Tag Archives: the control an injured federal employee has over his or her job after an injury or illness

Federal and Postal Disability Retirement: The Control Factor

Procrastination is Man’s feeble attempt to control the inevitable march of time.  In the midst of a technologically complex world, where we no longer control the advance of events or circumstances which impinge and invade upon our lives, the subjective cocoon we weave to withstand the onslaught of uncontrollable external subjugations will take many and varied forms.

Time, events and actions occurring daily around us continue in their linear course of unfolding revelations without input or necessity from the individual; technology advances without any particular reason or rationale; or so we believe.  But by delaying, we delude ourselves into thinking that we are Masters of our own destiny.

Such an attempt at controlling the inevitable onslaught of that which we have no influence over, is tantamount to an impotent protestation, nothing more than a juvenile “sit-in” like children refusing to eat their carrots or broccoli, although at least in those examples the elements resisted were purportedly healthy for us. What we often fail to understand, however, is that the very attempt to control is often that which is harmful to us.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is often a long and deliberate delay between the onset of a crisis resulting from a progressively deteriorating medical condition, and the preparation, formulation and filing of a Federal Disability Retirement application.

This is the natural course of things.  For, the very factors over which the Federal or Postal Worker has no control over — time, the medical condition, one’s deteriorating health — all serve to impart a sense of loss of destiny.  But to delay and procrastinate will only exacerbate the inevitable; Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is the best step to reach that oasis of rehabilitation and quietude.

But like the child who knows not what is good for one’s self, it is often the rebellious and feeble attempt of Man to control that which is beyond one’s control, which potentially results in the downfall and destruction of one’s future.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Flashpoint

The flashpoint is the temperature at which an organic compound becomes combustible; during the entire time building up to that point, the rising temperature in combination with the chemical reactiveness of the substance was all the while sitting in preparation for the point of ignition; were there options to pursue prior to the point of ignition?  If there had been a change in chemical make-up, then perhaps the point of temperature-to-combination of substance would have altered, where either a higher or lower flashpoint would occur; or, the rise of the temperature, and the rate of acceleration, could have been changed.

Whatever the needed changes in order to avoid the flashpoint, however, one thing is clear:  the options are limited, and any altered states would merely delay the ultimate event of a flashpoint occurrence.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts the performance of one or more of the essential elements of one’s job, the flashpoint of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is an inevitability which leaves the Federal or Postal employee similarly limited options.

One can continue in the mode of life which one finds one’s self in: of the daily treadmill of suffering through the workday with pain, profound fatigue and progressively debilitated emotional turmoil.  Or, one can wait for the Agency to initiate an adverse action, such as a Performance Improvement Plan (PIP), periodic suspensions or reprimands — or removal.  Or, one can begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Limited options do not necessarily constitute a flashpoint of negative consequences; yes, a fire bursting in a home is a tragedy, but then there are controlled fires and even naturally occurring ones in fields of decay which benefit the environment.

It is thus ultimately up to the Federal or Postal employee to determine the point of combustibility, and therefore the timing of the event identified as the flashpoint.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Automatic Pilot

There is the classic story of the man who sued the seller of his Recreational Vehicle:  Having been told that his RV could be driven on “automatic cruise control”, he proceeded to follow the directions, then got up and walked towards the back of the RV in order to make some coffee.  He mistakenly interpreted what the salesman had said, that the vehicle “drives itself”.

While partially true, what he failed to understand is that the “pilot” of the vehicle still needed to steer the vehicle; it was merely the forward motion which was on automatic pilot — not where the vehicle was going.  The two distinguishing features — the “what” of X (the occurrence of a running engine and movement) and the “where” of X (the direction in which the vehicle is going) — should never be confused.

Similarly, the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, should never confuse the fact that he may still have a job, with the danger of not knowing what direction the agency is considering with respect to the employee.

Smiles and inquiries about one’s medical condition are niceties which are often indicators of a deeper motivation.  What the Supervisor “says” in showing concern about one’s medical condition, may betray a directional change which may never be overtly stated.  Waiting to suddenly one day have a collision with the agency may not be the best approach in preparing for one’s future.

While it is true that all Federal and Postal employees have up to one (1) year to file for Federal Disability Retirement benefits through OPM from the date of separation from service, you might consider being the pilot of that endeavor, instead of waiting for a sudden crash with the agency to occur.

Sincerely,

Robert R. McGill, Esquire