Posted on September 04, 2012 in Administrative Law
There is the classic story of the man who sued the seller of his Recreational Vehicle: Having been told that his RV could be driven on "automatic cruise control", he proceeded to follow the directions, then got up and walked towards the back of the RV in order to make some coffee. He mistakenly interpreted what the salesman had said, that the vehicle "drives itself". While partially true, what he failed to understand is that the "pilot" of the vehicle still needed to steer the vehicle; it was merely the forward motion which was on automatic pilot — not where the vehicle was going. The two distinguishing features — the "what" of X (the occurrence of a running engine and movement) and the "where" of X (the direction in which the vehicle is going) — should never be confused. Similarly, the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, should never confuse the fact that he may still have a job, with the danger of not knowing what direction the agency is considering with respect to the employee. Smiles and inquiries about one’s medical condition are niceties which are often indicators of a deeper motivation. What the Supervisor "says" in showing concern about one’s medical condition, may betray a directional change which may never be overtly stated. Waiting to suddenly one day have a collision with the agency may not be the best approach in preparing for one’s future. While it is true that all Federal and Postal employees have up to one (1) year to file for Federal Disability Retirement benefits through OPM from the date of separation from service, you might consider being the pilot of that endeavor, instead of waiting for a sudden crash with the agency to occur.
Sincerely, Robert R. McGill, Esquire