Posted on June 22, 2019 in Administrative Law
It is a tautology; for, “inevitable” encapsulated and embraces the term “change”, and one presumes that, in applying and comprehending the word “change”, there is a sense of inevitability contained within it. Thus do we assume certain truths which naturally follow: If you don’t like the weather, just wait a moment (for, the natural course of the universe dictates that the weather will change over time); if you are dissatisfied with your life today, ride it out (for as circumstances appear static for the moment, time will resolve many of the uncertainties faced today); and similar dictums of sagely advice. What we are not told, however, is that which we have already accepted by experience: That “change” is too often a negative component, and that is why we believe that things almost always change for the worse. That is the byline for the pessimist, of course: That good things never last; everything changes for the worse. The optimist, on the other hand, always tries to squeeze the good out of anything that worsens, and tries to see the glass as half full, instead of half empty. Whether you are an optimist or a cynic, both accept that change is inevitable; the difference is merely in how one perceives the change. Then, of course, there is the human element — of affirmative actions taken by an individual or a multitude of individuals in performing acts that contain or otherwise alter the course of change. For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, change is inevitable. Whether by being placed on a “Performance Improvement Plan”, or the increasing harassment perpetrated by the Federal Agency or the Postal Service — or in the inevitability of a termination — the medical condition itself will normally and often dictate the need for change. The “human element” is the action taken by the Federal or Postal employee in preparing, formulating and filing an effective Federal Disability Retirement application, where the affirmative intervention of actions taken may change the ultimate outcome of life’s trials. Yes, the inevitability of change is a given; but how that change will come about and what outcome is to be determined will depend upon the Federal or Postal employee who recognizes both the inevitability and the need for change, but moreover, of how to go about initiating the process.
Sincerely, Robert R. McGill, Esquire