FERS Disability

Last Updated on November 16, 2021 by FERS Disability Attorney

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an OPM Disability Attorney who has previously had the experience in preparing an effective Federal or Postal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire