special dispensation”; but a close review of such a phrase would reveal the redundancy of placing the two words together.  For, to have a dispensation is to be offered a unique situation where one is already exempted from the usual and customary rules applicable; and to insert the adjective, “special’, adds little to the exclusionary nature of the occasion.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where the medical condition is beginning to impact one or more of the essential elements of one’s positional duties occupied in the Federal sector and U.S. Postal Service, it is the disability and medical condition itself which gives rise to the dispensation requested, demanded or otherwise warranted.

That is precisely why resentment, hostility and exclusion occurs as a reactionary response by the Federal agency or the U.S. Postal Service: because special treatment outside of the normal rules of employment tend to engender such negative responses.

Filing for FMLA; requesting an accommodation in order to continue working; becoming entangled in EEO Complaints, grievances and the like — they all set you apart, and require actions outside of the normative parameters of daily relationships within the employment sector.  And that ultimate reaction by the agency, of “sticking it to the guy” even when it involves a medical condition impacting one’s employment and livelihood — one wonders, how can others be so cruel?  It is justified precisely through the psychology of the “herd mentality“, reduced to its most natural form in a single question:  “Who does that guy think he is?”

For Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, it often becomes necessary to follow up with the ultimate dispensation of that which one’s employment offers — that of filing for Federal Disability Retirement through the U.S. Office of Personnel Management.

It is not always the case that an employment package offers an annuity which (A) provides for continuation of insurance benefits and (B) allows one to work in a different vocation while receiving the annuity; but Federal Disability Retirement allows for both, so when the situation arises and there is a dispensation which reveals a solution to a problem, it is indeed a special circumstance which should be recognized as such, while ignoring the redundancy of life’s tautology.

Sincerely,

Robert R. McGill, Esquire