Posted on December 30, 2017 in Administrative Law
The first two in the tripartite of conceptual constructs are similar in meaning; the third and last, an extension beyond where it may include a historical background of the first two but emerge with a separateness of conclusion from them. To endure is similar to surviving; to survive, to endure the difficulties and maintain a semblance of remaining intact. One can “endure” a traumatic event and survive it; similarly, one can survive such an event and, in retrospect, realize that to have endured the experience was the very key to such a conclusion. One can endure and survive, however, and yet fail to achieve any victory. For, victory is the conclusion and outcome of how one has endured and survived; the first two are thus necessary condition precedents, in one sense, in order for the third to occur. For Federal employees and U.S. Postal workers who suffer 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 the Federal or Postal job, the necessity in filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management may become a reality. For the time being, perhaps the medical condition has not gotten “too bad”, and the Federal or Postal employee may be able to endure the difficulties, go into work and maintain a level of productivity such that no adverse actions from the Federal Agency or Postal Service may result. Or, the medical condition may be tolerable such that the Federal or Postal employee may be able to survive for the next year, or even the following few years, and be able to endure the turmoil of balancing work, family, progressively deteriorating medical conditions and the essential elements that the Federal or Postal employee must be able to endure. If and when the time comes, however, for the Federal or Postal employee to consider preparing, formulating and filing an effective Federal Disability Retirement application, the test at that point will not be whether or not the Federal or Postal employee can endure or survive the lengthy administrative process of a Federal Disability Retirement application, but rather, whether one can come out at the “other end” by achieving victory. In order for that to happen, knowledge of the legal basis to be argued, the necessary connection between the medical condition and the essential elements of one’s Federal or Postal job – all must be effectively compiled, argued and persuasively presented. For that to happen, you will need to consult with an attorney who specializes in Federal Disability Retirement law.
Sincerely, Robert R. McGill, Esquire