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

 

Federal Employee Medical Retirement: Cartesian Bifurcation

Modern philosophy is often considered to have begun with the French philosopher, Descartes; this is perhaps unfortunate, for the resulting inward navel gazing which was precipitated and the subsequent conceptual bifurcation between mind and body, for which we must contend with and pay the price, to this day.

For the longest time, of course, there was a suspicion that psychiatric conditions were somehow less viable and more difficult to prove; this is perhaps as a result of a misconception and misunderstanding of that proof which constitutes “objective” data as opposed to “subjective” interpretations of any factual analysis.

In Federal Disability Retirement cases, the U.S. Merit Systems Protection Board has steadfastly rejected any notions of subjective/objective differentiation, especially when it comes to psychiatric medical conditions.  Fortunately for the Federal and Postal Worker who suffers from medical conditions such that the medical disability prevents one from performing one or more of the essential elements of one’s positional duties, the MSPB has repeatedly rejected OPM’s claim that certain medical evidence (clinical examinations and encounters with a psychiatrist, for instance) is merely “subjective”, as opposed to what they deem to be considered “objective” medical evidence.

Whether anyone at the U.S. Office of Personnel Management is aware of Descartes and the French philosopher’s profound influence upon the mind/body bifurcation is a matter of factual irrelevance; the important historical point to be recognized is the trickling down impact from theoretical discourses in academia, to the pragmatic application of concepts in bureaucratic administrative functions.

Descartes lives, and the echoes of his philosophical influence resounds and reverberates down into the hallways of the U.S. Office of Personnel Management, in the daily reviews of Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Concept of Psychiatric Medical Conditions

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, and in representing Federal and Postal employees these many years to obtain the benefit of Federal Disability Retirement benefits from the Office of Personnel Management, the encounter with psychiatric medical conditions is often an involvement of greater complexity for multiple reasons:  Unlike physical conditions, the insidious nature of having an appearance of normalcy often undermines the Agency’s ability to effectively deal with the medical condition.  

While “the law” has certainly adapted itself to accept the concept of psychiatric medical conditions, such that Major Depression, Bipolar Disorder, Anxiety, panic attacks, Agoraphobia, paranoia, psychotic episodes, etc. (as well as multiple other psychiatric medical conditions not listed herein, as this is not intended to be an exhaustive list) have become “legitimate”, it is the encounter with “real” people that continues to present the problems inherent in preparing, formulating and filing a Federal Disability Retirement application.  

For, as a “paper presentation” to the Office of Personnel Management, the conceptualized presentation of a medical condition — whether physical or psychiatric — can be effectively made by the efficacy of words and concepts.  However, the reaction and treatment of “real people” in the “real world” (i.e., the Agency, coworkers, Supervisors, etc.), who deal with appearances and productivity, the problematic lack of compassionate or empathetic encounter with psychiatric medical conditions continues to abound.  

It is easy to have compassion for that which we can observe; it is far more difficult to grasp and understand the world of one’s psyche.  This is why other such medical conditions similar in their conceptual framework — Chronic Fatigue Syndrome, Fibromyalgia, etc., present difficulties for the employment community, whether in the Federal sector or the private arena.  Unless, of course, there is a “blood test” or some other diagnostic tool which one can point to, where one is able to say, “Ah, yes, so that is the problem…”  

We live in a world where we have the arrogance of believing that everything can be conceptualized and understood, and that every effect must have an understandable cause.  We are all logicians at heart; but sometimes the music of the world around us makes us pause, and astounds us to remind one that our speck of life in a vast universe should bring about a sense of humility.  

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Psychiatric Conditions

Sometimes, it is asked whether or not Psychiatric medical conditions are more difficult to pass through in filing a Federal Disability Retirement application.  Implicit in that question, of course, is whether there still exists an inherent stigma attached to Psychiatric conditions, as opposed to “physical” medical conditions.

Over the years, there has obviously been a cultural transformation in the legitimization, acceptance, and overall recognition that Psychiatric conditions are just as “valid” as any other medical conditions.  With such acceptance and recognition, the increase in applications for Federal Disability Retirement benefits under FERS or CSRS based upon Psychiatric medical conditions has had a parallel effect, and the short answer is that there really is no greater difficulty or distinction to be made between filing a Federal Disability Retirement application based upon Psychiatric medical conditions as opposed to, or in contradistinction to, non-psychiatric conditions.  

The legal criteria remains the same. From the wide spectrum of Major Depression, Anxiety, Post Traumatic Stress Disorder, Bipolar Disorder, Agoraphobia, Panic Disorder, various forms of Paranoia, etc., the preparation, formulation and presentation of a Federal Disability Retirement application under FERS or CSRS remains the same:  Obtaining the proper and substantiating medical documentation; forming the narrative bridge between one’s psychiatric medical conditions and the impact upon one or more of the essential elements of one’s job; and making the proper legal arguments, etc.  

Ultimately, one must approach Psychiatric medical conditions in the same manner as non-psychiatric, physical conditions:  by preparing, formulating and filing an excellent narrative presentation of a Federal Disability Retirement application under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire