Posted on December 03, 2014 in Administrative Law
What it is that motivates a person to achieve greatness; whether the factor of that which does, or purports to be, and to what extent the outward articulation of the elements of a driving force corresponds with the esoterically objective truth underlying the learned and expected statements for public consumption; these, we may never know. Most of us engage in repetitive monotony of actions; whether by fear of societal retribution, the judgment of peers, a sense of responsibility and obligation; or, perhaps even by sheer ignorance and stupidity, where the instinctive drive is merely based upon the base hunger for accumulation of material objects; as self-reflection is rarely a consideration of serious intent, so the onset of what some deem a mid-life crisis is often nothing more than a pause in unthinking acts of greater thoughtless chasms in void and vacuity. Medical conditions, and the impact of a debilitating injury or disease, can be the prompting nudge for change and upheaval. Whether because a medical condition forces one to consider a redistribution of life’s priorities, or merely because they interrupt the capacity and ability to continue in an unthinking manner; regardless of the motive, change becomes an inevitable consequence of an unexpected medical condition. For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, is an option of limited choice. For, as the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, so the dependency upon the agency to provide a "reasonable accommodation" is ultimately an act of futility. "Reasonable accommodation" is merely that which is accorded in order to perform all of the essential elements of the job; it does not do away with any of the elements, and thus is rarely conceivable, and practically impossible to implement. Federal and Postal workers who are prevented from performing one or more of the essential elements of one’s job, at least have the option of filing for Federal Disability Retirement benefits. Many in the private sector have no such benefit, and are thus left to disparate means and desperate devices. Often, the onset of a medical condition becomes a crisis of meaning, where the medical condition itself compels the Federal or Postal worker to question the meaning and value of one’s work and accomplishments. But the loss of meaning need not occur as a necessary or inevitable consequence. Federal Disability Retirement accords an opportunity of a second bite at the proverbial apple; there is life after Federal Disability Retirement for those who get beyond the long and arduous bureaucratic process, and the meaning of one’s existence need not be the harbinger of fate, but merely a door opened for future endeavors of thoughtful exercises and prioritizing of values.
Sincerely, Robert R. McGill, Esquire