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Hostile Work Environment in Federal Employment

Posted on September 16, 2014 by OPM Disability Retirement Lawyer

Perhaps it is an inevitability.  When a Federal employee or a U.S. Postal worker suffers from a medical condition, such that the medical condition begins to impact one or more of the essential elements of one’s job, the reaction of the agency for whom he or she works (or the U.S. Postal Service), is often one of lack of supportive behaviors, to propose an understatement.  Reacting to a reactionary response, however, is not always the intelligent thing to do.

When the Federal employee or the U.S. Postal Service recognizes a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS or CSRS, the natural and instinctive thing to do is to reference the hostile work environment in one’s Statement of Disability (SF 3112A), thinking that statements about, and references to, an agency which has further exacerbated the severity and extent of one’s medical condition, will help to further the cause of attaining an approval for a Federal Disability Retirement application from the U.S. Office of Personnel Management.

Such a strategy, however, may well backfire, and one needs to be cautious in approaching the formulation of one’s Statement of Disability when consideration is given to including information concerning circumstances which may constitute a hostile work environment.

Relevant facts are always helpful; helpful facts are often necessary; and sufficiency of facts is always necessary.  However, in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, discretion is the better part of valor, and that is especially true when submitting a Federal or Postal Medical Retirement application to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability and a Hostile Working Environment | Tagged: a hostile work environment and federal disability retirement, a hostile work environment in the federal government can create stress and other mental issues, an emotional vs. reasoned personal account of disability, attorney experienced in dealing with fers disability retirement claims, avoiding using the "hostile environment" term in your opm disability claim, barriers of credibility and legal subjectivity in your opm disability application, bullying postal supervisor and the injured federal employee, cases where the opm claims situational disability, credibility in your fers disability application, department of defense and disability retirement, discrimination against us government employees, discrimination and indifference against federal employees with medical conditions, eeoc federal employee disability claims, emotional issues are understandable but don't let them ruin your application, employees from the department of veterans affairs resigning due to stress, equal opportunity issues and federal disability claims, escaping the vicious cycle of dependency from working in a hostile work environment, establishing the credibility of your fers or csrs disability application, fed government hostile working environment, federal employee stress leave and the hostile work environment in the mail processing centers, federal government stress leave, federal law agents and mental and psychological stress, fers resignation from a hostile environment and intolerable working conditions, harassment and bullying by federal government supervisors, harassment without accountability at the USPS, hostile environment at work opm, hostile work environment in the postal service, hostile working conditions in the federal government workplace, hostility against disabled employees in the department of homeland security, hostility against disabled federal employees, information credibility on opm disability information, legal representation before the office of personnel management (opm), nationwide representation of federal employees, one easy reason the opm can use to deny your disability claim, opm definition of hostile work environment and situational disability, opm disability for stress is possible just don't make it situational, opm hostile work environment, owcp stress, owcp stress claims and opm disability retirement when working in a workplace with hostile conditions, postal service stress leave, resign over harassment and discrimination issues in the post office, stress in the postal service, stress leave usps, submitting a balanced and credible medical documentation to the opm, the dangers of getting your opm claim situational, the handling a hostile work environment with federal supervisors, the hostile work environment in postal distribution centers, the hostile work environment in the federal government, The Importance of Your Credibility in an OPM Disability Application, the revenge of a postal supervisor, using your credibility in the applicant's statement of the opm disability form, usps hostile work environment, usps stress leave, what makes a hostile work environment in federal agencies and why is there so much hostility against disabled federal employees, when personal emotions overtake rational thoughts during application process, when postal supervisors create a hostile work environment for disabled employees, when the federal employee feels like resigning because of the stress and hostile work environment, when there is discrimination and harassment in the department of the treasury against federal employees with medical conditions, why it's not a good idea to talk about discrimination and hostile work environment in a federal disability retirement narrative, working in a hostile work environment in the department of the justice, your credibility on the federal disability application | Leave a comment »

  • More on CSRS & FERS Disability Retirement

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    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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