Actions and Principles of Federal Agencies toward Their Employees with Disabilities before FERS & CSRS Disability Retirement

Can a person possess a core principle which declares that one should not be cruel to animals, but yet intimidate and harass a coworker?  Is it possible that one can state adherence to a philosophy, but act in ways contrary to such a declaration of fidelity to such a public policy?  Does authenticity and correlation between words and actions matter?

Of course, the simple answer is that hypocrisy has always been rampant throughout history, and one need only look at politics to come to the conclusion that speaking out of both sides of one’s mouth (as the proverbial adage is often conveyed) is a state of being that one can easily live with.  Thus the conundrum: Every and any question which begins with, “Is it possible that…” is one which has already been answered by the whims of history.

Public policy statements which declare that Federal agencies will seek every “reasonable” effort to accommodate an individual’s disability, are replete but often empty, precisely because words are open to interpretation.  And perhaps that is the “out” which many find easily excusable, in justifying the dissonance between words and actions.

Fortunately, for Federal and Postal employees, there is always the viable option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS. It is the “safety hatch” which can be used against agencies and the U.S. Postal Service in order to circumvent that self-contradicting public policy statement that medical conditions which impact one’s ability/inability to perform all of the essential elements of one’s job, will be “accommodated” to the extent that such accommodation is “reasonable”.

Since that which is reasonable is open to interpretation, the reality of retaining a Federal or Postal Worker 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, becomes as rare as that individual who speaks and acts in consistent harmony of fidelity to both.

For the Federal and Postal Worker who suffers from a medical condition, where the impact is felt directly in the workplace, and where the supervisor who kicks his dog in the privacy of his home but volunteers his time with the local SPCA begins to speak earnestly about the “mission of the agency“, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; for, in the end, principles and actions matter when it touches upon one’s personal health, and the need for restorative relief from a workplace which defies consistency of either.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Continuing Confusions

In Federal Disability Retirement law under FERS & CSRS, the issue concerning accommodations can continue to remain a rather confusing area of law.  This is especially true when an Agency allows for an individual, either in the Postal Service (which is becoming rarer because of the prevailing winds of the National Reassessment Program) or in the non-Postal, Federal sector, to remain in a position and perform much of the lighter duties of the job, and to allow for one or more of the essential duties of the job to be delegated to others, or not be performed at all.  Now, such a situation can continue on for years, and there is nothing inherently wrong with such an arrangement (aside from the fact that the other Federal workers to whom such work is “delegated” may grumble and complain about fairness or, more likely, that some of the work is never completed), especially if the work which the injured individual performs is valuable to the Agency — even in such a “light duty” status.  

What must be kept in mind, however, regarding the relevance and significance to filing a Federal Disability Retirement application under FERS or CSRS, is that throughout the entire time-period of being on such light duty, the Federal or Postal worker could have, at any time, filed for Federal Disability Retirement benefits and should have been approved.  This is because such temporary “light duty” arrangements never constituted an “accommodation” under the law, and the Federal or Postal worker was eligible for Federal Disability Retirement benefits regardless of remaining in the “light duty” job.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Years Later, Still On the Rolls of the Agency

The Postal Service is especially guilty of this, but many other Federal (non-Postal) agencies are also “negligent” on the issue of keeping an injured worker on the rolls for years on end.

Often, such “non-existent” Federal and Postal workers receive OWCP payments, or simply go on with their lives while unofficially still a Federal or Postal employee.  Never having been separated from Federal or Postal service, such individuals are still eligible for filing Federal Disability Retirement benefits under FERS or CSRS because the 1-year statute of limitations has not been violated.

So long as a Federal or Postal employee files for Federal Disability Retirement benefits under FERS or CSRS within one year of being separated from service, you have met the statute of limitations.  If you were never officially separated from service, then your 1-year deadline never began.

Sincerely,

Robert R. McGill, Esquire