OPM Accepted Disabling Conditions: Suicidal Ideations

It is perhaps the final vestige of societal taboo; for, at what point the human animal realized that self-destruction became an option is open for debate.  In the Animal Kingdom, it is rare to find species openly seeking to end life; the struggle to survive and the Darwinian inherency for self-preservation and survival remains as vibrant as ever.

Being diagnosed with “suicidal ideation” is normally associated with psychiatric conditions of Major Depression and Generalized Anxiety, where the acceptable level of stress-tolerance exceeds the capacity to withstand.  Each individual is a unique creature; in this cookie-cutting mold of society where people get lost in the importance of position, fame, accolades and a false sense of admiration, it becomes commonplace to question one’s sense of worth and value.

Psychiatry has never been a perfect science; some even question the validity of its approach, as it has now become overwhelmingly a pharmacological event, with some semblance of therapeutic intervention thrown in as an afterthought.

For Federal employees and U.S. Postal Service workers who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or even CSRS Offset, the existence of suicidal ideations (or otherwise simply known as “having suicidal thoughts”) is often lost in the compendium of diagnosed psychiatric conditions, including Post Traumatic Stress Disorder (PTSD), where a significant event has intervened which has resulted in traumatic reverberations in one’s life; Anxiety (or more officially identified as Generalized Anxiety Disorder); Major Depression; Bipolar Disorder, with spectrum symptoms of manic phases and depressive states; as well as schizophrenia and paranoia.

For relevance to filing for Federal Disability Retirement benefits through OPM, the existence of suicidal ideations is often one more indicia of the seriousness of the diagnosed psychiatric conditions, but should never be determinative in whether one’s psychiatric condition is “serious enough” in order to be eligible for Federal Disability Retirement benefits.  Indeed, there are many, many Federal and Postal employees who file for OPM Disability Retirement benefits, who suffer from Major Depression, Anxiety, PTSD and other forms of psychiatric conditions, without ever suffering from suicidal ideations, and yet are fully qualified for, and become entitled to, Federal Disability Retirement benefits.

Further, as Federal Disability Retirement is based upon the algorithm of showing the nexus between one’s medical condition and the positional requirements of one’s Federal or Postal job, the impeding aspect of suicidal ideations may be negligible.  Rather, from a medical standpoint, it is one more factor of concern and consternation within a long list of diagnoses and symptoms which cumulatively form the basis for an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Depressed Ground

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.

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

 

Postal and Federal Disability Retirement: Workplace Stress

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 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 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 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

Federal Employee Medical Retirement: Claims of Stress

“Stress”is a phrase which is used to describe a myriad of conditions, circumstances and origins of countless medical conditions.  The word itself is malleable and elastic, and can be used in multiple forms — as an adjective, noun, verb, etc.  As a term of common usage to describe the workplace, it is accepted as an inherent part of any job encapsulating a set of responsibilities, because of the accompaniment of positional duties, time management, goal-orientation, and working cooperatively with others in unison and common coordination of efforts.

In the context of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the U.S. Office of Personnel Management, the term itself will appear repeatedly throughout — in medical reports, in an Applicant’s Statement of Disability, and even in a Supervisor’s Statement.

In most circumstances, the term “stress” is used in a grammatically loose sense, and as a secondary identifier of a medical condition, as opposed to a primary diagnosis of a medical condition.  To assert that one “suffers from stress” is a generalization which normally requires greater particulars, and rather describes one in a series of multiple symptoms rather than a conceptually clear diagnosis which is accepted in the medical community.

Moreover, such a statement implies that the “sufferer” of the “stress” receives such a condition and is responding to a particular source of such suffering — i.e., a specific workplace.  This is where “situational disability” is then alleged, and the U.S. Office of Personnel Management will deny a Federal Disability Retirement application based upon such an assumption and implication.

