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

 

Early Retirement for Disabled Federal Workers: Generalized Anxiety Disorder

It may seem antithetical to talk about the psychiatric condition of Generalized Anxiety Disorder in filing for Federal Disability Retirements benefits under CSRS or FERS, especially during the Holidays — but, in fact, the analogy with the high stress which many Federal and Postal workers feel because of Christmas, New Years & other holidays is especially relevant.  

Let me elaborate.  Such a time period as “The Holidays” in fact often brings greater stresses in a person’s life — for it is precisely a time when one is “supposed” to feel joyous, when in fact an individual’s internal, personal turmoil may contradict the outward appearance which one manifests.  Such a combination — of the high level of stress one is experiencing, at a particular time (the Holidays), may be considered a “situational” psychiatric condition, because (hopefully) it will subside once the time-period passes.

This is a good way to understand what distinguishes between a “situational disability” (which is disallowed in Federal Disability Retirement applications under either FERS or CSRS) and “non-situational disabilities” (which are viable medical conditions pervading all aspects of one’s life, regardless of time or situation).  

The Office of Personnel Management will often attempt to characterize the psychiatric condition of Generalize Anxiety Disorder as one of merely “situational occurrence” — i.e., of being particularized and categorized as occurring only within the confines of a particular department, a particular workplace situation, or a period of time when a specific supervisor or coworker is present (sort of like occurring during the Holidays).  But Generalized Anxiety Disorder, properly diagnosed by a treating physician, is rarely, if ever, situational, and in fact is a serious psychiatric condition which qualifies for Federal Disability Retirement benefits under FERS or CSRS.  

Do not let the Office of Personnel Management fool you; Generalized Anxiety Disorder is a viable psychiatric medical condition, especially if it pervades all aspects of your life, and it prevents you from performing one or more of the essential elements of your job as a Federal or Postal employee under either CSRS or FERS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Anxiety

Anxiety is a special form of a psychiatric disability — one which must be approached with thoughtful care in preparing a Federal Disability Retirement application under FERS or CSRS.  While often accompanied by Major Depression, and sometimes panic attacks, Generalized Anxiety Disorder will often have corollary discussions in medical treatment and office notes of references to employment issues involving workplace harassment, discrimination, hostile work environments, etc.  Such references to workplace issues can lead to the Office of Personnel Management denying a Federal Disability Retirement application based upon “Situational Disability” — a medical disability which is self-contained within a particular workplace situation, but which may not necessarily extend to a different office environment with the same job requirements.  

To make moot a claim of situational disability, one would have to show that the medical condition — Anxiety — pervades all aspects of one’s life, and is not just circumscribed by the particular harassing environment of a specific workplace, or a Supervisor, or a hostile workplace, etc.  The more one focuses upon the workplace as the instigating causal force behind one’s anxiety, the more it will compound the problem of being deemed a “situational disability” in a Federal Disability Retirement application under FERS or CSRS.  Ultimately, it is irrelevant what “causes” the anxiety; the important thing is that a person suffers from a medical disability, and the primary focus should be upon treatment of that condition.

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

Federal & Postal Service Disability Retirement: Experience & the Medical Condition

Often, when a client receives the finalized disability retirement packet, I receive a response that goes something like:  “I didn’t realize I was so bad off, until I read through the prepared packet.”  While I have not personally experienced the medical conditions of my many clients over the years, I have the experience of having spoken to them, and have learned about the symptoms, the words which best describe the pain, the impact, and the symptoms which are experienced on a daily basis. 

That is why it is an absurdity for the Office of Personnel Management, for example, to continually and redundantly refer to Fibromyalgia cases as ones with symptoms which “wax and wane”.  Or, with severe Major Depression, Anxiety and panic attacks, the Office of Personnel Management will systematically deny many such claims by stating that there is no “objective medical evidence” to show that the individual is unable to continue to provide efficient service in a cognitive-intensive job.  It is the job of the attorney, in a Federal Disability Retirement case, to be the one who projects the experience of the disabled Federal or Postal employee.  The attorney does not have to personally experience the medical condition in order to properly and descriptively convey the impact of the symptoms and debilitating conditions; however, it is helpful if the attorney has had a wide range of experience — by having spoken to multiple individuals over the years who have personally experienced such conditions.  In this way, the attorney can obtain the experience to express the medical experience of the applicant.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: OPM's Words

It is a frightening thought that there may be a percentage of Federal or Postal Federal Disability Retirement applicants who read an initial denial from the Office of Personnel Management, and take their words at face value.  From statements such as, “Your doctor has failed to show that your condition is amenable to further treatments” (by the way, when did the Office of Personnel Management obtain a medical degree or complete a residency requirement?) to “you have not shown that you are totally disabled from performing efficient work” (hint:  this is not Social Security, and the standard is not “total disability”), to a full spectrum of error-filled statements in between, one may suspect that there may be a knowing strategy in rendering a denial, knowing that a small percentage of the corpus of disability retirement applicants will simply walk away and not file a Request for Reconsideration. 

Further, I suspect that this occurs more often with certain more “vulnerable” medical conditions — Fibromyalgia, Chronic Fatigue Syndrome, Major Depression, PTSD, anxiety, panic attacks; Chemical Sensitivity cases, etc.  Why do I suspect these?  Mostly because such cases are attacked for “lacking objective medical evidence” (see my articles on Vanieken-Ryals v. OPM, and similar writings) and failing to provide “diagnostic test results”, etc.  There was a time, long ago, when it used to mean something when someone said, “The Government says…”  In this day and age, I would advise that you take it to an attorney to review whether or not the words of the Office of Personnel Management are true or not.

Sincerely,

Robert R. McGill, Esquire