Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need 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 Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Until Sickness, Death or Getting Fat

It was once that marriage vows were viewed as sacrosanct; inviolable promises made, endured through hardship, bilaterally seen as a partnership made in heaven.

Then, of course, “no fault” divorces became the fashion; fashion itself (or lack thereof) was a grounds for de-coupling or un-coupling (it is difficult to keep up with the modern vernacular and introduction of new-age language); and so people began to “drift apart” and expunge from such eternal vows undesirable concepts such as “death” or “sickness” (for, as marriage ceremonies are supposed to be “happy” occasions, why insert such negative vibes into the mix?), but implicitly left in the ultimate ground and justification: getting fat (or old, or ugly).

A parallel approach is often taken in the employment arena: your loyalty is expected, but if you fail to produce, you can be terminated.  Whether such pervasive attitudes become commonplace because of the “throw-away” nature of goods purchased and items sold in the universe of commerce, is for social anthropologists to debate; the fact is, the issue can be viewed from both sides: from the employer’s perspective, too many employees jump ship soon after being trained and invested, seeking other opportunities and offers.

But that leaves us in the state of our being and choosing: both in family life and in careers, the fickle and unsteady nature of either reflects the very society in which we participate.

Businesses are rarely run like families — or, perhaps a truer statement these days is that, yes, they are run exactly like families, and quick divorces for the most spurious of reasons are sought and attained.  For the Federal and Postal Worker who finds him/herself with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is a price to pay for being a part of such a fickle system.

Federal employment is merely a microcosm of the greater system of employment encompassing Federal, State and private-sector economies; loyalty is no more precious in one sector than another.

From the Federal or Postal employee’s perspective, Federal Disability Retirement benefits must be an option which should be considered when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job.  From the Federal agency’s perspective, Federal Disability Retirement should be viewed as part of the larger promise of Federal employment benefits contractually offered, and when one partakes of accessing the promise, there should not be any grumbling, complaining, or retribution and retaliatory measures invoked.

But somehow, reality rarely follows the path of rationality.  As such, just as in messy divorces and other venues of uncoupling, one should always be cautious in whom to confide in, what to say, and when to reveal.  Federal Disability Retirement is a benefit accorded to all Federal and Postal employees, whether the Federal or Postal employee is under FERS or CSRS, and is sought and obtained through the U.S. Office of Personnel Management.

While not as sacrosanct as marriage vows of yore, it is also not as fickle or easy to get because one has gained a little weight over the years. As such, any such attempt to file for OPM Disability Retirement benefits should be taken seriously and with deliberate care; sort of like what one should do before heading off to Las Vegas for a quick coupling, or uncoupling, whichever the case may be.

Sincerely,

Robert R. McGill, Esquire