Federal and Postal Disability Retirement: The Depressed Ground

Depressed ground in Guatemala City: This sinkhole was estimated to be 60 feet wide and 300 feet deep

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.

Woman listening to her psychologist

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 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

 

OPM FERS/CSRS Disability Retirement: To Be a Squirrel, for a Day

Watching them is an exercise of fascination; with nimble flight, to jump from a rooftop to the tip of a branch 10 feet away; scurry up and down trees with little thought (or is that merely a human projection without justification?) and no hesitation between the daredevil act and the graceful landing; and then to sunbathe in the midday warmth on a protruding ledge of the fence.

What a carefree existence; or so it would seem.  For, upon an extended observation, one realizes that there is never a moment when the squirrel is unaware of its surroundings, and that the anxiety-filled existence of human beings is not too different from that of the animal kingdom from which we conceptually separate ourselves, but of which reality forces a recognition of kinship.

One wonders how the ordinary individual can survive the daily stresses of life; but in turning to an uncomplicated animal such as a squirrel, you quickly realize that we are created as a bundle of stress-resistance nerves.  For the squirrel, the probability of a predator ready to pounce requires a heightened spectrum of awareness that approaches constant vigilance.  For the individual human being, the technological, artificial, but nevertheless just-as-real “stressors” of stimuli which require minute-by-minute responses, are readily received by the evolutionary adaptation first developed in the dangers of wildlife.

Thus, it is little wonder that when a medical condition hits an individual, the quickened pace of deterioration and progressive chronicity of the condition turns to debilitating impact.  By then, the stress-overload has reached its maximum impact.

For the Federal and Postal employee who is beset with a medical condition such that one must contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the time between the onset of the medical condition and the need to file is often short.  This should not be surprising, given that the Federal and Postal employee has often ignored or otherwise overcompensated for the warning signs of impending consequences.

OPM Disability Retirement can take some time to obtain.  Whether under FERS or CSRS, every Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management, and the waiting time tends to be arbitrary, but in each case, somewhat lengthy.  Given that, once the crisis point of “needing” to file has been identified, it is important to take the next giant step and initiate the process.

And, like the squirrel of whom we imagine is merely frolicking in the sun, the lack of outward appearance of a need is never the true indicator of what is going on underneath.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Sometimes, It is the Wrong Question

If the question is asked, “Is it difficult to get Federal Disability Retirement benefits based upon a Stress Claim?” — within the context of the poorly-worded question, you may get a wrong answer.  This is because it is the wrong question to begin with.  

The concept and term “stress claim” is more appropriately formulated in the context of an OWCP claim.  It implies that one is claiming for compensation based upon a situation — a hostile work environment, a harassing supervisor, etc. — because the origin and inception of the medical condition generically characterized as “stress” implies that it is the workplace which is the originating responsibility for the very medical condition claimed.  

Such a question would thus imply a multitude of irrelevant considerations for purposes of filing for Federal Disability Retirement benefits under FERS or CSRS, such as the causality of the claim, whether the cause is merely situational (is it the supervisor causing the stress?  If so, if a Federal or Postal worker moved to another office or agency, could he or she work in the same job?), or contained within the context of the workplace. The problem with using the term “stress” in a question is that, whether as a noun or a verb, it implies too much while revealing too little.  If expanded upon (e.g., while stress may be the origin, is the medical condition Major Depression, anxiety, panic attacks, etc.), then the entire question takes on a new form.  Sometimes, the problem begins with the question asked which is poorly worded; and to a poorly worded question, a wrong answer might be given.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Psychiatric v. Physical Disabilities

People continually inquire as to the difference between Psychiatric v. Physical disabilities, as to whether one is more amenable to an approval over the other.  Psychiatric conditions can include a wide range of variables — from Bipolar Disorder, Schizophrenia, Obsessive-Compulsive Disorder, Major Depression, Anxiety, panic attacks, Agoraphobia, ADD/ADHD, and multiple other diagnoses.  Physical medical conditions, also, include a wide spectrum of disorders — Cervical, Thoracic or Lumbar conditions; various cardiac conditions; Carpal Tunnel Syndrome; Fibromyalgia; Chronic Fatigue Syndrome; Shoulder Impingement Syndrome; Plantar Fasciitis; Migraine headaches; Lupus; Chemical Sensitivity issues; allergies; COPD; and multiple other conditions.  Is there a difference between these (and the listed conditions are by no means meant to be exhaustive, but merely illustrative of the wide range of medical conditions)?  The answer is, ultimately, No. 

The foundational essence of a Federal Disability Retirement case, whether involving Psychiatric disabilities or Physical disabilities, is the impact upon one’s ability to continue to perform all of the essential elements of one’s job.  Further, recent case law holds that OPM cannot make a distinction between “objective” medical evidence as opposed to “subjective” medical evidence, and so the old distinction between “psychological” medical conditions as distinguished from “physical” medical conditions can no longer be seriously upheld.  Ultimately, and fortunately, there is no difference between psychiatric disabilities and physical disabilities when trying to get approved for a Federal Disability Retirement case under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire