Federal Disability Retirement: The Price of Good Intentions to Deceive

Can one possess good intentions to deceive?  Such a paradoxical claim would normally constitute what is commonly referred to as an oxymoron, as the concept of “good” would countermand the opposing construct of deception.  Thus, it is not the intention itself which makes for the conundrum, but rather the originating focus of the will to act.

For the Federal and Postal employee who masks one’s medical conditions, whether of a physical nature, a psychiatric condition, or concerning the medications which are prescribed and taken at the direction of one’s medical provider in order to alleviate the symptoms of the condition and perhaps as a palliative measure, the price which one pays for not immediately informing one’s agency may range from nothing, to unforeseen consequences far into the future.

Is it technically “deception” to engage in a negative — i.e., to not immediately inform?  Is there an affirmative duty to convey or otherwise divulge such private information, if the medical condition has not yet become so apparent as to openly manifest an impact upon one’s ability to carry out all of the essential elements of one’s job?

Conversely, does the supervisor and the agency perform a service of “good” if performance ratings continue to reflect superior or outstanding, when more recent work has clearly diminished in volume and/or quality, but because of past performance and an ongoing sense of loyalty, the supervisor wants to just “sign off” by regurgitating past evaluations and assigning a current date?

Ultimately, in a Federal Disability Retirement case, one must at some point divulge the medical condition, if not merely at the time of filing one’s Federal Disability Retirement application through the agency’s Human Resources Department.  The timing of such divulgence, however, can sometimes impact the reactionary impulses of an agency.  In the end, the Agency must complete SF 3112D in response to the applicant’s filing; and whether the agency was previously informed or not, an effort to see whether an appropriate accommodation can be made will become an integral part of the process.

From the perspective of the U.S. Office of Personnel Management, the issue of timing — of the good or neutral intentions of the applicant — rarely comes into play.

As for any “deception” involved, the only one who would be harmed by any such intention would be the one who bravely attempts to continue working through the pain of the condition itself, and the harm which continues to progressively deteriorate the Federal or Postal employee who attempts to perform all of the essential elements of one’s position.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Cost of a Veil

Veils are meant to conceal, either in part or in full; and the color of such concealment is of significance to indicate the state of sacrament or ceremony.  Apart from religious significance and communicated traditions, however, most veils themselves are neither visible nor apparent, but rather silently form a conspiracy of covering up and setting aside, like backyard refuse and debris in the corner shed or behind the closed door of a garage.

Physical pain can be veiled; aside from an involuntary twitch or wince which might provoke the onlooker to make a query, or a sudden gait dysfunction which, no matter how hard one tries to correct, forces the stiffening of one’s limbs or spinal column.

Psychiatric conditions may be more difficult to conceal; from explosive emotional turmoils rendered by Bipolar Disorder, to the uncontrollable lethargy impacted by Major Depression; to the paralyzing effects of a panic attack or Generalized Anxiety Disorder; the human psyche is often the first to reveal itself as the gateway to a malignancy.

But beyond the human capacity to conceal and place a veil upon one’s life, what is the cost of such concealment?  It is the further downward spiral; and, perhaps one’s employing agency never notices the invisible veil, and grants superior performance reviews; but through it all, at the severe and irreparable cost to one’s health.

For the Federal and Postal employee who lives and works with the constant veil of fear in being exposed with a medical condition which prevents one from performing all of the essential elements of one’s job, Federal Disability Retirement through the U.S. Office of Personnel Management is an option which should be seriously considered.  Whether you are under FERS or CSRS, the base annuity will allow the Federal and Postal employee to lift the veil and proceed forward with one’s future, perhaps into a second, alternative vocation.

And as a final note:  there is in most cultures a great significance in the human act of lifting one’s veil — to reveal that which is beneath, and to come out from behind the concealment.  It is often a sacramental act, and one which allows for revelatory exposure, out from under the darkness and into the full light.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Impending PIP

The Performance Improvement Plan (otherwise known by the acronym, a “PIP”) is the formal imposition of an administrative procedural process to “assist” the employee into improving his or her specific work requirements, or for modification of certain behavior issues.

From the Federal Agency’s perspective, it invokes a paper trail which will justify additional future actions, if necessary.  From the Federal employee’s viewpoint, it should serve as a warning that unknown other conversations and discussions have been ongoing, and the PIP is merely a surface revelation, with much underworld life and activity unrevealed but indicated by the issuance of the PIP.

If a medical condition is a large part of the reason why underperformance and poor performance justifies the issuance of a PIP, then revelation of the medical condition in response to the PIP should be considered.

Concurrently, because a PIP is an open and declared step towards ultimate and likely termination — especially when the physical or mental condition will continue to prevent the Federal employee from being able to meet the requirements of the PIP — it is a good idea to begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, submitted to the U.S. Office of Personnel Management.

Being a sitting duck merely means that you are the target in a shooting gallery; before your turn comes up, it serves the Federal and Postal employee well to chart one’s own course before it is determined for you.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Supervisors, Performance, and Other Matters

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS (although the latter is increasingly becoming a rarer animal, almost to the point of extinction, and has been recently annotated on the “endangered species” list), the concern of many Federal and Postal employees often centers around past performance reviews (a history of “outstanding” performance, etc.), the potential statements of the Supervisor on an SF 3112B, and similar issues.

What the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits fails to understand, is that the reason why he or she has reached that critical juncture where Federal Disability Retirement must be considered, is tied directly to that long and commendable history of outstanding performance.

To put it bluntly, the Federal or Postal employee who has done his or her job so well over the years, has killed him/herself in doing it.  That is why the medical condition has not improved; that is why the progressively deteriorating process, whether of a physical nature or of a psychiatric bent, has reached its critical mass, and one cannot go on in the same manner, any longer.

It has come to a point of a necessity to file for Federal Disability Retirement benefits.  It matters not what one’s history is; if one cannot perform one or more of the essential elements of one’s job, then it is time to file; regardless of what one’s performance history is, or what one’s Supervisor’ Statement may potentially reflect.

Sincerely,

Robert R. McGill, Esquire