There are ways to counter such assertions, implications and inferences, but such inoculation against such a charge must be addressed at the outset, not in the middle (although, in most cases, such mistakes can indeed be corrected), of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Stress & Exacerbated Medical Conditions

Often, the generic designation of “stress” is the underlying medical condition; other medical conditions can exist, and perhaps are exacerbated by the underlying condition of “stress” — or, at least that is the suspicion, both by the Federal or Postal worker who is suffering from such conditions, and (hopefully) understood by the treating medical doctor. 

While failing to have direct causal linkage, the situation often arises where the chronic medical condition may have periods of remission, followed by severe episodes of unrelenting exacerbations.  The problem with such medical conditions in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, is that the medical condition must prevent one from performing one or more of the essential elements of one’s job, and such a condition must last for a period of 12 months or more. 

Medical conditions which “wax and wane” (OPM’s favorite description of Fibromyalgia) and are “not severe enough to preclude an individual from the workplace altogether” (another of OPM’s favorite descriptive rationalizations for denying a Federal Disability Retirement application — which is legally inconsequential and a mis-statement of the laws governing Federal Disability Retirement) — present a special challenge in preparing, formulating and filing a Federal Disability Retirement application.  However, even a challenge such as “stress” and a secondary medical condition which is exacerbated for episodic periods, is one which can be overcome, and successfully overcome. 

The fact is that the focus is often misplaced.  Instead of asking the doctor to focus upon each individual medical condition, it is the wiser route to have the doctor discuss all medical conditions in their totality, and show that the complex interaction of the primary and secondary medical conditions together prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Psychiatric Disabilities — Origin versus Situational

While the issue concerning “situational disability” has been previously discussed and written about in my various blogs and articles, it is helpful to keep in mind certain conceptual distinctions when preparing to file for Federal or Postal Disability retirement benefits under FERS or CSRS.  

The concept normally applies to psychiatric disabilities, and specifically to two major areas:  Major Depression and Anxiety.  The paradigm of such a case often involves a Federal or Postal worker who has had some difficulties, conflict with, harassment by, etc., a supervisor or coworker within the agency. The Federal or Postal worker begins to manifest symptoms of anxiety, depression, panic attacks, etc.  An EEO Complaint is filed; a grievance is filed; perhaps, several such alternative venues of legal processes are utilized.  Despite fighting back, the hostile work situation fails to resolve itself.  More importantly, the psychiatric medical condition continues to worsen.  

Does this simple hypothetical constitute a basis for Federal Disability Retirement benefits under FERS or CSRS, or is it precluded by the legal preclusion of “situational disability”?  As with all generic paradigms, the answer is:  It all depends.  

One must look at the chronicity of the psychiatric medical condition; whether the symptoms pervade all aspects of the life of the Federal or Postal Worker; to what extent the psychiatric medical conditions impact his or her ability to perform the essential elements of the job; and to what extent the Federal or Postal worker can perform such a job in a different environment.  It is in the details of the conceptual distinctions made, which determine the course of viability in filing for Federal or Postal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Psychiatric Issues

For Federal and Postal workers who are filing, or contemplating filing, for Federal Disability Retirement benefits under FERS or CSRS, the distinction between “physical” medical conditions and “psychiatric” medical conditions are not always so clear and distinct.  While cases can be bifurcated for many clients (where the medical basis upon which a Federal Disability Retirement is based is wholly physical, or entirely psychiatric), often, cases have a “mixed” character to them, where depression, anxiety, panic attacks, etc., arise or become “secondary” to a chronic medical condition.  

The complex interaction between physical pain, chronic medical conditions which impact one’s job, physical abilities, etc., can at their inception be “secondary” in the sense that they have arisen and manifested the symptomatologies “after” or “second to” the original medical conditions.  However, after some time (and this is being stated from a legal perspective reviewing many such instances in filing for Federal Disability Retirement benefits under FERS or CSRS), such secondary Major Depression, anxiety, panic attacks, and even other psychiatric medical conditions, can become the central or prominent medical condition which forms the basis of a OPM Disability Retirement application.  Thus, that which was once “secondary” does not always remain so; it can become the primary basis.

Sincerely,

Robert R. McGill, Attorney