It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies. The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.
In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker. The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.
Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.
We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist. It is no different in the arena of “the law” than in all other categories.
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 “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.
The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.
There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application. While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application? Does the medical documentation sufficiently meet the eligibility criteria under the law? Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?
In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.
Sincerely,
Robert R. McGill, Esquire
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Federal Disability Retirement Benefits: Toxic Associations
At some point, the “distancing” begins. First, a subtle move — not saying “hello”; not answering a phone call; avoiding the places where the usual meetings once took place.
Then, perhaps the prefatory denials: “We weren’t really friends” (an adverb to enhance the denial, but a form of grammatical insertion which is more telling when used than not applied at all); “Oh, I didn’t know him hardly at all”. And then the final nail to the coffin: “Who? The name is not familiar.” Well…how about these photographs which show that you were with him/her multiple times?
Toxic associations can range from the blatant to the subtle; but once the toxicity becomes apparent, the rats begin to abandon ship in droves.
Federal and Postal employees who suffer from a medical condition are often treated as such associations — “toxic” to the extent that they are looked upon as plague-filled individuals who are no longer a member of the “team”. When those allegedly toxic associations begin to be felt — of coworkers ignoring you; of supervisors looking at you with suspicion, etc., it is time to consider filing for Federal Disability Retirement benefits.
Your medical conditions are often viewed as contagious — not in terms of transmitting diseases, but in terms of no longer being useful to the Agency or the Postal service.
Contact a Federal Disability Attorney who specializes in Federal Disability Retirement benefits and begin to disassociate yourself from the toxic associations — theirs, not yours — and file an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.
Sincerely,
Robert R. McGill, Lawyer
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