In preparing a Federal or Postal Disability Retirement application under FERS or CSRS, there are often multiple collateral issues which arise: Harassment issues; Unequal Treatment; EEOC issues; Hostile Workplace issues; Discrimination issues; and multiple other issues which may or may not be viable complaints. Such complaints have their proper place, in the proper forum, within the proper context. As I have written multiple times previously on this issue — these employment issues should be avoided in the context of preparing for and filing a Federal Disability Retirement application.
Many of these employment complaints may be viable ones to pursue; some may be pursued concurrently while seeking Federal Disability Retirement benefits under FERS or CSRS, and will not ultimately defeat or impact such an application (remember that in law, not only can an attorney speak out of three or four sides of his mouth; one is also allowed to make contradictory legal arguments at the same time).
The point is that such collateral arguments and issues should not be a part of the application itself. It may be fine to pursue such workplace issues in a separate and different forum — just not in the process of a Federal Disability Retirement application. If the issue is brought up, the Office of Personnel Management may well use it against you, stating, “Your medical conditions seem to occur as a result of your allegation of the actions of your Supervisor. As such, you suffer merely from situational disability.” Case denied.
Robert R. McGill, Esquire