Tag Archives: chronic pain cases in federal disability retirement

Postal and Federal Disability Retirement: Pleasure & Pain

Other than the obvious alliteration of the two concepts, they are antonyms defined by the reality of sensations.  On a spectrum, each can reach differing measures of identification and tolerance:  pain can vary in degree of severity and tolerance, based upon an individual’s capacity; pleasure can reach a wide range of obscure identifiers, because of the subjectivity involved in what constitutes pleasure for one individual as opposed to another.

The two principles combined, of course, can complement and detract on a spectrum; as pain increases, one’s pleasure diminishes; but the corollary effect may not be of parallel consequence in that an increase in pleasure will not necessarily subtract or minimize the pain one experiences.  As a general principle of life, however, the proportional existence of each brings about the valuation and quality of one’s being and existence, and the worthiness of a sustained life.

For those who suffer from a medical condition such that one’s medical condition directly impacts the daily quality of one’s life, measurable pain and the quantitative existence of pleasure is important in planning for the future.  For the Federal and Postal employee who suffers from a progressively deteriorating medical condition, whether physical, psychiatric, or a combination of both, pain often becomes a constant companion which negates the sustenance of life’s pleasures.

Federal Disability Retirement for Federal and Postal Workers, whether under FERS or CSRS, filed through the U.S. Office of Personnel Management, is an employment benefit meant to allow for the Federal and Postal employee to alter the course of one’s life and career, by providing for a basic annuity with the added encouragement of going out into the private sector and pursuing a second vocation and career.  It is thus a recognition of the paired principles of pain and pleasure; of allowing for a respite from the pain in one’s career, while identifying that work and productivity often results in the increase of pleasure in one’s life.

It is an anomaly that two such opposing conceptual constructs are perceived inseparably; but as life often presents us with conundrums which cannot be explained by mere linguistic gymnastics, the reality of pain and pleasure provides markers by which we are guided to act.

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

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

Disability Retirement for Federal Government Employees: Events

Society often proceeds in starts and fits; from one event to the next; from a noted day off on a calendar; from that three-day weekend to the next; from a noted celebration; and time is then marked off and set in our minds as details to fill into the wide linear void of time. But chronicity of medical conditions counters such attempts to neatly bifurcate time into segments of comprehensible packages, precisely because there is no break in the duration of progressive deterioration.

Chronic pain is an equalizer of time; it negates and nullifies, and throws one into the deep abyss of a time when time did not exist; of a prehistoric state of being where sensation, events, environmental dangers and the necessity to survive by reacting consume and overwhelm any sense of segments of time.  Civilization and societal niceties create the neat packages of time-oriented existence; like pristine lawns in a suburban neighborhood, property-lines establish our lives like time-lines on an itinerary of a corporate employee.

How does one break that abyss of timelessness?

Federal Disability Retirement through the Office of Personnel Management, whether under FERS or CSRS, allows for that recuperative segment of time in which a Federal employee may turn to, in order to break the chronicity of a progressively deteriorating medical condition.

At least Federal and Postal employees have that option.  For many in the rest of society, the niceties of a segmented life will continue to determine one’s ability to escape that prehistoric time of timelessness.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Pain and the Fallacy of Objectivity

Pain by definition is “subjective”, if by it one means that the experiential verification of the condition is uniquely possessed by the “I”, or the subject of the experience.  By contrast, that which is deemed “objective” is presumably validated by more than the possessor of the experiential condition — i.e., by third parties; by testing for the validity and verification of an event through means other than the personal narrative of a singular subject.  Yet, if verification of an experience is accepted merely by sheer volume of a collective consensus, then most scientific revolutions in advanced discoveries would never have survived.

In Federal Disability Retirement law, it is often the argument of the U.S. Office of Personnel Management that the Federal or Postal applicant has failed to provide “objective” medical evidence in presenting his or her case.  The narrative of having a condition of “chronic pain”, or “severe pain” — being “subjective” by definition — is not deemed “objective“, and therefore cannot be the valid basis alone for a Federal Disability Retirement case (or so the argument by OPM is often presented).  Even the results of an MRI will not necessarily satisfy the scrutiny of OPM; for, ultimately, an MRI can only reveal an observable abnormality — not that a person experiences “pain”.

Fortunately, there are a number of cases in law which rebut OPM in their attempt to bifurcate between “objective” and “subjective”, and such legal tools should always be cited and applied in any Federal or Postal Disability Retirement application.

While pain may indeed be subjective by definition, the objectivity of a Federal Disability Retirement application should never be based upon what OPM deems as sufficient; rather, it is the law and the long history of legal guidance by the courts which should mandate how OPM acts.  Indeed, if we let OPM’s subjective determinations rule the day, we would all be left in an existential state of pain — one which would then result in a collective consensus which may be deemed objective in nature.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Pain, Anxiety & Exacerbation

Medical conditions tend to “feed upon” one another.  Maintaining a balanced perspective on anything is difficult when one is in pain, and the nagging, incessant presence of pain, diffuse and radiating, extending to areas and points of the body where one can no longer specify a particular area because of the widespread extension, makes it impossible to have the requisite focus and concentration necessary to perform one’s job.  Further, the profound fatigue which results from the daily fight against the pain, where one’s energy and reserve of patience for daily social and professional encounters is expended and exhausted such that one must choose between being civil or countering the pain, is something which many cannot understand.

At some point, consideration must be given to preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management.  Whether now, or a few weeks from a stated point, becomes an irrelevancy when one suffers from chronic pain, for the Federal or Postal employee who has endured such medical conditions already knows — whether the doctor concedes it or not — that one cannot continue in this manner.

The physical pain, of course, only serves to exacerbate and feed upon the anxiety — anxiety which projects future events, financial security (or insecurity), and whether and for how long one’s agency or the U.S. Postal Service will look the other way as performance deteriorates and the pervasive whispering campaign by coworkers and supervisors begins.  Pain of a chronic nature only invites anxiety; and when the two combine, they serve to exacerbate to an extent where an exponential result is attained, neither explained by the pain alone nor the presence of anxiety, but where the sum of the total exceeds any ability to maintain the balanced perspective needed to continue to perform the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Writing about Medical Conditions

It is easy to give advice about pain when a person is feeling no pain; it is unwise to act upon it when one is in an extreme state of it.  For, the former will often be disbelieving of the extent and severity of it and will therefore view it as involving a lack of fortitude; the latter will be willing to sell his soul in order to rid himself of it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the problem of pain is representative of the greater difficulties of writing about a medical condition — of the dichotomy and bifurcation of subject-object; of sympathy – empathy; of persuasion and what constitutes effective writing which compels a person to tears.

Of course, as to the latter — we need not expect an OPM Case Worker to be reading your narrative in the Applicant’s Statement of Disability to suddenly burst out in tears, get up, and scream as he or she is running down the corridors of OPM holding your case file declaring, “This one is approved!  This one is approved!” (although such a scene would indeed be welcome and rather amusing).

The problem nevertheless exists — of how one can write about one’s own medical conditions, with a level of objectivity, a compelling sense of persuasive effect, a standard of maintaining a perspective which declines to cross into maudlin overstatement, and a judicious use of adjectives in conveying a true picture of pain or symptomatologies of medical conditions, which paints the picture as opposed to merely narrating a list of diagnoses which may portray unfeeling information, as opposed to the entirety of information, feeling, sensation and struggle — the aggregate of the human condition as encompassed by one in pain.

The problem has no answer; rather, it is one which must always seek a solution, which is a process in and of itself.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Those Chronic Medical Conditions

Often, in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there is the concern that because a particular medical condition has had a “chronic” nature to it (whatever the particular diagnosis is, to include Chronic Fatigue Syndrome, Failed Back Syndrome, Fibromyalgia, Chronic Pain, etc.), that somehow it will impact the chances of being approved for Federal Disability Retirement benefits under FERS or CSRS.  

The argument and concern goes somewhat as follows:  X Federal or Postal employee has been able to work for Y number of years for the Agency or the U.S. Postal Service; the medical condition has not prevented the Federal or Postal employee from performing the essential elements of the job all these years, because the Federal or Postal employee has simply endured the chronic nature of the pain; therefore, the medical condition (it is feared) cannot be cited as a basis for an approval from the Office of Personnel Management.  

However, the mere rationale that a particular medical condition is chronic, inherently or otherwise, is not a basis for being concerned about a denial.  The fact is that a particular Federal or Postal employee was able to perform the essential elements of his or particular job for many years; the chronicity of the medical condition is often the case; but at some point, the constant, chronic pain comes to a point where the Federal or Postal employee is no longer able to physically, emotionally or mentally tolerate the extent, duration and severity of the pain.  At such a critical point, it is time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire