Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve

Trends are often characterized by the actions of a few.  Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial “curve” which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future.

The ivory tower of academia is another such bastion of proclivities where, if observed carefully, can infer a discernment for future waves to come. The views of sociologists, psychologists, philosophers and economists (to name just a few “ists” within the self-vaunted world of esoteric penumbras; note, however, how the “philosopher” is not termed the “philosophist” — why is that? Perhaps because there was a desired disassociation with sophistry?) preview a trend of forthcoming conundrums impacting a society.

In the pragmatic world in which most of the rest of society inhabits, however, the dualism pronounced (and in many sectors of philosophy, denounced) concerning the bifurcated universe of the cognitive as opposed to the physical, continues to be debated. Dennett, consciousness, Nagel, Scruton, and the continuing debate over whether human consciousness can be reduced through the scientific language-game of mere biological processes, rages on in the ivory towers of conceptual constructs.

In the real world, this debate is reducible to the pragmatic question of whether psychiatric conditions are “as acceptable” as physical manifestations of traumatic conditions. For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of whether it is “more difficult” to win a Federal Medical Retirement claim from OPM is one which overwhelmingly can be answered in a positive, pro-worker manner: today, fortunately, there is little distinction to be made between psychiatric health problems and physical health problems.

Major Depression, Anxiety, panic attacks, Bipolar Disorder, Autism Spectrum Disorders, suicidal ideations, nervous breakdowns, etc. — all are viable bases upon which to file for Federal Disability Retirement benefits, on a par with physical conditions of chronic pain, cervical and lumbar dysfunctions, shoulder impingement syndrome, Crohn’s Disease, etc.  Descartes’ dualism cannot be found in the world of OPM and in the filing for a Federal Medical claim of disability.

The proverbial curve of societal trends is often determined by those at “the top”; but in the case of acceptance of psychiatric conditions in comparative analysis to physical conditions in the filing for Federal Disability benefits through the U.S. Office of Personnel Management, the trend of acceptance on a par for both was established long ago, probably as a result of the reality of either and both conditions, and the realization by the bureaucracy that however you term the condition, the importance of a Medical Disability Retirement claim finds its essence on the impact of one’s ability or inability to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: The Depressed Ground

Depressed ground in Guatemala City: This sinkhole was estimated to be 60 feet wide and 300 feet deep

A huge sinkhole in Guatemala City: This one was estimated to be 60 feet wide and 300 feet deep

The term itself immediately implies the clinical concept of a psychiatric condition; but, of course, it can also mean that there is a geological sinkhole, of a stretch of land, small or large, sunken in comparison to the surrounding area.  A rabbit’s nest can create a depression; excessive rain can loosen the soil and depress the land; and depression can overtake the healthiest among us, sending us down a course which envelopes the emotions, mind and soul with loss of energy, overwhelming sadness, and lethargy of life so overpowering that physical manifestations, profound and intractable fatigue, and an unwavering sense of hopelessness and helplessness pervades.

Sometimes, the two distinct but complementary concepts can intersect: the depressed grounds only adds to one’s depression. The former usage, of course, only metaphorically speaks to the physical characteristic of description; the depression of the ground is not literally a physical sinking of the land, but implies a dilapidation of the neighborhood; while the latter refers to the mental state of an individual exacerbated by the solitary degradation of the environment.

It is when the two distinct conceptual constructs intersect and are combined, that the impact upon the Federal or Postal worker may be felt.  For it is precisely the vicious cycle of “feeding upon itself” that the Federal or Postal Worker experiences — of the depression in a clinical sense, combined with the depressed grounds of one’s workplace — when change of scenery may become necessary in order to travel towards the path of restorative health.

Woman listening to her psychologist

Mental illnesses can affect persons of any age, race, religion or income: Here a young woman listens to her psychologist

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, is available for all Federal and Postal employees who are under FERS or CSRS, when the intersection of a medical condition and one’s inability to perform one or more of the essential elements of one’s job, comes to the fore. It is there to be eligible for all Federal and Postal employees, when the depression (in the clinical sense) impacts the depressed grounds (in the sense of the work environment).

Thus, when the joy of life is depleted, and the hallowed grounds of sunlit mornings and the cool breeze of dusk transforms into a universe of regret and remorse, Federal Disability Retirement benefits for the Federal and Postal employee should be a serious consideration; as it may become necessary to leave the depressed grounds of yore.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Stress, Anxiety, Depression…

Stress is often the noun which triggers.  As the originating causation, it is often considered the evil cousin who brings about other ailments. It is a state of mental or emotional strain which is encountered under extraordinary circumstances, often hostile in nature, and involving a lack of calm or quietude.

Workplace stress is a reality of the modern technological age; hostile work environments have been identified as causative agents of stress; and demands for overburdened, repetitive work habits contribute exponentially.

Attempts to reduce workplace stress are always welcomed but often ineffective

Attempts to reduce workplace stress are always welcomed but often ineffective

While the goal for a “stress-free environment” is generally unattainable and a mythological state existing only in one’s imagination, it is thought from a medical perspective that engaging in stress-reducing activities, whether incrementally throughout the day, or during one’s leisure time, remains an important facet of healthy living.

The noun which triggers — stress — is that which, if left unchecked, can result in the debilitating effects of an explosion of psychiatric (and physical) medical conditions, including (but not limited to) anxiety, depression, suicidal ideations, homicidal thoughts, intrusive nightmares, Post Traumatic Stress Disorder, gastric and abdominal dysfunctions, chronic and profound fatigue, general malaise, chronic pain, debilitating migraine headaches, and a host of other medical conditions.

At some point, when the seriousness of a medical condition brought about by stress cannot be relieved or reduced through pragmatic means of altering key components which cause the stress, then complete removal from the stressful environment must be considered.

Generalized anxiety disorders appear in physical and psychological ways. Headaches are a possible physical symptom. So are muscle aches, sweating, and hot flashes.

Federal Disability Retirement, available for all Federal and Postal employees who have the minimum number of years of service, whether one is under FERS or CSRS, and filed through the U.S. Office of Personnel Management, must always be considered when one’s medical condition — whether triggered by stress or some other causative agent — begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position.

Sometimes, when the visiting cousin who carelessly and thoughtlessly spreads germs and destructive diseases comes for a short visit, subtle hints as to the unwelcome nature of the visit may simply fail to move.  In such cases, it is time to move out, leaving behind the unwanted cousin to drown in the misery of his own making.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Post Traumatic Stress Disorder

Post Traumatic Stress Disorder (often referred to by its acronym, PTSD), is often associated with war-time experiences and specific traumatic incidents.  Often accompanied by other psychiatric conditions (e.g., Major Depression, anxiety, panic attacks), it can be characterized by symptoms of nonrestorative sleep resulting from intrusive thoughts, nightmares, inability to focus and be attentive because of hypervigilance, and multiple other similar correlative symptoms.  

In filing for Federal Disability Retirement benefits under FERS or CSRS, the Office of Personnel Management will often make the spurious and irrelevant argument that the applicant failed to pinpoint a “specific incident” which “triggered” the PTSD.  However, most psychiatric medical reports and narratives which I have reviewed do not necessarily require such a triggering incident.  Indeed, it can often be as a result of a series of stressful events which came to a “boiling point” where the Federal or Postal worker could no longer tolerate the stresses of daily life beyond a certain flash point — and for each individual, that point of “no tolerance” is different and distinct, precisely because each individual is a unique being.  

Post Traumatic Stress Disorder, or PTSD as is commonly known, is a viable basis for Federal Disability Retirement benefits under FERS or CSRS — but as with all medical conditions, must be conveyed in a narrative which is understandable and linked to one’s inability to perform one or more of the essential elements of one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: How to Handle those “Second-Class” Medical Conditions

Attitudes toward various medical conditions change over time.  This has certainly been the case with psychiatric medical conditions:  Major Depression, Anxiety, panic attacks, Bipolar Disorder, Agoraphobia, PTSD, OCD, etc.  At one time in our society, the heavy stigma placed upon such medical conditions essentially made them unacceptable.  Over time, however, as greater numbers of such conditions came to the forefront, and greater success at treatment of such conditions became evident, the validity and acceptance of such conditions have resulted in other medical conditions taking their place. 

