Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire

 

The Law of Salvage and Federal Disability Retirement Compensation

The concept is derived from maritime law, where recovery of ship or cargo at sea left to abandonment and forfeiture should be duly compensated of a value commensurate with the worth of the property salvaged.  The ocean is a perilous expanse, fraught with dangers encompassing weather, treacherous beneath-the-surface terrain, and potential piracy; and it is within this context of the magnitude of dangers to be faced, that the equitable principles of maritime law are applied. And isn’t that what one must do in most phases and contexts of life?

The measurement of future potential consequences, compared as against the benefit to be received, the compensation considered, which should determine the value of the services rendered.  Thus is a lifetime annuity measurable, not only in terms of the net amount, but also taking into account the economic stability which it promises, the future security it provides, and the potential for a life allowed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, must be viewed in this light; for the benefit to be received is almost immeasurable:  Beyond the annuity amount itself, it provides for the capacity of the Federal or Postal worker to be compensated in order to attend to one’s medical condition; the time that one is on Federal Disability Retirement counts towards the total number of years of service, such that when the Federal Disability Retirement annuity is recalculated at age 62, those years one was on Federal Disability Retirement counts towards the total number of years of service; and while one is receiving Federal Disability Retirement, one may work at a private sector job and make up to 80% of what one’s former position currently pays; and many, many other benefits and factors to be considered.

Medical conditions tend to create havoc, and leave an appearance of a life left in tatters; but Federal Disability Retirement is a benefit which can bring about a stabilizing force of foundational security; and just like the Law of Salvage in maritime law, consideration in filing for Federal OPM Disability Retirement should be commensurate with the value to be received in salvaging one’s livelihood, career, and future contentment.

Sincerely,

Robert R. McGill, Esquire