We learn it early on; the unstated rules, the lines which may not be crossed, and to be weary of those whose reputation precedes them for the blatant disregard of both. How they are learned; what they are; whether explicitly stated or impliedly conveyed; few, if any, have a memory where the Head Mistress of the Universe of Playgrounds sat us all down and said, “Now young ladies and gentlemen, here are the 10 rules of fair play.” Regardless, we all somehow came to recognized and apply them.
Wittgenstein provides some valuable insight into the way we learn the language games involved in game-playing; much of it is through sheer doing, an ad hoc manner of practical reasoning and applied rationality. And then, of course, we become adults (yes, at least most of us do; some, left behind on the playgrounds of life, remain as infantile cherubim, clueless and naive to the cynical ways of the world); and it always seems as if the same ones who violated the rules of the playground are the ones who flaunt the normative constraints of the greater universe.
For Federal employees and U.S. Postal workers who are formulating a strategy for filing a Federal Disability Retirement application, whether one falls under the general aegis of FERS, CSRS or CSRS Offset, the question often must be confronted as to the Supervisor, Manager, or even a fellow coworker who is pining for a confrontation and direct disregard of the collective institutional enforcement of what everyone else knows as “fair play”.
This, despite the fact that there are multiple Federal laws governing treatment of individuals with known medical disabilities. But the Federal “system” of retaining workers with medical conditions and disabilities, and the perfunctory requirement of accommodations and the search to provide adequate accommodations, undermines any compelling force to restrain the playground bully.
OPM Disability Retirement benefits, filed either through one’s own agency if one is still on the rolls of the agency; or if separated, but less than 31 days since the official date of separation, in either case must be filed through the Human Resource Department of one’s own agency, or through H.R. Shared Services for Postal Workers (located in Greensboro, North Carolina); or, if separated for more than 31 days, then directly to the U.S. Office of Personnel Management in Boyers, PA.
In the end, things rarely change much, if at all. Those collective institutional enforcement mechanisms learned on the playground — tattling to the playground monitor or to one’s teacher; talking to one’s parents, etc. — end up with a snicker and a sneer.
Yes, society has become well aware of bullies and mean people, but they have been around longer than the oldest profession in the world, and the collective institution of fair play and the playgrounds upon which they played out, will continue to witness backstabbing and surreptitious violations, transferred universally to the places where adults play, and where the most vulnerable in need of the greatest protection, still must do things the old fashioned way: reliance on sheer luck, or to seek the best legal advice possible.
Sincerely,
Robert R. McGill, Esquire
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Disability Retirement for Federal Government Employees: What not to say
Of course what not to say is as important as the things one says. Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings. We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.
Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.
“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action. “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.
It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.
It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty. But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.
Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.
So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow. The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.
Sincerely,
Robert R. McGill, Esquire
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