OPM Disability Retirement Attorney: Stress in the Federal Workplace

Stress is a natural and inherent part of everyday and ordinary life.

For the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one needs to always consider its form, content, extent and significance of inclusion in a Federal Disability Retirement application.

As a primary diagnosis, such an inclusion can be considered as merely “situational“, precisely because stress is a factor seen in workplace contexts across the board. As a secondary manifestation of another primary diagnoses, the danger of having the condition relegated to being a situational condition immediately disappears.

Whether the conceptual construct is used as a noun or as a working verb may appear to be merely a linguistically elastic play — a Wittgensteinian language game of sorts — but it is precisely what must be engaged in for a successful preparation and formulation of a Federal Disability Retirement application.

For, in the end, a Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, encompassing a wide spectrum of descriptions, arguments and factual/legal analysis; and such is the nature of a language game, where the conversion of nouns into working verbs may be the difference between success or failure in a Federal OPM Disability Retirement claim.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: A Reminder of Sorts

Pain is a reminder of sorts; but then, so are alarm clocks, speed bumps and the presence of law enforcement personnel.  All around us, through signs, advertisements, smart phone apps, and sticky notes which we write to ourselves, we are surrounded by reminders.

The plethora and abundance of such reminders have never been the issue; rather, it is the responsiveness, or lack thereof, which determines the future course and orientation of one’s life. And so it is with the signals which are transmitted through out biological system; of that nagging hip pain which won’t simply go away; of increasing panic and anxiety attacks which paralyze one with physical manifestations of chest pains, difficulty breathing, etc.

Doctors can treat the symptoms; sometimes, medicating the symptoms lessens the strength of signals; the weakened reminders try desperately to find an alternate route to raise the alerts in more poignant and insistent form; but we humans are adept at ignoring such signage and alarms.

For Federal and Postal employees who have come to a point where the reminders can no longer be ignored, Federal Disability Retirement is an option to pursue.  It is available for all Federal and Postal employees under FERS or CSRS, and where it can be established that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is the likelihood of a successful outcome.

Reminders?  The Federal and Postal Worker has already long been aware of them, through the personal experience of one’s medical condition.  It was never a question of whether there were reminders; it was always the “when” — when would we finally acknowledge and respond?  It is, and always was, just a matter of time.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Pain Ownership

Wittgenstein was a master of linguistic analysis, and questioned the traditional correspondence theory between the language which we speak and describe about the world, and the objective reality which we encounter on a daily basis.  He was the penultimate anti-philosopher who saw philosophy as merely a bundle of confused and confusing conundrums unnecessarily propounded by misuse and abuse of language.

Viewed by many as the successor to Bertrand Russell and English Empiricism, he questioned consistently the role of language, its origins, and confounding complexities which we have created by asking questions of a seemingly profound nature, but which he merely dismissed as containing self-induced mysteries wrapped in a cloak of conundrums.

For Wittgenstein, the problem of pain and “pain language” is of interest; of the person who speaks in terms of “having a pain”, as opposed to the doctor who ascribes the situs of such pain in areas vastly different from where the pain is felt; and the complexities of correlating diagnostic studies with the existence of pain.

For the Federal and Postal employee who is under FERS or CSRS and is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the relevance of Wittgenstein’s linguistic analysis should not be overlooked.  Pain is a personal matter, whose ownership is never in dispute by the person who feels such a phenomena; but how to express is; in what manner to effectively convey the validity of such sensation; how best to “put it into words” is always the problem of effective and persuasive writing.

There is a vast chasm of differences between the ownership of pain and the conveyance of the sensation such that the reader (in this case, the U.S. Office of Personnel Management) will be persuaded of one’s medical condition.  The correlative fusion between the world of language and the objective reality of an indifferent universe must be traversed efficiently and effectively; that is the whole point of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: When Once Sleep is No Longer Restorative

Sleep is more than the cessation of activities; it is a state of slumber and dormancy, when one can effectively escape from the daily stimuli of variegated bombardments; as an escape, it allows for the mind to suspend the frantic functioning of communicating and conveying the billions of information bits which must be perceived, processed, bundled, interpreted, and delivered to the destination needed for instantaneous response and decision-making.

Such a complex, subconscious and underlying process may be comprised of a simple act as mundane as scratching an itch located in one’s lower extremity; or it may be to respond to an emergency of epic proportions involving countless lives.  But for each response and particularized stimuli, the multitude of processing venues which the mind must filter requires a time of restorative relief, known variously as that state of “sleeping”.

