Medical Retirement for Federal Workers: Chronic Pain

Chronic pain in a Federal Disability Retirement application can result in a “catch-22” (as that famous Joseph Heller novel forever captured that phrase) — on the one hand, the diffuse and radiating, incessant pain results in such a high level of distractability that one is unable to focus and concentrate upon either a sedentary job, or a job which requires physical exertion because of the limitation and restriction of movement which such pain induces; but further, if one ingests pain medications, such medications will often create sedation to the extent that it results in greater lack of focus & concentration, or result in making a Federal or Postal worker into a “workplace hazard” because of the potential for accidents, etc.  

In such a case, “accommodation” in the workplace becomes a moot point in a Federal Disability Retirement case.  Such tripartite connections — between the Federal or Postal Worker and the type of work he or she engages in; the medical condition the Federal or Postal Worker suffers from; and the symptomatologies which manifest themselves which impact one’s ability to perform all of the essential elements of one’s job — are important to explain, delineate, and ultimately narrate effectively in preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Anxiety

Anxiety is a special form of a psychiatric disability — one which must be approached with thoughtful care in preparing a Federal Disability Retirement application under FERS or CSRS.  While often accompanied by Major Depression, and sometimes panic attacks, Generalized Anxiety Disorder will often have corollary discussions in medical treatment and office notes of references to employment issues involving workplace harassment, discrimination, hostile work environments, etc.  Such references to workplace issues can lead to the Office of Personnel Management denying a Federal Disability Retirement application based upon “Situational Disability” — a medical disability which is self-contained within a particular workplace situation, but which may not necessarily extend to a different office environment with the same job requirements.  

To make moot a claim of situational disability, one would have to show that the medical condition — Anxiety — pervades all aspects of one’s life, and is not just circumscribed by the particular harassing environment of a specific workplace, or a Supervisor, or a hostile workplace, etc.  The more one focuses upon the workplace as the instigating causal force behind one’s anxiety, the more it will compound the problem of being deemed a “situational disability” in a Federal Disability Retirement application under FERS or CSRS.  Ultimately, it is irrelevant what “causes” the anxiety; the important thing is that a person suffers from a medical disability, and the primary focus should be upon treatment of that condition.

Sincerely,

Robert R. McGill, Esquire