Thus, certain conditions such as Fibromyalgia, Chronic Fatigue Syndrome, Chronic Pain, Chemical Sensitivity cases, etc., have become the psychiatric conditions of a prior age.  Perhaps it is because the medical profession treats such conditions as afterthoughts — where, through a process of elimination of saying that the medical condition is not X, Y or Z, therefore it is A. 

Whatever the reasons, in a Federal Disability Retirement application under FERS or CSRS, a Federal or Postal employee who is applying for such benefits who is suffering from any of the Second-Class medical conditions must formulate and compile his or her case in a thoughtful, deliberate and forceful manner.  Such an application must include adequate medical support; a clear and concise bridge between the symptomatologies experienced and the type of job which one must perform; and legal arguments which support the basis for an approval.  To some extent, this approach is no different than with any other medical condition; it is merely a reminder that one must cross all “T’s” and dot all “I’s” with that much more care.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Time to Make the Decision (Part 2)

The medical condition known as “Fibromyalgia” is analogous to the manner in which Federal and Postal employees approach the decision-making process in filing for Federal Disability Retirement benefits under FERS & CSRS.  Let me explain:  Fibromyalgia, as the Office of Personnel Management often likes to characterize, often manifests itself with chronic and diffuse pain which “waxes and wanes” — meaning, in simple terms, that there are good days and bad days; days when the pain is unbearable, excruciating and debilitating; and days when one can “manage” the extent of the pain and mental dysfunction and confusion. With that context, the Office of Personnel Management often tries to argue that it is not “so bad” as to qualify for Federal Disability Retirement benefits under FERS & CSRS. 

By analogy, people with all sorts of medical conditions — from physically debilitating neck and back pain; from Orthopaedic injuries, arthritis, chronic pain, visual impairment, etc.; to psychiatric disabilities of Major Depression, anxiety, panic attacks, PTSD — some days, one can seem to manage the disability; on other days, one cannot get through the day, let alone perform the essential elements of one’s job.  But deep down, one knows that one cannot continue forever on the same course.  To continue is to slowly wither away by a thousand cuts, one cut at a time, one cut per day.  And so, just as the Office of Personnel Management is plainly wrong (for Fibromyalgia is a chronic and debilitating medical condition which clearly qualifies for disability retirement), so the person who procrastinates in making the decision to file for Federal Disability Retirement benefits under FERS & CSRS is simply waiting for the inevitable.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Again — Reminder as to the Statute of Limitations

I have many, many people who are on all sides of the spectrum concerning the time-line of filing for Federal Disability Retirement benefits under FERS & CSRS — people who call me 2, 3, 5, sometimes 10 years after being separated from service, saying they were never informed about the benefit of Federal Disability Retirement benefits.  Obviously, such former Federal employees cannot now (except in extremely peculiar and rare circumstances) file for Federal Disability Retirement benefits, under either FERS or CSRS. 

Then, there are those who are still “on the rolls” — those who have never been separated (normally because of the negligence or neglect of the Agency) from Federal Service, who call to ask whether they can file for Federal Disability Retirement now.  The answer is most often, Yes, and furthermore, once the disability retirement is approved, the annuitant can receive back-pay all the way back to the last date of pay.  Then, there are those who call me in a state of panic, saying that it has been almost a year after the injury; is it too late to file?  No, it is not too late, so long as it has not been over one year from the time of separation from service.  Thus, here is a reminder (again):  A Federal or Postal employee has up until one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, from the time of being separated from Federal Service — meaning, when you have been terminated from being a Federal or Postal employee, and are off of the “rolls” of the agency.  I don’t know how to make this any clearer.

Sincerely,

Robert R. McGill, Esquire

Follow

Get every new post delivered to your Inbox.

Join 93 other followers