Thus, for the Federal and Postal employee — whether in law enforcement in tracking down criminals and drug cartels; or for Federal prosecutors who must weave a complex web of details to put together a case; or for the window clerk at the Postal Service who must respond to multiple queries from customers on an hourly basis; all are subjected to varying degrees of information processing by the brain, which requires complex connections occurring beneath the skin, within the protective skull of our brains, and sent to destinations throughout our bodies.

At the end of the day, sleep becomes a necessity, for purposes of restorative value, to rejuvenate mind, body, and the classic “ghost in the machine” — the human soul.  But when sleep is no longer restorative; when the chronic pain interrupts the required time of suspended dormancy; or when the anxieties of the human psyche overwhelm us with uncontrollable ruminations of fears both real and created — then sleep itself becomes an enemy of our own making.  Without that period of restorative suspended dormancy, the very lack of sleep exacerbates those other medical conditions which dominate our daily lives.

Federal Disability Retirement, whether under FERS or CSRS, through the Office of Personnel Management, allows for the Federal or Postal employee to escape that vicious cycle of medical condition/lack of sleep/progressive deterioration/work/back to the constancy of the debilitating medical condition.  Perhaps it is time to rethink the paradigm.

Federal Disability Retirement is a step forward for Federal and Postal employees, in order to reach that point of restorative sleep needed, for the health of the human psyche.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Pain as a Reminder

Pain is a reminder that the physiological state of one’s body is in need of rest or repair; it is tantamount to an error message on the computer, with the analogy of our brain being the software component.  Chronic pain thus constitutes a system shutdown; continued non-response and delay will either result in systematic error messages or progressive deterioration where the entire system will begin to be impacted with reverberating consequences.

It is well that the largest organ of our body is our skin; for, as a concealing covering, it contains the inner workings — and malfunctions — of our other organs and systems.  But within the constellation of the composite of organs and systems functioning in coordinated fashion to keep us alive, the “software system” allows for error messages to be relayed to important information centers, of warnings meant to be heeded.

Pain is such an error message; chronic pain is the heightened alert system to keep us informed.

For the Federal or Postal worker who experiences such continuous and persistent relays of error messages, the failure to heed merely delays the necessity of responding to the system shutdown.  Federal Disability Retirement is meant to be a compensatory system whereby a restorative period of recuperation is allowed for, with the possibility of engaging in employment in a different capacity without losing one’s base annuity.  It is a long and involved administrative process.  Such preparations must be submitted through the U.S. Office of Personnel Management, whether you are under FERS or CSRS; further, if you are a separated Federal or Postal employee, you have only up until one (1) year to file from the date of separation.

Allowing the error message to be sent repetitively and ignored out of hand may constitute malpractice on the part of the recipient — the Federal or Postal Worker who does nothing but continue to be dedicated to one’s job, while ignoring the basic rule of life:  self preservation.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Pain Problem

The problem with pain is that, quite simply put, there is only one person who “owns” it — the pain-feeler.  One can describe it, ascribe adjectives which somewhat make it come alive for the listener; and even attempt metaphors and analogies that expand upon the limited universe of words as opposed to the physical sensation which creates havoc and turmoil in a person’s life.

There are numerical designations (“she consistently feels pain on the scale of 7/10 daily”) and words like “chronic”, “intractable”, and “severe” capture a sense of what a person undergoes; but in the end, these are merely word-games in comparison to the agonizing physical trauma which the person experiencing the pain must endure.

In preparing a paper presentation to the U.S. Office of Personnel Management in the form of a Federal Disability Retirement packet, whether under FERS or CSRS, chronic pain and the extent of how such pain prevents one from performing one or more of the essential elements of one’s job, is often problematic for the Federal or Postal employee who is contemplating such a venture.

It presents a challenge for two primary reasons:  First, because of the difficulty in translating a physical sensation into a clear and effective conceptual modality; and Second, because the audience to whom such a descriptive analysis is conveyed is quite likely attuned to, and therefore somewhat indifferent to, thousands of such descriptions, and thus may have a somewhat calloused view of such statements.

Overcoming the roadblocks and gaining the attention of an OPM case worker requires more than the mere meeting of the law; it demands overcoming the problem of pain — both medically, and administratively.

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