FERS Disability Retirement: The Meaning of Incompatibility

We hear the word often — used in conjunction with “irreconcilable differences” (in a divorce proceeding), or perhaps in an electrical engineering context where voltages and circuitry are “incompatible” with this or that mainframe, or some similar language game involving technical issues which don’t work well together.

It is a peculiar word; stated in a certain way or tone of voice, it is a declaration of finality, as in, “Nope!  These two [blanks] are incompatible!”  And ascribed to human beings?  How about: “Jane and Joe were married for 20 years.  They have separated and are going to get a divorce because they are no longer compatible”.  Does the phrase, “no longer compatible” mean the same thing as being “incompatible”?  Can two people, like two components of some mechanical processes, become “incompatible” when previously they were not?  Are people like widgets where parts can be irreplaceable in one instance, but are no longer so in the next?

It is, as well, a legal term.  In the field of Federal Disability Retirement Law, incompatibility is the “fourth” criteria that can be met if the first three (deficiency in performance, conduct or attendance) cannot be satisfied in a Federal Disability Retirement case.  Some medical conditions cannot so easily be described in terms of a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal job that cannot be met.

In their aggregate and totality, the compendium of medical conditions may have come to a critical juncture where they are no longer compatible (i.e., incompatible) with continuation or retention in the Federal Service, and that is when filing for Federal Disability Retirement benefits through OPM becomes a necessary function of one’s future goals and plans.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: A Wound Unhealed

They can remain hidden for a time.  If kept clean, it can even be contained.  If of a psychiatric nature, it will likely manifest itself under certain circumstances; and, of course, stress can play a major role in its exacerbation and magnification.  A wound unhealed can fester and worsen; and the deteriorating nature of its state of non-attendance can become chronic and debilitating.  A wound unhealed; it can be ignored for a time, concealed and even allowed to remain — at least for a limited period.  But then others begin to notice it; it becomes an interference; it continues to expand and intrude.

For Federal employees and U.S. Postal workers who suffer from a medical condition — like a wound unhealed — such that the medical condition begins to interfere with one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it may be time to take the path of healing and consider filing for Federal Disability Retirement benefits.  Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and begin to attend to the growing, expanding condition that continues to gnaw and fester. The alternative is to continue to allow for it to remain unhealed, until that time when it becomes an emergency.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

For Federal employees and U.S. Postal workers who suffer 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 one’s Federal or Postal job, the issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire