Posted on June 02, 2015 in Administrative Law
It is the slow, destructive force of incrementalism which presents the greater danger in life. Most people can respond to a full-blown crisis; those are events where the human chemistry of adrenaline flow and reactive thoughtlessness results in heroic acts as told in epic narratives. But what of the slow and deliberate acts of daily sniping? How well do we respond, and in civil discourse where physical challenge to such cowardly encounters is no longer acceptable, what does one do? For the Federal employee and the U.S. Postal worker who must contend daily with supervisors, co-workers, managers, etc., in the deliberative incrementalism of destructive criticism, heightened hostility, and the slow churning of pressure by the drip-drip method of administrative sanctions, actions and reprimands, the cost of remaining in an atmosphere of toxicity is high, indeed. When the medical condition begins to impact the capacity and ability to perform one or more of the essential elements of one’s positional duties, the Federal agency and the U.S. Postal Service engages in a fairly routine manner of acting — of ostracizing, impeding and obstructing. One would think that, with all of the laws and public awareness concerning disability discrimination, that society — and especially the Federal sector — would be sensitive in the treatment of Federal and Postal employees who suffer from a medical condition; but, alas, civilization rarely progresses in response to genteel laws reflecting intellectual advancement; rather, they remain within the constraints of the origin of one’s species (hint: the reference is to the Darwinian paradigm of evolutionary determinism). Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the best choice remaining for Federal or Postal workers who must contend with the incrementalism of sure destruction. For, in the end, one must always reflect upon the priority of values — of health, continuation in a toxic environment, and whether it is worth it in the end. It may be years before the adverse effects surface, or mere months; but that is the legend of the age-old torture methods which are most effective; the ones who administer the pain have all the time in the world; it is the victim who must live with the consequences.
Sincerely, Robert R. McGill, Esquire