OPM Disability Retirement Lawyer: Life’s Dispensation

It is often a word which is accompanied with the adjective, “special“, as in “special dispensation”; but a close review of such a phrase would reveal the redundancy of placing the two words together.  For, to have a dispensation is to be offered a unique situation where one is already exempted from the usual and customary rules applicable; and to insert the adjective, “special’, adds little to the exclusionary nature of the occasion.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where the medical condition is beginning to impact one or more of the essential elements of one’s positional duties occupied in the Federal sector and U.S. Postal Service, it is the disability and medical condition itself which gives rise to the dispensation requested, demanded or otherwise warranted.

That is precisely why resentment, hostility and exclusion occurs as a reactionary response by the Federal agency or the U.S. Postal Service: because special treatment outside of the normal rules of employment tend to engender such negative responses.

Filing for FMLA; requesting an accommodation in order to continue working; becoming entangled in EEO Complaints, grievances and the like — they all set you apart, and require actions outside of the normative parameters of daily relationships within the employment sector.  And that ultimate reaction by the agency, of “sticking it to the guy” even when it involves a medical condition impacting one’s employment and livelihood — one wonders, how can others be so cruel?  It is justified precisely through the psychology of the “herd mentality“, reduced to its most natural form in a single question:  “Who does that guy think he is?”

For Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, it often becomes necessary to follow up with the ultimate dispensation of that which one’s employment offers — that of filing for Federal Disability Retirement through the U.S. Office of Personnel Management.

It is not always the case that an employment package offers an annuity which (A) provides for continuation of insurance benefits and (B) allows one to work in a different vocation while receiving the annuity; but Federal Disability Retirement allows for both, so when the situation arises and there is a dispensation which reveals a solution to a problem, it is indeed a special circumstance which should be recognized as such, while ignoring the redundancy of life’s tautology.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Medical Retirement: Kaleidoscopic Clash

The watchful eye of the human animal is quite different from that of other species; for the human interaction and interpersonal encounters bring together the complexity of past histories and memories; of present foibles as uniquely colored by one’s past; and always of projected future concerns and anxieties.  It is this admixture of kaleidoscopic clashes, where the past, present and future become wrapped into a tightly knotted ball of human thought, that the peculiarities of human personalities intersect with the needs and wants of societal conflicts.

Dickens was a master at describing the eccentricities of humanity; today, one wonders whether such straying from convention and normative confinements are allowed; or perhaps they are hidden, with barely a hint beyond superficial discourse as revealed on social media, but where heinous crimes are better concealed and the universe of sociopaths are scattered within the dungeons of private basements and base minds.

Is it because of the repressive nature of a seemingly open society that subtle meanness and baseness of spirit prevails?  One can witness it pervasively in the workplace; and, indeed, the greater the need for laws and restrictions, the manifested cruelty will find corners of inconspicuous outlets, like ratholes gnawed in the baseboards of concealed crimes. The worst of humanity always seems to reveal itself when the best is required.

For Federal employees and U.S. Postal workers who are in need of sympathy, compassion, empathy and understanding, when a medical condition hits them at moments of mid-career and accommodations would potentially lengthen an otherwise promising future with the Federal agency or the U.S. Postal Service; it is then that Supervisors, Managers, coworkers and the entire bureaucratic apparatus of human baseness seems to erupt.

Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s position, becomes the brunt of human complexity.  Perhaps human compassion exists, but we are too busy to reveal it; or that misunderstandings occur, and the grounds for explanatory eloquence is wanting; but whatever the reasons, the protective shields of legal applications have failed to adequately provide assurances.

Fortunately, there is the option for Federal and Postal employees to seek an “out” by filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  How one presents one’s Federal Disability Retirement case as described and delineated on SF 3112A (Applicant’s Statement of Disability), and in any legal memorandum one files to accompany the justifying basis in law of eligibility for OPM Disability Retirement benefits, is all-important, and must be considered in light of collateral issues and parallel forums involving hostile work environments, EEO complaints, grievances filed, etc.

It is, indeed, this kaleidoscopic clash of separate entities of conflicting combinations, which must be sorted through in order to effectively present a persuasive Federal Disability Retirement application.  Within the complex context of intersecting personalities, where the past, present and future come together in a cauldron of human conflict, it is important to have the advice and consultative opinion of an objective perspective in the preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire