Tag Archives: the postal service and when fmla is not enough

CSRS & FERS Medical Disability Retirement: Cognitive Dissonance

In psychology, it is the state of self-contradiction, of holding onto a belief while simultaneously acting in a manner contrary to that belief.  If such a contradiction between belief-and-action impacts upon a core, foundational essence, of one which constitutes a defining centrality of a person’s character and personality of that which makes a person who he or she identifies him/herself to be, then the greater proportionality of discomfort and stress, often resulting in an alteration of either the belief, or the action intended to be engaged.

For the Federal and Postal Worker who experiences a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, such cognitive dissonance is an everyday, common occurrence. You already know that continuation in the position as a Federal or Postal Worker cannot continue; you do not need a medical doctor to tell you that; your body, mind or soul has already screamed that dissonance out at you multiple times, at varying degrees of decibels countlessly and in monotonously repetitive occurrences throughout each day over many months, and sometimes enduring over several years.

But the belief-system of the Federal or Postal Worker is to silently “take it”, and to continue on, with a self-destructive sense of blind loyalty in an effort to “accomplish the mission”; but the question always is, At what price?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, is an option which must be seriously considered when the extent of cognitive dissonance comes to a crisis point. It is the point of reference where one finally comes to recognize that the problem requires a solution — of abandoning the senseless embracing of blind loyalty and seeking a period of reclamation of one’s physical and mental health; or of continuing on the path of self-immolation in the Federal or Postal position of one’s chosen career.

Federal Disability Retirement: it is the bridge which one must pass upon to close the chasm between what one’s health screams out for, and the daily toil of one’s occupational duties.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Need versus Necessity

Needs can be variegated, and can be satisfied partially, delayed for further fulfillment at a later time and event, or controlled by sheer will and self-discipline.  They can also depend upon the particular individual, circumstance and personality and/or character of an individual.  They can vary based upon the subjective perspectives of an individual.

Necessity, by contrast, implies an objective determination of a mandated requirement.  It is not to be questioned; it is unequivocally “needed”.  As a prerequisite for completion of a linear production line, a necessary cause, while perhaps insufficient in and of itself to satisfy the entirety of the sequence of events, is nevertheless a required X in order to even consider the completion to Y.

For Federal and Postal employees who suffer from medical conditions such that the medical illness or injury impacts one’s performance, for a time — undetermined, perhaps, in the beginning of the process — Federal Disability Retirement benefits, applied through the U.S. Office of Personnel Management, may merely be viewed as a need, and therefore one which may be delayed, considered, and perhaps looked upon merely as one option among others.

As the medical condition continues to progressively deteriorate, it is the seriousness of the nexus between the medical condition and one’s ability/inability to perform the essential elements of one’s job, which ultimately begins to determine the need and transform it into a necessity.

Whether under FERS or CSRS, the Federal or Postal employee must make that time of determination — that personal choice — of when the transformation occurs; but because Federal Disability Retirement takes on average 8 – 10 months to obtain, from the start of the process to its conclusion, it is well not to wait for the transformation from “need” to “necessity”, to be further characterized as the third step in the evolution — one of critical crisis.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Reminder

If a Federal or Postal Employee files for Federal Disability Retirement benefits under FERS or CSRS, remember that:  (A)  You are not required to stop working, as most people for economic necessity continue to work, and (B)  If you stop working, and you are not using your Sick Leave or Annual Leave, but are out on LWOP, remember that once you obtain an approval for your Federal Disability Retirement, that back-pay will be paid all the way back to your “last day of pay”, and not to the last day you “worked”. 

In other words, if you are out on LWOP for three months (as a hypothetical), and on the day before you are approved for your OPM Disability Retirement, you receive a paycheck from your Agency for 1 hour of SL or AL, then you have lost all of the potential “back pay” of the three months on LWOP, because the “last day of pay” was the day just before your Federal Disability Retirement was approved.  Be careful that this does not happen.  While donated leave is often accepted because of economic necessity, you will likely regret accepting such payment once your Federal Disability Retirement application is approved.

Sincerely,

Robert R. McGill, Esquire