OPM Disability Retirement: Concealment through Repetition

It is often through mindless repetition that concealment of truth can be accomplished, and with insidious efficiency.  For, repetition of tasks; redundancy of toil; convenience of engagement in life’s duties and obligations without thoughtful input; these can all be performed in monotonous automation without the participation of the one true essence of human uniqueness and identity:  the creativity of thought.

Life sometimes deadens the soul; or, more accurately, it is we who, as the gatekeeper of sensory impressions which bombard us daily, allow for the toxicity of life to invade and destroy.  Of all moral failings, however, one of the greatest is to allow for the mundane to conceal the truth.  That is often what the human toil of work allows; for, when a medical condition, whether physical or psychiatric, creeps in subtle hiding but progressively deteriorates and eats away at the body or soul, the desperate need to hide behind the mindless repetition of work allows for a semblance of mundane continuation of daily routine, and to trick the mind into thinking that all is well.

It is tantamount to the Maginot Line which the French had erected, consisting of fortifications, armaments and weapons’ placement in anticipation of an outdated strategy of waging war:  it provided a semblance of security, and allowed people to mindlessly live life.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s Federal or Postal position, the refuge behind work; the responses to agency actions of retaliation; the prolonging and procrastinating of the one true essence of necessity — of filing for Federal Disability Retirement benefits in order to attend to one’s health — allows for the repetition of monotony to conceal the singularity of focus which is required to move forward.

Filing for Federal or Postal Disability Retirement benefits, whether under FERS or CSRS, is not the “be all or end all” of solutions; but it unravels a truism which prevents inertia of creativity, by allowing one to secure an annuity for the future, and to go back to the foundation of human essence: health, creativity, and the discarding of the repetition of the mundane.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Accommodations and the Elegance of the Hedgehog

A French film (The Hedgehog) loosely following upon the novel (The Elegance of the Hedgehog), focuses upon the hidden life of an unnoticed individual, and through her providing a platform of unraveling the fears, aspirations, class differences and how we treat (or mistreat, as the case may be) each other based upon appearances and social constraints.  It is always the character of the child who uncovers the secret, as in the story of the emperor without clothes, and in this story, as youth has not yet been scarred by the juggernaut of societal preconceptions.

It is in the secret (and secretive) life of a janitor (for the French, the more refined title of a “concierge”), who hides her intelligence and love of literature for fear of appearing pretentious and thus facing the potential and threat of loss of her job attending to wealthy tenants — where the authenticity of a life’s worth reveals itself.  How the greater society reacts to an aberration of an entrenched social order disrupts the conventional manner in which people get along in a community.

The story presents lessons far-reaching beyond the obvious; and reaches into depths untraveled, including for Federal and Postal Workers who suffer from a medical condition and must contend with supervisors and agencies which view with suspicion workers who are “different” and do not follow the traditional routine of work and productivity. For it is precisely the Federal and Postal Worker, whether under FERS or CSRS, who must often walk with hesitancy and fear when they are suffering from a medical condition, such that the medical condition has begun to impact one’s ability to perform all of the essential elements of one’s job.

Like the main character in The Hedgehog, revelation of the “secret” of one’s true being — of the medical condition, whether physical or psychiatric — would mean the potential adverse reaction of the agency.  Instead of providing for an accommodation of such a revealed “secret”, Federal agencies and the U.S. Postal Service will instead counter the situation with predictable aplomb, and begin the systematic harassment and intimidation to further complicate matters.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is quite often the best option for the Federal or Postal employee suffering from a medical condition.  Like the character in the Hedgehog, the fear of retaliation for revelation of a “secret” which others believe to be disruptive to the social order, forces one to conceal that which proves to be the essence of humanity — that vulnerability is the true test of who we are.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: The “Almost” Medical Inability to Perform Termination

Often, Agencies will proceed to propose a removal of a Federal or Postal employee based upon reasons which clearly “imply” one’s medical inability to perform one or more of the essential functions of one’s job, but explicitly, based upon other stated reasons — e.g., “Failure to Maintain a regular work schedule” or “Being Absent Without Official Leave (AWOL)“.

Then, the frustrating scenario is when the Agency — in the body of the proposed removal letter — refers to and acknowledges the existence of multiple medical conditions which form the foundation, reason and justification for being unable to maintain a regular work schedule or being absent from the job (whether with or without official sanction or approval).

The key in such circumstances, of course, is to try and attempt to make the “implicit” (references to one’s medical conditions and their impact upon one’s inability to perform one’s job) “explicit” (having the Agency change or amend the reasons to instead state:  “Removal based upon the employee’s Medical Inability to Perform his or her job”).

Such a change, of course, would be helpful in a Federal Disability Retirement application under FERS or CSRS, precisely because it would invoke the Bruner Presumption, which would then make it that much more difficult for the Office of Personnel Management to deny a Federal Disability Retirement application.  For, that is the ultimate goal:  to obtain an approval of the Federal Disability Retirement application; and any such advantage gained brings the Federal or Postal employee one step closer to that ultimate goal.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Federal Agencies

Why do some Federal Agencies (and the Postal Service) act in non-supportive, negative ways, while others go out of their way to support their employees?  The answer to such a question essentially is as complex (or simplistic) as individuals themselves; for agencies are made up of individuals, and the reaction of an agency is often a reflection of the individuals who lead the agencies. 

When it comes to an employee filing for Federal Disability Retirement, this is often important to understand, because while Agencies (i.e., supervisors) cannot ultimately block a Federal Disability Retirement application under FERS or CSRS, they can sometimes make the process more difficult for the applicant, by engaging in certain tactics (e.g., placing a person on AWOL as opposed to LWOP; delaying the writing of a Supervisor’s Statement; the H.R. Department being obstructionist, etc.) 

In dealing with an Agency, it is important to remain courteous, but not weak; professional, but not a “pushover”.  Further, it is important, where possible, to have an attorney deal with the Supervisor or the H.R. Department as a “buffer” between the Applicant and the Agency, to de-personalize the process.  When Agency Supervisor’s take things personally, problems arise.  It is as if all of the pent-up angers of accumulated personal slights come roaring to the forefront.  One should always try and avoid such personalization of the process, and allow for the smooth transition of the employee to becoming a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire