Often, the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is involved in, or considering such involvement in, collateral or ancillary actions against the Agency or the U.S. Postal Service.
Litigation is a difficult road to travel; both in terms of emotional drain and financial commitment, a successful EEOC action or some form of lawsuit against a Federal Agency, can take a tremendous toll upon the Federal or Postal employee engaging in such parallel legal universe. Further, when a medical condition is involved, the ability of the litigant to engage in the protracted, emotionally and physically draining garbage pit of depositions, discovery and endless demands of a Dickensian “Bleak House” endeavor, can detrimentally impact one’s health and ability to recover. Justice has a high price; perhaps that is why it is rarely achieved.
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the engagement of collateral legal avenues often reflects a complex history of an adversarial relationship between the Federal or Postal employee, and the Federal Agency or the U.S. Postal Service. Yet, such ancillary litigation is often anathema to obtaining Federal Disability Retirement and in many ways defeats the purpose.
As part of the review of the entirety of the process, it serves you well to consider the toll of such collateral litigation once the Federal or Postal employee files for, is waiting for, or receives a Federal Disability Retirement. At what price, and to what end? Or is it a tie which continues to bind, and merely squeezes the life that is left?
Robert R. McGill, Esquire