Federal Disability Law Firm: The Fear of Change

The concept of a person, of what constitutes the differentiating identity of person X as opposed to Y, or multiple others, derives from the Greek etiology of “persona” — of actors on a stage wearing costumes and masks, and able to portray a certain character in mostly tragic narratives entangling gods, men, love and jealousies.

It is those differing masks which we put on — of the joyful father, the loving husband, the implacable worker, the tireless servant, and so many others — which in their constituted composite, represent the personhood of who we are.  It is also, sadly, the interference and uncontrollable crisis which begins to fracture and break apart the very essence of being of a person.  Medical conditions have a tendency to do just that. For, the pervasive and insidious nature of a medical condition crosses the lines of the multiple masks which we wear, and begin to sully the demarcations and sharp divisions of character.

For the Federal employee with a disability who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERs or CSRS, the invasive intrusion, unsolicited, unwanted and uncalled for, of a medical condition, may involve the sudden realization that priorities must be reordered and reorganized — not the least of which, work, the mission of the agency, and the divergent interests of what is best for one’s self as opposed to that of the Federal agency or the U.S. Postal Service.

CSRS & FERS Disability Retirement benefits allows for the recapturing of one’s personhood when it is most needed; and while every Federal employee and Postal worker who suffers from a medical condition must still put on various masks in playing the role of life, it is the one born of tragedy which must be put aside, by filing for OPM Disability Retirement benefits in an effort to change the inevitable conclusion of a Greek tragedy.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Unwanted Change

Stability is what we seek; yet, with stability comes habituation and a staid routine of repetitive boredom.  Adventure, excitement and stimulation; these come at a price, and so we revert and remain in the cocoon of safety, daydreaming of that potential, other-worldly experience, but only if it can be attained under certain circumstances within our control.

That is the anomaly; change is often desired, but only with certain prescribed and proscribed stipulations within our control.  Unfettered change is to enter into the unknown, and therefore unwanted.

That is why medical conditions which impact one’s daily life is unwanted; not only did we not ask for it, and not only is it a burdensome change which forces one to rethink the course of one’s future; it is an experience into the abyss of the unknown.  It is an unwanted change precisely because it suddenly, and often irreversibly, mandates an alteration of course.

For the Federal and 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 positional duties, serious consideration should be given to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Whether under FERS or CSRS, Federal Disability Retirement is an employment benefit offered to all Federal and Postal employees.

In the midst of turmoil and change, it allows for a return to the landscape of stability by providing for a base annuity, and a change to engage a second, alternative vocation.  Medical conditions are unwanted changes, and the control which one seeks within the turmoil of life is often found by attaining a further change beyond that unwanted one.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Agency Adverse Actions

Agency actions of an adverse nature seem to go hand-in-hand with filing for Federal Disability Retirement benefits under FERS & CSRS.  If one pauses for a moment, one can easily understand the underlying reasons:  Medical conditions often result in attendance problems or impact the ability of a Federal or Postal employee to perform all of the essential elements of the position.  Disability Retirement eligibility is precisely that which attempts to prove the latter point — of the impact upon one’s ability to perform all of the essential elements of the positional requirements.  

Thus, when attendance, performance or conduct concerning the positional requirements become an issue, the Agency will often begin initiating adverse actions — ranging from instituting a “Performance Improvement Plan” (PIP), memorandums of warnings, suspensions, and removals.  While adverse actions reflect negatively by their definition, the positive aspect of such adverse actions, in combination with Federal Disability Retirement, is that the adverse action, having the underlying basis of resulting because of one’s medical condition and because of one’s medical inability to perform the essential elements of one’s job, can actually be used to argue for a FERS or CSRS Disability Retirement approval.  As with most of that which is “true” in life, the irony of this cannot be overlooked.

Sincerely,

Robert R. McGill, Esquire