Federal Disability Retirement Layer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: The Uniqueness of Medical Conditions

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, there are always unique aspects of particular medical conditions which impact upon specific elements of the positional duties of a Federal or Postal employee.

Thus, for example, shoulder problems (rotator cuff tears; shoulder impingement syndrome, etc.) limits the ability to engage in rotational movements, and specifically restricts overhead lifting, or lifting above shoulder-level, and therefore constrains the ability to perform multiple craft-required duties for the U.S. Postal Service.

Similarly, for psychiatric medical conditions, Major Depression, Generalized Anxiety Disorder, Panic Attacks, and similarly oriented psychiatric medical conditions related or on a coordinated spectrum, impact the ability to maintain a sustained analytical perspective and performance of duties.  Thus, for information-based positions (Information Technology Specialist; Budget Analyst; auditors; personnel management duties, etc.), the very cognitive-intensive duties are directly impacted by such uniquely psychiatric conditions.

These examples, however, are merely referential samples, and in no way reflect an exhaustive discussion of how a medical condition impacts a particular kind of job, or the various elements which make up a Federal or Postal job.  

Thus, by way of cross-over example, a person who suffers from shoulder pain can be prevented from performing the essential elements of an information-based administrative job, because of the high distractability of the pain, the inability to take pain medications during work hours because of the sedation it creates, and because of the radiating pain and numbness to one’s extremities, preventing the repetitive type of work on a computer keyboard, etc.

Ultimately, one should never think in terms of a one-to-one ratio or correspondence between a specific medical condition and a particular element of a job.  Crossovers of medical conditions and their impact upon a job are ultimately unique to the individual, and it is the job of the OPM Disability Attorney to properly represent that uniqueness.  

Sincerely,

Robert R. McGill, Esquire