OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: External-Internal Linkage

Thoreau’s observation that the mass of men lead “lives of quiet desperation” holds a profound place in daily acquiescence to the stresses of modernity; the influence and linkage between the internal workings of biology, psychology and the interplay upon health and wellbeing, and the greater macro-impact from the inevitable encounters with the external, objective world of phenomena, cannot be ignored or otherwise avoided.

The rise of self-help methodologies, of yoga, meditation, exercising and diversionary activities, is merely a reflection of the exacerbation of the internal connection as directly impacted by the external world; the linkage is there; we simply fail to otherwise recognize or acknowledge it.  Stress in the workplace is an accepted part of one’s employment; it is when stresses rise to the level of a hostile workplace that the law allows for some form of alleviated responsiveness.

But filing lawsuits, confronting the obvious, and publicly decrying boorish behavior and actions constituting illegal harassment often compounds the internal turmoil fraught with stresses upon one’s psyche; and one wonders in the end, who wrote the laws governing the litigation of such employment disputes, as special interests from trial lawyers to employers, union conglomerates to corporate lobbyists all had a hand in writing up a statute to protect the singular employee of limited means.

“Quiet desperation” infers resignation and defeat; and for many, the image of the rugged individual who stands alone to fight until death or destruction is the standard to compare one’s own limited power and actions to be employed.  But as the internal linkage to the external world cannot be denied, so health and well-being can be destroyed by the interplay with a continuing hostile workplace.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, insistence upon continuing one’s chosen career is often a choice to the detriment of the internal affairs of man, with little impact upon the macro-efficiency of the agency.

Federal Disability Retirement is an option of choice for the Federal or Postal worker who is under FERS, CSRS or CSRS-Offset, and is often mandated by the deteriorating health of an individual (internal), necessitated by the inability to perform all of the essential elements of one’s positional duties (external), and by showing by a preponderance of the evidence that the former impacts the latter (linkage), one can qualify for the benefits and salvage the quiet desperation enveloping and engulfing the insular life of an individual seeking help in the dark meanderings of a lonely outpost, where the echoing howl of a single wolf reaching out to the eclipsed moon on a cold and windy morning represents not an animal in distress, but a recognition that the wider world out there is part of man’s destiny for things greater than showing up for work to follow the demands of a bureaucracy lacking of empathy or concern.

Sincerely,

Robert R. McGill, Esquire

 

Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve

Trends are often characterized by the actions of a few.  Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial “curve” which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future.

The ivory tower of academia is another such bastion of proclivities where, if observed carefully, can infer a discernment for future waves to come. The views of sociologists, psychologists, philosophers and economists (to name just a few “ists” within the self-vaunted world of esoteric penumbras; note, however, how the “philosopher” is not termed the “philosophist” — why is that? Perhaps because there was a desired disassociation with sophistry?) preview a trend of forthcoming conundrums impacting a society.

In the pragmatic world in which most of the rest of society inhabits, however, the dualism pronounced (and in many sectors of philosophy, denounced) concerning the bifurcated universe of the cognitive as opposed to the physical, continues to be debated. Dennett, consciousness, Nagel, Scruton, and the continuing debate over whether human consciousness can be reduced through the scientific language-game of mere biological processes, rages on in the ivory towers of conceptual constructs.

In the real world, this debate is reducible to the pragmatic question of whether psychiatric conditions are “as acceptable” as physical manifestations of traumatic conditions. For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of whether it is “more difficult” to win a Federal Medical Retirement claim from OPM is one which overwhelmingly can be answered in a positive, pro-worker manner: today, fortunately, there is little distinction to be made between psychiatric health problems and physical health problems.

Major Depression, Anxiety, panic attacks, Bipolar Disorder, Autism Spectrum Disorders, suicidal ideations, nervous breakdowns, etc. — all are viable bases upon which to file for Federal Disability Retirement benefits, on a par with physical conditions of chronic pain, cervical and lumbar dysfunctions, shoulder impingement syndrome, Crohn’s Disease, etc.  Descartes’ dualism cannot be found in the world of OPM and in the filing for a Federal Medical claim of disability.

The proverbial curve of societal trends is often determined by those at “the top”; but in the case of acceptance of psychiatric conditions in comparative analysis to physical conditions in the filing for Federal Disability benefits through the U.S. Office of Personnel Management, the trend of acceptance on a par for both was established long ago, probably as a result of the reality of either and both conditions, and the realization by the bureaucracy that however you term the condition, the importance of a Medical Disability Retirement claim finds its essence on the impact of one’s ability or inability to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Stress, Anxiety, Depression…

Stress is often the noun which triggers.  As the originating causation, it is often considered the evil cousin who brings about other ailments. It is a state of mental or emotional strain which is encountered under extraordinary circumstances, often hostile in nature, and involving a lack of calm or quietude.

Workplace stress is a reality of the modern technological age; hostile work environments have been identified as causative agents of stress; and demands for overburdened, repetitive work habits contribute exponentially.

Attempts to reduce workplace stress are always welcomed but often ineffective

Attempts to reduce workplace stress are always welcomed but often ineffective

While the goal for a “stress-free environment” is generally unattainable and a mythological state existing only in one’s imagination, it is thought from a medical perspective that engaging in stress-reducing activities, whether incrementally throughout the day, or during one’s leisure time, remains an important facet of healthy living.

The noun which triggers — stress — is that which, if left unchecked, can result in the debilitating effects of an explosion of psychiatric (and physical) medical conditions, including (but not limited to) anxiety, depression, suicidal ideations, homicidal thoughts, intrusive nightmares, Post Traumatic Stress Disorder, gastric and abdominal dysfunctions, chronic and profound fatigue, general malaise, chronic pain, debilitating migraine headaches, and a host of other medical conditions.

At some point, when the seriousness of a medical condition brought about by stress cannot be relieved or reduced through pragmatic means of altering key components which cause the stress, then complete removal from the stressful environment must be considered.

Generalized anxiety disorders appear in physical and psychological ways. Headaches are a possible physical symptom. So are muscle aches, sweating, and hot flashes.

Federal Disability Retirement, available for all Federal and Postal employees who have the minimum number of years of service, whether one is under FERS or CSRS, and filed through the U.S. Office of Personnel Management, must always be considered when one’s medical condition — whether triggered by stress or some other causative agent — begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position.

Sometimes, when the visiting cousin who carelessly and thoughtlessly spreads germs and destructive diseases comes for a short visit, subtle hints as to the unwelcome nature of the visit may simply fail to move.  In such cases, it is time to move out, leaving behind the unwanted cousin to drown in the misery of his own making.

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