In everyday, common and familiar usage, what does the word “accommodations” mean? It is to go out of one’s way in order to meet the needs of someone else. It is to try and allow for another person to fit in, to find comfort or to be allowed to remain even though some extra effort may have to be expended.
In legal terms, especially in Federal Disability Retirement Law under FERS, the term “accommodations” has a similar meaning and import. It is that “something” which the Federal Agency or the Postal unit must do such that a person who suffers from a medical condition or disability can continue to perform all of the essential elements of one’s Federal or Postal job. It may well be that the Federal Agency or Postal Service is unable to accommodate the medical condition and, try as they might, a determination and conclusion is made that no such accommodations exist, or can be allowed for, because of the nature, extent and severity of the medical condition itself.
The “accommodation” question is one of the hurdles that must be overcome in a Federal Disability Retirement application.
It is a complexity in Federal Disability Retirement Law that poses many problems and greater questions. Is the accommodation permanent or temporary? Will it allow for the Federal or Postal worker to perform the essential elements of his or her position? Can a future supervisor “take back” the modification allowed for, or does it become a permanent feature of the position description?
These and many other questions surround the issue of agency efforts for reassignment and accommodations, and in order to obtain clarification and move forward in a Federal Disability Retirement application, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement Attorney: Uncharacteristic Behavior
It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm. Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.
For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.
It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”. Sadly, that tells us something. While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type. We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into: helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.
The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with: a medical condition which impacts one’s ability to perform one’s Federal or Postal job. But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.
Sincerely,
Robert R. McGill, Esquire
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