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

Postal and Federal Disability Retirement: Workplace Stress

Stress symptoms are not always visible

Stress symptoms are not always visible

Stress is that pernicious aura, neither visible nor definable, with a spectrum of tolerance particularized by individuals, and which pervades silently and invisibly but for the manifestations through physical reactions. It can lead to both physical ailments as well as psychiatric turmoil, requiring medical management ranging from prescription medications to hospitalization.

Who among us knows where the “breaking point” is, for a coworker, Supervisor, etc.? Are there signs of stress where one could have predicted the actions or reactions of another? As a silent killer of incremental gnawing, stress impacts different people in variegated ways, and can often be the primary foundation for multiple medical conditions, but rarely diagnosed as such.

OPM may deny your stress claim as being situational

OPM may dismiss your stress claim as being situational: “But it only happens at work” (they may argue)

Stress in the workplace, of course, carries over into personal lives, and conversely, people who experience exponential quantification of stress in one’s personal life, will carry it into the professional arena despite monumental efforts to contain it.  Stress can be the exacerbating force in compounding and complicating already-existing medical conditions.

While stress itself, standing alone, becomes a problematic issue in which to base a Federal Disability Retirement application upon, because it points to the potential of being “situational” and therefore contained within a particular work environment; nevertheless, stress can be, and often is, a part of any Federal or Postal Disability Retirement submission.

Federal and Postal employees can become eligible for OPM Disability Retirement benefits, whether under FERS or CSRS, if it can be shown that one’s medical condition prevents you from performing one or more of the essential elements of one’s job.

Stress may even affect the way we present our cases

Stress may even affect the way we present our legal cases

What role stress plays in such an application; how it is characterized; the manner in which it is presented; where in the compendium of medical conditions it should be stated — all are important in the complex narrative presentation of a Federal Disability Retirement application, for any Federal or Postal employee who is considering filing for the benefit of Federal Disability Retirement.

In the end, however stress is described, one thing is certain: it plays a large role in everyday lives, and pervades as oxygen and toxins alike permeate the atmosphere of the air we live in and of which we breathe.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Cartesian Bifurcation

Modern philosophy is often considered to have begun with the French philosopher, Descartes; this is perhaps unfortunate, for the resulting inward navel gazing which was precipitated and the subsequent conceptual bifurcation between mind and body, for which we must contend with and pay the price, to this day.

For the longest time, of course, there was a suspicion that psychiatric conditions were somehow less viable and more difficult to prove; this is perhaps as a result of a misconception and misunderstanding of that proof which constitutes “objective” data as opposed to “subjective” interpretations of any factual analysis.

In Federal Disability Retirement cases, the U.S. Merit Systems Protection Board has steadfastly rejected any notions of subjective/objective differentiation, especially when it comes to psychiatric medical conditions.  Fortunately for the Federal and Postal Worker who suffers from medical conditions such that the medical disability prevents one from performing one or more of the essential elements of one’s positional duties, the MSPB has repeatedly rejected OPM’s claim that certain medical evidence (clinical examinations and encounters with a psychiatrist, for instance) is merely “subjective”, as opposed to what they deem to be considered “objective” medical evidence.

Whether anyone at the U.S. Office of Personnel Management is aware of Descartes and the French philosopher’s profound influence upon the mind/body bifurcation is a matter of factual irrelevance; the important historical point to be recognized is the trickling down impact from theoretical discourses in academia, to the pragmatic application of concepts in bureaucratic administrative functions.

Descartes lives, and the echoes of his philosophical influence resounds and reverberates down into the hallways of the U.S. Office of Personnel Management, in the daily reviews of Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Danger of Malleable Concepts

Concepts which retain the ability to alter in chameleon-like fashion, switching from subject to object, from noun to adjective, is one which must be used with care and loathing.  For, as the old adage goes, that which can be used as a shield, may also be applied as a sword, and such malleability and changeability can both protect, as well as be used against one.  So it is with stress.

The word itself can be applied in various language games and conceptual constructs, as in:  “I am under a lot of stress”; “The stress is killing me”; “The place where I work is very stressful“; “I suffer from stress”; “The stress I am under is literally killing me”; and many other linguistically transformational usages.  But when it comes to applying the term and concept in a Federal Disability Retirement application, whether under FERS or CSRS, one must take care in usage, applicability, and appropriate insertion both as a medical term as well as in everyday common verbiage.  For, stress itself is rarely a valid basis, standing alone, for a Federal Disability Retirement application; and if used wrongly, can be deemed as implying a situational medical condition unique to the individual’s workplace — something which OPM will pounce upon in order to deny such a claim.

Malleability can be a positive force; but that which stands with you, it can also switch sides and suddenly turn against you.  Better to have a steadfast friend than one who seeks greener pastures in a wink of the eye.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Stress & the Workplace

Taking off from work for a few days because of “stress” may be entirely appropriate; basing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS or CSRS, upon a “stress claim” may not be the most effective way of formulating one’s case.

Stress is a pervasive factor in all employment atmospheres; whether resulting from overly demanding supervisors, or the self-imposition of time and due-dates, stress is a daily occurrence and reality of the modern technological world.  If we ever thought or believed that technology would reduce the burden of stress, we have been sorely mistaken; for, in this world where instantaneous responses are expected, where emails are sent and received within the blink of a button being pushed; where smartphones hound you with texts and emails; where phone calls and faxes are merely afterthoughts in the business world; stress is an inherent aspect and element in all workplaces.

How one deals with stress; the varying tolerance levels particularized to individual personalities; the level of trigger-points which result in tertiary and consequential medical conditions — it is the latter which must be focused upon when preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management. For, while stress itself may not be an acceptable basis for a Federal Disability Retirement application, the resulting medical conditions which manifest themselves as a result of stress likely are.

In the end, attempting to create a stress-free environment is in itself a stressful venture; and one which is not likely to succeed.  Similarly, while stress itself may not be a valid basis for a Federal Disability Retirement case, the medical consequences of stress are likely the foundational basis of an effective application for Federal Disability Retirement benefits, whether under FERS or CSRS, submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Gatekeeper of Stress

The gatekeeper’s duties encompass the power to determine who enters and exits, and to monitor guests, invitees and generally to control the inflow and outflow of traffic to and from the designated property.

Stress originates from one’s external environment.  It can be physical — as in manual labor which, often because of repetitive use and impact, can result in injuries or occupational hazards; as well as mental and emotional, resulting in secondary or tertiary medical conditions as a natural and direct result thereof.  One often thinks of the gatekeeper as merely he who guards the physical security of a piece of property.  But stress also requires a gatekeeper — especially for the psychological impact which it portends.

In contemplating the preparation, formulation and filing of a Federal and Postal Disability Retirement application, whether under FERS or CSRS, with the U.S. Office of Personnel Management, it is important to understand the inherently problematic nature of attempting to feature “stress” as a medical condition itself.  While it may spawn other conditions, because stress is a part of almost every workplace environment, it rarely serves to be a successful “condition” standing alone.  In conjunction with medical conditions often associated with it, however, it can be effectively and persuasively be identified and delineated.

All of us are ultimately gatekeepers for the things which impact our lives.  Each of us have innate spectrums for tolerating varying levels of environmental factors, including workplace stress.  When the gatekeeper allows too many security violations to occur, it may well be a basis for “removal” from the environment.  And while stress itself may not be the single best basis for exiting the environment, there will surely be other medical conditions which result from the stresses, which will justify preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire