Posted on February 06, 2016 in Administrative Law
Static constancy is never a certainty; even those things which we would bet our lives upon, change with the cultural winds of time. Sports phenomena we once marveled at, now considered to be "immoral" to view as entertainment, as voluntary brutality and concussions resulting therefrom reflect our relative lack of empathy and humanity; the ravages of time and the images of heroes in old age who totter between dementia and decrepit shadows of a hollow former self; do we see in them the future of ourselves, and fear that if we applaud such former feats of gymnastic fluidity and beauty of ballet, we may end up like them in nursing homes smelling of formaldehyde? Or is it that the disharmony between what we remember of their once-favored status conflicts with our image of civility and symphony of time? Football and boxing, like the old Roman coliseums of yesteryear, will they fade into the passing glories as gladiators and spectacles of public hangings once foreshadowed? Or, is it that cultural values change, are malleable, and shift with the tides of opinions and public shame? That is the macro scale of life in America; on the micro scale of things, medical conditions tend to do the same thing: the change in one’s personal universe, the outlook upon perspectives once maintained, they all bend like the proverbial willows of rustling prairies, where the arctic blast which pushes the rogue bison to seek the protection of the wandering herd bellows from harkened cries of alarm to survive. Life is rarely as bad as we feel, and never as good as we imagine; that is a truism which allows for the maintenance of the balanced perspective. Loss of constancy and stability often follows from a trauma unwanted and unasked for; the Federal employee and U.S. Postal worker who suffers from a medical condition must suddenly suffer the fool for society’s uncaring ways. The potential loss of job; the ostracized Federal or Postal worker — not through fault or inaction, but merely because one has been hit with the misfortune of a medical condition. Again, is the treatment rendered because the Federal agency or the U.S. Postal Service sees such an individual as a threat, as acceptance and embracing of such a condition would mean that everyone affirms the future of one’s own fragile and delicate universe? For the Federal and Postal worker who suffers from a medical condition, the solution remaining is often to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset. It is not that, given half-a-chance, you wouldn’t be able to continue performing in the career of your choice; you would. It is that, if the agency or the U.S. Postal Service were to attempt to accommodate you, or to provide leeway and reveal a level of compassion and empathy, then it would mean an admission of the deep-seated fears and open the proverbial floodgates of doubt and error. To embrace the disabled work on the micro scale of life, would be to admit to the callous nature of one’s being on the macro level of culture; football, boxing, gladiators of yore, and the shunning of disabled workers are all likened to the populous who once suffered the ostracizing disease of leprosy. Skewed perspectives, indeed, as culture never follows the linear path of legitimacy, but drags people screaming and kicking despite themselves. In the end, one must act beyond mere perspectives, and for the Federal and Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the pragmatic step in preparing an effective Federal Disability Retirement application is the singular act of courage to step beyond the macro-skewed perspective of cultural malleability, and to assert one’s right to attain that level of security on the micro path of viability, as those gladiators of yesteryear failed to conquer.
Sincerely, Robert R. McGill, Esquire