Federal Worker Disability Retirement: The Paradoxical Soiling of Sacrament

Can a person enter a religious institution (i.e., a church, a synagogue, etc.) without an intent to worship, but merely as an onlooker, and yet assume the role of a congregant without soiling the sacrament of its grounds? Tourists do that all the time, and perhaps mere “visitors” who desire to “try out” a church or other institution.

Is there a paradox in taking pictures of old Roman grounds of sacred pasts? Do we somehow justify actions by assuming one role (e.g., as a tourist and not a member) without the intent of what is originally meant of the place we visit? Can a person lie to one’s self, or unintentionally deceive others merely be entering a place of worship, or does one declare the status properly by having a digital camera in tow?

Similarly, if a Federal or Postal Worker goes to work without declaring one’s medical condition, and is able to for many years mask and conceal the inability to perform all of the essential elements of one’s job, is there anything wrong with such deception — except perhaps that one is doing grave harm by progressively and purposefully deteriorating one’s own body?

Federal and Postal Worker have a tendency to do that, and in today’s harsh and competitive work environment, holding onto one’s job at all costs appears to be the rule of thumb, until it becomes apparent to everyone around, and lastly to one’s self, that one cannot continue in the same vein, any longer.

In that event, filing for Federal Disability Retirement benefits, whether under FERS or CSRS, becomes the only viable option left; assuming, of course, that one has a body, mind or soul left to enjoy in retirement. But that is always the paradox of soiling any sacrament — especially the sacrament of one’s own body.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Price of Good Intentions to Deceive

Can one possess good intentions to deceive?  Such a paradoxical claim would normally constitute what is commonly referred to as an oxymoron, as the concept of “good” would countermand the opposing construct of deception.  Thus, it is not the intention itself which makes for the conundrum, but rather the originating focus of the will to act.

For the Federal and Postal employee who masks one’s medical conditions, whether of a physical nature, a psychiatric condition, or concerning the medications which are prescribed and taken at the direction of one’s medical provider in order to alleviate the symptoms of the condition and perhaps as a palliative measure, the price which one pays for not immediately informing one’s agency may range from nothing, to unforeseen consequences far into the future.

Is it technically “deception” to engage in a negative — i.e., to not immediately inform?  Is there an affirmative duty to convey or otherwise divulge such private information, if the medical condition has not yet become so apparent as to openly manifest an impact upon one’s ability to perform all of the essential elements of one’s job?

Conversely, does the supervisor and the agency perform a service of “good” if performance ratings continue to reflect superior or outstanding, when more recent work has clearly diminished in volume and/or quality, but because of past performance and an ongoing sense of loyalty, the supervisor wants to just “sign off” by regurgitating past evaluations and assigning a current date?

Ultimately, in a Federal Disability Retirement case, one must at some point divulge the medical condition, if not merely at the time of filing one’s Federal Disability Retirement application through the agency’s Human Resources Department.  The timing of such divulgence, however, can sometimes impact the reactionary impulses of an agency.  In the end, the Agency must complete SF 3112D in response to the applicant’s filing; and whether the agency was previously informed or not, an effort to see whether an appropriate accommodation can be made will become an integral part of the process.

From the perspective of the U.S. Office of Personnel Management, the issue of timing — of the good or neutral intentions of the applicant — rarely comes into play.

As for any “deception” involved, the only one who would be harmed by any such intention would be the one who bravely attempts to continue working through the pain of the condition itself, and the harm which continues to progressively deteriorate the Federal or Postal employee who attempts to perform all of the essential elements of one’s position.

Sincerely,

Robert R. McGill, Esquire

USPS and Federal Civil Service Disability Retirement: Human Beings and Railroad Tracks

The metaphor of trains and railroad tracks are numerous and infinite in their applicability and relevance:  train wrecks; inability to stop; actions which proceed with a directional course towards a cliff; predetermined path of existence; and many others, some which invite ontological and teleological issues concerning free will and the ability to have an omniscient vantage point.

For Federal and Postal employees who are suffering from a medical condition such that the medical condition(s) impacts one’s ability/inability to perform all of the essential functions of one’s job, the analogy to a train ride is quite accurate.  For, the course of one’s career is often one which is set at the very beginning — an upward trajectory with expected grade-promotions and regular step increases; a sense of working for an agency with a mission, a purpose, and (perhaps most importantly) a steady paycheck.  But a pre-set course has a disadvantage:  a track from which one cannot stray; yet, if continuing onward, a certainty for a collision, headlong into subpar performance evaluations, a PIP, disciplinary actions, and potential terminations.

A train wreck waiting to happen.

About the go over that proverbial cliff.  Federal Disability Retirement is a benefit available for all Federal and Postal workers, whether under FERS or CSRS, if you meet the minimum eligibility requirements.  Fortunately, humans are not trains; free will and the ability to change course in life is an innate potentiality of the human soul.  But free will, in order to have any effect, must be acted upon.  Mere thought is not the same as action; it is, ultimately, human action which leads to change.  Just some thoughts to ponder.

Sincerely,

Robert R. McGill, Esquire