Actions and Principles of Federal Agencies toward Their Employees with Disabilities before FERS & CSRS Disability Retirement

Can a person possess a core principle which declares that one should not be cruel to animals, but yet intimidate and harass a coworker?  Is it possible that one can state adherence to a philosophy, but act in ways contrary to such a declaration of fidelity to such a public policy?  Does authenticity and correlation between words and actions matter?

Of course, the simple answer is that hypocrisy has always been rampant throughout history, and one need only look at politics to come to the conclusion that speaking out of both sides of one’s mouth (as the proverbial adage is often conveyed) is a state of being that one can easily live with.  Thus the conundrum: Every and any question which begins with, “Is it possible that…” is one which has already been answered by the whims of history.

Public policy statements which declare that Federal agencies will seek every “reasonable” effort to accommodate an individual’s disability, are replete but often empty, precisely because words are open to interpretation.  And perhaps that is the “out” which many find easily excusable, in justifying the dissonance between words and actions.

Fortunately, for Federal and Postal employees, there is always the viable option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS. It is the “safety hatch” which can be used against agencies and the U.S. Postal Service in order to circumvent that self-contradicting public policy statement that medical conditions which impact one’s ability/inability to perform all of the essential elements of one’s job, will be “accommodated” to the extent that such accommodation is “reasonable”.

Since that which is reasonable is open to interpretation, the reality of retaining a Federal or Postal Worker 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, becomes as rare as that individual who speaks and acts in consistent harmony of fidelity to both.

For the Federal and Postal Worker who suffers from a medical condition, where the impact is felt directly in the workplace, and where the supervisor who kicks his dog in the privacy of his home but volunteers his time with the local SPCA begins to speak earnestly about the “mission of the agency“, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; for, in the end, principles and actions matter when it touches upon one’s personal health, and the need for restorative relief from a workplace which defies consistency of either.


Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Until Sickness, Death or Getting Fat

It was once that marriage vows were viewed as sacrosanct; inviolable promises made, endured through hardship, bilaterally seen as a partnership made in heaven.

Then, of course, “no fault” divorces became the fashion; fashion itself (or lack thereof) was a grounds for de-coupling or un-coupling (it is difficult to keep up with the modern vernacular and introduction of new-age language); and so people began to “drift apart” and expunge from such eternal vows undesirable concepts such as “death” or “sickness” (for, as marriage ceremonies are supposed to be “happy” occasions, why insert such negative vibes into the mix?), but implicitly left in the ultimate ground and justification: getting fat (or old, or ugly).

A parallel approach is often taken in the employment arena: your loyalty is expected, but if you fail to produce, you can be terminated.  Whether such pervasive attitudes become commonplace because of the “throw-away” nature of goods purchased and items sold in the universe of commerce, is for social anthropologists to debate; the fact is, the issue can be viewed from both sides: from the employer’s perspective, too many employees jump ship soon after being trained and invested, seeking other opportunities and offers.

But that leaves us in the state of our being and choosing: both in family life and in careers, the fickle and unsteady nature of either reflects the very society in which we participate.

Businesses are rarely run like families — or, perhaps a truer statement these days is that, yes, they are run exactly like families, and quick divorces for the most spurious of reasons are sought and attained.  For the Federal and Postal Worker who finds him/herself with 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 a price to pay for being a part of such a fickle system.

Federal employment is merely a microcosm of the greater system of employment encompassing Federal, State and private-sector economies; loyalty is no more precious in one sector than another.

From the Federal or Postal employee’s perspective, Federal Disability Retirement benefits must be an option which should be considered when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job.  From the Federal agency’s perspective, Federal Disability Retirement should be viewed as part of the larger promise of Federal employment benefits contractually offered, and when one partakes of accessing the promise, there should not be any grumbling, complaining, or retribution and retaliatory measures invoked.

But somehow, reality rarely follows the path of rationality.  As such, just as in messy divorces and other venues of uncoupling, one should always be cautious in whom to confide in, what to say, and when to reveal.  Federal Disability Retirement is a benefit accorded to all Federal and Postal employees, whether the Federal or Postal employee is under FERS or CSRS, and is sought and obtained through the U.S. Office of Personnel Management.

While not as sacrosanct as marriage vows of yore, it is also not as fickle or easy to get because one has gained a little weight over the years. As such, any such attempt to file for OPM Disability Retirement benefits should be taken seriously and with deliberate care; sort of like what one should do before heading off to Las Vegas for a quick coupling, or uncoupling, whichever the case may be.


Robert R. McGill, Esquire