OPM Accepted Medical Conditions

The problem with “lists” is that, the moment one realizes that one is not on the list, the tendency is to simply give up and go home.  But lists are rarely exhaustive; rather, most are merely to provide a “paradigm” or “type”, as opposed to exclusionary intent by failing to specify or name.

PTSD

Federal Civilian employees with PTSD may qualify for OPM Disability Retirement depending upon the circumstances.  There is no need to prove that this condition is pre-existing or job-related

Thus, for Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the critical issue to recognize is threefold:  First, becoming qualified for Federal Disability Retirement benefits through OPM is not dependent upon having an officially identifiable diagnosis which matches a “list” compiled at OPM; Second, in some ways, the symptoms manifested are just as important as the underlying diagnosis, precisely because what the Federal or Postal employee “suffers from” is what impacts the capacity and ability of the Federal or Postal employee in performing the essential elements of one’s positional duties; and Third, because Federal Disability Retirement is based upon the nexus between one’s medical condition and the positional duties required in one’s job, there is a requirement of showing the “connection” between the Federal or Postal job and the manifestation of the diagnosed medical condition(s).

Sleep Apnea

Obstructive Sleep Apnea (or Apnoea) may also qualify for OPM Disability Retirement if this condition causes fatigue and sleepiness in such a way that it interferes with work productivity

Thus, while a 1-to-1 ratio between a medical condition and an “essential element” of one’s positional duties is not required (the recent Henderson case reiterated that issue), a showing of incompatibility between the medical condition and the positional requirements is enough to establish eligibility for OPM Disability Retirement Benefits.  In the end, providing a “list” is somewhat more of a disservice than not, because no list would ever be complete, and an incomplete list has a tendency to dishearten and dissuade.

Sciatica and Low-back pain

Sciatica is a type of pain affecting the sciatic nerve, often as a result of repetitive strain injury.  U.S. Postal employees are especially vulnerable to low back pain and repetitive strain injuries when pulling “cages” (Mail Handlers); standing, twisting, turning, and bending when working with Flat Sorting Machines (Distribution Clerks); standing for long hours (Windows Clerks); and when sitting in mail trucks and carrying heavy mailbags on their shoulders for several hours (Letter Carriers)

That being said, there are overarching “types” of medical conditions in either categories:  of Psychiatric (Major Depression, Generalized Anxiety, Anxiety, panic attacks, suicidal ideations, Paranoia, Schizophrenia, Bipolar Disorder, Psychosis, ADD, ADHD, OCD), but which also fall under the general aegis of “cognitive dysfunctions” as well; and of Physical (Chronic Pain, Degenerative Disc Disease, Cervical degeneration; disc bulges and herniations; disc impingements; RSD; chemical-sensitivity issues; Asthma; pulmonary issues; anatomically-targeted issues involving hands, wrists, knees, feet, etc.; as well as GERD, Sleep Apnea, Profound Fatigue; IBS; residual effects from treatment regimens; symptoms which impact, directly or indirectly, the ability and capacity to perform the essential elements of one’s Federal or Postal positional duties); and many, many more.

Doctors' OPM narrative

Doctors are usually familiarized with SSDI rules, not with OPM Disability law; so, even if they are willing to help, they will be typically unable to do so

There:  the disservice has been accomplished; like being back in elementary school where the “list” for the most popular, the coolest and the best dressed did not recognize your name, for Federal and Postal employees, the focus needs to always be upon that “secondary” issue of the 2-part nexus: Whatever the “it” is, is it impacting your ability or capacity to perform one or more of the essential elements of your job?

Sincerely,

Robert R. McGill, Esquire

Federal Disability Attorney

Medical Retirement Benefits for US Government Employees: Numbers

Numbers, statistics and percentages rarely tell a complete story, especially in relation to a person’s medical condition.  In Federal Disability Retirement applications under FERS or CSRS, numbers must be utilized carefully and, more importantly, effectively.  Moreover, numbers can be used to diminish or otherwise minimize the seriousness of a medical condition.

For example, if the loss of a forefinger of a right-hand dominant individual would constitute a 5% disability of the “whole person”, does that tell the full story of the impact of such a medical condition upon one’s ability to perform a job which requires daily manual dexterity & use of the right hand?  Or if the loss of vision in one eye were deemed to be a 10% disability, how would one quantify such a medical condition for a computer graphics engineer?

Scheduled awards for Worker’s Comp requires such quantification; and the Veterans Administration ascribes service-connected disability ratings, but unless one descriptively defines the relevance of such numbers to the impact upon one’s ability/inability to perform the essential elements of one’s job, such numbers lose their importance and relevance.

In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to recognize that the language used, and not the numbers ascribed, determines the relevance and ultimate success.  Numbers must be descriptively quantified; numbers in and of themselves never tell a story, except perhaps to the mathematician, which the workers at the Office of Personnel Management are not.

Sincerely,

Robert R. McGill, Esquire