Tag Archives: suing the postal service for emotional distress while pursuing opm disability retirement

Postal and Federal Disability Retirement: Fault Lines

In Geology, fault lines involve plate tectonic forces and planar fractures which reveal significant evidence for causes of earthquakes and help in determining and predicting areas of subduction zones and active faults which likely will result in future major earthquakes.  Movement, activity, fault? Sounds familiar. The anthropomorphic language, where we attribute human characteristics to inert matter, is a reflection of the beauty and elasticity of language.

For Federal and Postal employees engaged in employment disputes, and where medical conditions often underlay the seismic reverberations resulting from adversarial encounters between Supervisors, Workers and Agency cohesiveness within the greater context of asserting power and authority, often the wrong focus and engagement of the issues will result in greater calamities than was necessary if the issues were properly narrowed and pragmatically determined.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, OPM Disability Retirement may be the option most viable in solving an ongoing issue.  Filed through the U.S. Office of Personnel Management, it is a benefit accorded to all Federal and Postal employees, whether under FERS or CSRS.

In Geology, proper and precise location of fault lines may be crucial in determining essential predictive accuracy of seismic tectonic shifts; in human affairs, it is often not the fault lines which matter, but how to maneuver around them.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

    

Disability Retirement for Federal Workers: Loss of Empathy

Does it establish the existence of empathy if a person asks after someone’s health or wellbeing?  If, in the next moment, the querying individual does something which would constitute “backstabbing“, does it negate the previous sincerity of the asking?  Is there a numbing effect upon a generation of individuals who have engaged in daily role-playing through video games which defy a conceptual designation of “virtual reality“, and for the most part serves to be the “real” reality for most?

Is empathy a lost virtue; is virtue even a meaningful concept in this day and age; and if lost and not, does it make a difference at all?  Or has human nature been consistently mean and low throughout the ages, and any romantic semblance of a Shakespearean view (paraphrasing, here) that man is the paragon of animals and somewhat akin to the angels, is merely a profoundly meaningless statement of reminiscences long past?  And what impact does such foreboding hold for individuals with medical conditions, especially in the context of employment?

For Federal and Postal employees who suffer from a medical condition, whether under FERS or CSRS, there is fortunately the default option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fortunately, such an option does not depend upon the empathetic character of fellow human beings, leaving aside other Federal or Postal employees.  Instead, Federal OPM Disability Retirement benefits are completely dependent upon “the law”.  This is as it should be, as opposed to the fickle character of individuals who sway to and from as the unstable emotions of individuals may change from day to day.  It is ultimately the law which one must cite, rely upon, and use both as a shield and a sword.

As for the lost generation of empathy: Let the laws governing Federal Disability Retirement determine the outcome of that forecast, as laws last somewhat longer than the fickle character of human beings.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Ties that Bind

Often, the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is involved in, or considering such involvement in, collateral or ancillary actions against the Agency or the U.S. Postal Service.

Litigation is a difficult road to travel; both in terms of emotional drain and financial commitment, a successful EEOC action or some form of lawsuit against a Federal Agency, can take a tremendous toll upon the Federal or Postal employee engaging in such parallel legal universe.  Further, when a medical condition is involved, the ability of the litigant to engage in the protracted, emotionally and physically draining garbage pit of depositions, discovery and endless demands of a Dickensian “Bleak House” endeavor, can detrimentally impact one’s health and ability to recover.  Justice has a high price; perhaps that is why it is rarely achieved.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the engagement of collateral legal avenues often reflects a complex history of an adversarial relationship between the Federal or Postal employee, and the Federal Agency or the U.S. Postal Service.  Yet, such ancillary litigation is often anathema to obtaining Federal Disability Retirement and in many ways defeats the purpose.

As part of the review of the entirety of the process, it serves you well to consider the toll of such collateral litigation once the Federal or Postal employee files for, is waiting for, or receives a Federal Disability Retirement.  At what price, and to what end?  Or is it a tie which continues to bind, and merely squeezes the life that is left?

Sincerely,

Robert R. McGill, Esquire