Tag Archives: us postal mail carrier disability and light duty

Federal Employee Medical Retirement System: Smiley, Ace of Hides

Similarity of consonant alliteration can evoke and prompt collateral thoughts and memories; likewise, phrases which sound somewhat familiar, yet distinctively remain apart.

Historically, spies were the masters of subterfuge, of appearing as that which they are not.  Then, of course, there is the complexity of the “double agent”, where the appearance is twofold in concealment:  acting with apparent fealty to one source, pretending to be diabolically loyal to a second, when in fact reverting back to the first; and the potential play upon an infinite multiplication of conundrums involving questionable ties of patriotism.  Smiley was the ace of them all, as the fictional character of unperturbed and unflappable creation by John le Carre.

In real life, as in the world of imagination, it is indeed the facial characteristic of the smile which hides; and it is that much more pronounced with the addition of the electronic smiley face that is thoughtlessly pasted whenever deemed appropriate.  Because the smile covers all defects, hides much reality, and conceals deportments of denigrated despair, it remains the choice of frozen acceptance.

People with medical conditions often attempt to smile more than usual, if only to hide the reality of the pain and despair of life.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents them from performing one or more of the essential elements of one’s Federal or Postal job, the veil of a smile is often what the agency expects, and nothing more.

Agencies rarely show a fealty towards an employee who no longer can perform as days of yore; and help, guidance or assistance by a Human Resource Office should be viewed with suspicion and pause, leaving aside the question of whether actions are taken for the best interests of the Federal or Postal employee, or for the benefit of the agency.

Smiles hide realities; they can mask pain, and also present a picture of friendliness when in fact the knife has already been readied for the backside of an unsuspecting victim.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FER, CSRS or CSRS Offset, is something which should be considered by any Federal or Postal employee who is experiencing the two-faced subterfuge of an agency which purports to support, but in fact has shown signs of a hostile working environment.

Smiles are nice, and can sometimes be genuine signs of a person’s demeanor; but, more often, they hide the true deportment of intent; and while George Smiley could alter the character of the geopolitical sphere of power shifts and the passing of state secrets, it is the state of the ordinary Federal and Postal employee that is most impacted by actions of agencies which show no loyalties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Collateral Work Issues

There is often, and inevitably (it would appear), collateral work issues which appear in parallel form, along with the impact of a medical condition upon a Federal or Postal worker.  Such issues can take multiple and varied forms — from actions on the part of the Federal or Postal employee which impact upon the performance of the job itself; to behavioral issues at work; to issues concerning actions by the Federal or Postal employee outside of the workplace, but which leads to legal issues which are brought to the attention of the agency.  Whether such collateral issues directly influence or have a peripheral reverberation upon a Federal Disability Retirement application is anyone’s guess.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, however, it is best to assume that (A) the Office of Personnel Management will know, or will somehow find out, about the collateral issues, via being informed by the agency or through some non-pertinent document which mentions or otherwise touches upon the issue, and (B) that OPM will use it as a basis for an argument that there was an underlying motive for filing for Federal Disability Retirement benefits, aside from the medical issue itself.

There are ways to counter such selective attempts by OPM to use a collateral issue to defeat a Federal Disability Retirement application, and it is best to have both a paper-trail as well as a clear time-line of events, to show that the collateral issue existed in a parallel, but separate, universe than the central issue of one’s medical condition.  OPM searches to defeat; it is the job of the Federal or Postal employee to rebut the search, and to destroy the effort in order to force the issue, and obtain an approval from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire