Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from a medical condition, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a medical condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Lawyer: The Wear of Medical Conditions

Some words have constrained, limiting and restricted meanings, available only in esoteric whispers of academic thunderings; others, of common and every day usage, but through monotony of repetition and sheer ordinariness, loses any luster of royal patronage; and yet others, because of the expansive and varied contextual applications, can be applicable afresh, when needs require service of exposure.

One can “wear” clothing; “wear” glasses or a smile; or pass the time tediously, as in, “The minutes wore onward with a tired sense of sadness”.  The word applies also when a person or object begins to diminish, to fatigue, or to slowly fade.  Medical conditions tend to do that, like worn furniture in a house dilapidated by time, where the tiredness of untempered souls and toils of life’s encounters begin to tear at the timeless tokens of tapestries, and one begins to give in to fatefulness.

For Federal employees and U.S. Postal workers who wear the face of normalcy, but who must contend not only with an underlying medical condition, as well as the hostility of a workplace and a world which grants no empathy, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often seen as a surrender of sorts, a wearing of the proverbial white flag, and an admission and acknowledgment that time has worn the welcome of a bright future.

The wear of medical conditions indeed warrants a respite from the world of turmoil, and a more positive outlook is to simply grant the world its due, and instead to realize that filing for Federal Disability Retirement benefits is merely to access an employment benefit which is merely part of the larger employment compensation package signed on to at the beginning of one’s Federal or Postal career, and in accessing the benefit, as nothing more than to assert what is available.

To contend with the wear of a medical condition is a weary challenge; to wear one’s welcome is to withstand unnecessarily.  Wisdom is to recognize one’s time and to wear the wisdom of time when welcomes wither.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Law: Causality

Worker’s Comp requires it; Social Security disregards it; and OPM Disability Retirement shifts the issue into a different arena.  “Causality” encapsulates the relationship between two or more events, where one is thought to result from another, or put a different way, where “responsibility” for a given effect is attributed to a prior conditional occurrence fulfilled as sufficient to warrant as being the “cause” of that event.

In a Federal OWCP case, administered through the Department of Labor, one must prove that the injury or medical condition was “caused” as a workplace incident or occurrence, such that the “event” occurred or was somehow connected to the employment itself.

For Social Security Disability cases, causation is normally not an issue, since the basis for eligibility is not concerned with any singular event, but rather, whether the person filing for Social Security Disability benefits meets a standard definition of being “totally disabled” from gainful employment.

For Federal OPM Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the issue is not one of causation, but rather, the relationship between one’s medical condition and the attributable impact upon one or more of the essential elements of one’s job.

Thus, there is, in a different sense, a case of causality to be made, but the relationship between A and B has shifted, where it matters not “how” it occurred, but rather, “whether” the medical condition prevents (causes) one from performing one or more of the essential elements of one’s job.

In the end, causation in a Federal/Postal Disability Retirement application is irrelevant in the traditional sense that one normally accepts, but the shifting focus of causality is important to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire