Medical Retirement for Federal Government Workers: Sides (Part II)

Side orders are meant to compliment the entree; there are specific types of appetizers and addendum dishes which enhance the culinary delights, and those with more sophisticated and refined salivary receptors tend to make a magnified fuss about such issues, especially in posh restaurants where a display of the proper matching of manners, wines, menus and side orders are embraced with an upturned nose of superiority and a disdain for those who fail to follow the propriety of civilized society.

Choosing sides and the ability to do so, tells much about a person.

In restaurants, furtive glances are often exchanged when a person attempts to order in the original language of the cuisine; in sports, from an early age, choosing sides reveals one’s fealty, and ingratiating self-to-popularity by excluding those who are are estranged from the inner circle of cliques is the safer route to take.

Coordinating loyalties from an early stage in one’s career is merely an extension of both — of choosing the “right” sides to the entree of one’s profession.  For the Federal and Postal employee who begins to suffer from a medical condition, such that the medical condition begins to impact one’s ability to perform the essential elements of one’s job, the warning signals begin to blare early on.

Old loyalties begin to fray; more recent touches of camaraderie quickly crumble; and what we did for the supervisor, or that major project that we worked late nights for months on endless turmoil which resulted in accolades for upper management — and a satisfying pat on the back for the underlings — are all forgotten.  Clear lines to bifurcate which side you are on, fade with time.  During the 7th inning stretch, the white powder may have to be rolled upon the diamond again, to reestablish the boundaries of the game.

But for the Federal and Postal employee who dares to allow for a medical condition to impact the “mission of the agency”, and to begin to prepare to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the rules of the game itself begin to change radically.  No longer are there boundaries of proprieties; side dishes are not served to compliment, anymore; and there is no one left to be a part of your team.  You have now become the pariah, the outsider; the one estranged from the rest, while everyone else watches you with gleeful betrayal.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Sides (Part I)

Was there a time when moral order, social propriety and conventional codes of conduct were bifurcated in such clear and identifiable demarcations, such that everyone knew the rules and roles by which to abide?  Or were there always overlapping and invidious borders which constituted conditional conundrums?  Movies of the old west are still enjoyed today, if not merely for entertainment, then for the simplicity of identifying the differentiation between good and evil, where the grey dawn of loss of certitude is rarely implied.

People take “sides” each and every day, but the lack of verifiability in determining who stands for what, and what issues are truly worth standing up for, has become a problem of infinite and exponential magnification of wide and confusing latitudes. There are some things in life where privacy must be guarded with the utmost of heightened protective instincts. “Choosing sides” is something we all learned in school; how we choose, and what titers of alarms we utilize, is all the more important when it comes to personal integrity and future security.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of who our friends are, will quickly surface during the process.  Identifying the adversary is thought to be an easy process; thinking that a supervisor or coworker is a “friend” to be relied upon, is a more daunting and dangerous endeavor.  That is where the confidentiality of an attorney can be helpful.

The beauty of old films and archaic cowboy movies, is that the black-and-white film footage clearly and unmistakably identifies the man in the white hat.  That is the “good guy”.  Within Federal agencies, such clear identification for the Federal or Postal Worker who begins the process of preparing, formulating and filing for Federal Disability Retirement benefits, is a rare occasion.

Choosing sides is important.  How one chooses; whom to rely upon; what advice to follow; all are confusing conundrums within a complex world of backstabbers, betrayals, and agencies populated by those who seek to become the next Lady Macbeth.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: A Wrong Sense of Shame

Having a sense of shame can reveal a heightened level of moral superiority; but as with all things emanating from the Good, those who lack a sensitivity to propriety will take full advantage of a misguided loyalty to ethical conduct.  Work and a duty to one’s vocation is a guiding principle for most Federal and Postal employees.  That is precisely why filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, is anathema to the Federal and Postal employee.

The committed Federal and Postal employee often has a warped and misguided sense of his ethical duty to work, and will allow for a medical condition to continue to exacerbate and debilitate, at the expense of one’s deteriorating health, all for the sake of commitment, devotion, and high ethical sense of duty to one’s mission for the agency.

Supervisors and managers recognize this, and take full advantage. But the Federal and Postal employee must by necessity understand that Federal Disability Retirement is a benefit accorded to all Federal and Postal employees precisely for the underlying reasons offered: When a medical condition impacts one’s health such that one can no longer perform all of the essential elements of one’s job, the benefit of Federal Disability Retirement is meant to be accessed precisely because it has always been part of the benefits package for all Federal and Postal employees, whether under FERS or CSRS.

Commitment to a mission is indeed commendable; blind devotion at the expense of one’s own health is somewhat less so — unless one counts the sneering approval of agencies who see such sacrifices as mere paths to the slaughterhouse.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Agency Stubbornness

The quality and characteristic of “stubbornness” encompasses a refusal to be persuaded by logic, reason, or any other similarly acceptable criteria of linguistic methodology normally employed in discourse, conversation or discussion on a matter.  Federal Agencies and the U.S. Postal Service are both equally notorious for retaining, maintaining and adhering to such a characteristic, and that is true in circumstances involving termination, medical disability, and agency actions governing administrative actions and sanctions, whether neutral or punitive.  

Often, because a Federal or Postal employee who suffers from a medical condition will need to begin the process of filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, a parallel set of circumstances begins to develop —  more absences; more need to file paperwork requesting leave, whether Sick Leave, Annual Leave or Leave without Pay; and the concurrent events which begin to coalesce involve the conflicting needs of the Federal or Postal employee and the requirements of the Agency to continue to meet and accomplish the goals of Federal Service.  

The result is often one of adversarial clashing:  a removal action by the Agency; potential loss of Health benefits (more often than not temporary, but nevertheless of concern) for the Federal or Postal employee; a rush to file for Federal Disability Retirement benefits; a sense of “emergency”; a stubbornness on the part of the Agency in its adherence to remove the Federal or Postal employee once its heels have been “dug in”.  

It is important to try and address such issues and attempt to head them off in as predictable a fashion as possible.  However, when such a clash between Agency interests and Federal or Postal employee needs come to an inevitable confrontation, it is important to at least establish a “paper trail” for future use.  Annotating the facts is an important tool to utilize — in shorthand, it is called “evidence“.

Sincerely,

Robert R. McGill, Esquire