Topic: Administrative Law
It is not likely that tomorrow morning you will wake up and find that aliens have taken over the earth (although, if one were to read various supermarket tabloids, that has already occurred many times over, both while asleep and awake); it is not likely that you will win the lottery with that last dollar spent on running a random set of numbers (though millions each day shell out astronomical sums in the aggregate with dreams – and sometimes actual plans reflected upon – of what one will do “when” the improbable event will happen); and it is not likely that the email received the other day from some banker in Burkina Faso who wants a “trusted friend” to allow for a transfer of a cool $100 million and would allow you to keep half of it just because you happen to be the only person in the universe who has a bank account and can keep a secret, will actually honor such a request. Nevertheless, people actually consider such fantasies, and to the detriment of those who do so with serious intent, harm themselves either by delaying what could be done, setting aside the reality of what needs to be accomplished, and turning over valuable time to endeavors not likely to happen. Often, and unfortunately, medical conditions have that same characteristic – of things not likely to happen. It begins by happening – of a medical condition that should not have been, or is seen to be “unfairly” targeting a particular individual, and a period of disbelief ensues where the question is, “Why me? Why not the other guy, instead?” Then, once the phase of acceptance comes about, one begins to adapt, compromise the levels of acceptability and quality of life, and modification of expectations surely follows soon thereafter. Then, one hopes, prays, angrily shouts to the heavens or otherwise with quiet resignation begins to ruminate – yes, the medical condition may be unfair, but so is the lot of life we all live. And the principle of things not likely to happen applies to Federal employees and U.S. Postal workers who need to prepare, formulate and file for Federal Disability Retirement benefits, as well, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset. For, the things not likely to happen includes: The medical condition will just go away; the Federal agency or the U.S. Postal Service will just let things slide and be very understanding; the Federal agency and the U.S. Postal Service will actually accommodate your medical condition; the Federal agency or the U.S. Postal service will find you another job at the same pay or grade; the Federal agency or the U.S. Postal service will grant SL, AL or LWOP in unlimited amounts so that you can attend to your illness or medical condition; and the Federal agency or U.S. Postal Service will show empathy, sympathy and understanding and make you feel “welcomed” while you endure one of the most difficult periods of your life. Not.
Sincerely, Robert R. McGill, Esquire