Tag Archives: federal attorneys for postal stress claims

OPM Disability Retirement: A Day Does Not a Life Make, Nor a Decade

The tragedy of extinguishment is the failure to recognize future potentiality.  We often gauge the value of a lifetime based upon the quality of any given day.  Yet, what happens in an arbitrary period of a life, whether viewed randomly on a day, or even assessed and evaluated over a decade, will rarely reflect the comparative worth of a lifetime as analyzed on a linear continuum.

Youth is a wasted period of emergence; middle-age is often a reflection upon that wasteland of remorse; and old age brings physical and cognitive infirmities which engage in fruitless efforts of counting the remaining days.  And so does a circularity of the absurd prevail upon us.

Medical conditions merely exacerbate and are an unwelcome source of further despair.  When a medical condition impacts upon one’s “quality” of life, whether upon the ability to perform one’s positional duties

as in the Federal sector, or debilitates and prevents the physical capacity, such a condition magnifies in exponential despair the devaluing of the human condition.

For Federal and Postal employees who find that a medical condition prevents him or her from performing one or more of the essential elements of one’s job, the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a way of countering the valuation of a lifetime of contributions based upon a given day of despair.

Federal agencies and the U.S. Postal Service, whether intentionally or unwittingly, will make disparaging judgments upon the worth of an individual once a medical condition begins to prevent one from performing all of the essential elements of one’s job.  But such valuations are based upon pure ignorance of witless magnitude.

For every Federal employee and U.S. Postal worker, judgment on any given day does not a life make, and indeed, nor does even a decade declare the true value and worth of a person.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Stress & the Workplace

Taking off from work for a few days because of “stress” may be entirely appropriate; basing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS or CSRS, upon a “stress claim” may not be the most effective way of formulating one’s case.

Stress is a pervasive factor in all employment atmospheres; whether resulting from overly demanding supervisors, or the self-imposition of time and due-dates, stress is a daily occurrence and reality of the modern technological world.  If we ever thought or believed that technology would reduce the burden of stress, we have been sorely mistaken; for, in this world where instantaneous responses are expected, where emails are sent and received within the blink of a button being pushed; where smartphones hound you with texts and emails; where phone calls and faxes are merely afterthoughts in the business world; stress is an inherent aspect and element in all workplaces.

How one deals with stress; the varying tolerance levels particularized to individual personalities; the level of trigger-points which result in tertiary and consequential medical conditions — it is the latter which must be focused upon when preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management. For, while stress itself may not be an acceptable basis for a Federal Disability Retirement application, the resulting medical conditions which manifest themselves as a result of stress likely are.

In the end, attempting to create a stress-free environment is in itself a stressful venture; and one which is not likely to succeed.  Similarly, while stress itself may not be a valid basis for a Federal Disability Retirement case, the medical consequences of stress are likely the foundational basis of an effective application for Federal Disability Retirement benefits, whether under FERS or CSRS, submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Gatekeeper II

The image of the gatekeeper is a powerful one — for it represents both sides of an analogously identical coin:  of an insurmountable impasse from the perspective of a third party, as well as the key to entry and deliverance when seen from the subjective “I”.

Stress is ultimately an inevitable and inherent part of any workplace environment.

Each of us represents a gatekeeper of sorts; what we allow to bother us, and what stresses we embrace and transport into the quietude of our own homes, will often depend upon each individual’s tolerance for the wide spectrum of ability to filter the stresses impacting our lives.

The U.S. Office of Personnel Management is also a gatekeeper of sorts.  The Agency empowered to make determinations on all Federal Disability Retirement applications can open the door to allowing for that crucial rehabilitative time in a person’s life, where granting of a Federal Disability Retirement application will secure one’s future and change the course of one’s life in order to avoid, avert and allow for an environment different from the stressful one which is impacting one’s health and well-being.

Ultimately, the gatekeeper him/herself — the Federal or Postal employee — must make the decision to open the door or not, and to take the next step in determining whether or not it is time to file for Federal Disability Retirement benefits, whether under FERS or CSRS.  That decision — whether to open the door or not — is often the single most important step of one’s life, career, and future course of actions.

In the end, we determine who we are, what we want in life, and when the right time is, in overcoming the insurmountable; for the gatekeeper has the hidden key to the passageway to the Khyber Pass of our own future.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Claims of Stress

“Stress”is a phrase which is used to describe a myriad of conditions, circumstances and origins of countless medical conditions.  The word itself is malleable and elastic, and can be used in multiple forms — as an adjective, noun, verb, etc.  As a term of common usage to describe the workplace, it is accepted as an inherent part of any job encapsulating a set of responsibilities, because of the accompaniment of positional duties, time management, goal-orientation, and working cooperatively with others in unison and common coordination of efforts.

In the context of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the U.S. Office of Personnel Management, the term itself will appear repeatedly throughout — in medical reports, in an Applicant’s Statement of Disability, and even in a Supervisor’s Statement.

In most circumstances, the term “stress” is used in a grammatically loose sense, and as a secondary identifier of a medical condition, as opposed to a primary diagnosis of a medical condition.  To assert that one “suffers from stress” is a generalization which normally requires greater particulars, and rather describes one in a series of multiple symptoms rather than a conceptually clear diagnosis which is accepted in the medical community.

Moreover, such a statement implies that the “sufferer” of the “stress” receives such a condition and is responding to a particular source of such suffering — i.e., a specific workplace.  This is where “situational disability” is then alleged, and the U.S. Office of Personnel Management will deny a Federal Disability Retirement application based upon such an assumption and implication.

There are ways to counter such assertions, implications and inferences, but such inoculation against such a charge must be addressed at the outset, not in the middle (although, in most cases, such mistakes can indeed be corrected), of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Stress

“Stress” is always the “problem child” in a Federal Disability Retirement application under FERS or CSRS.  If a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s job because of an intolerance to a certain level of stress, then certainly it should be considered as a basis for preparing, formulating and filing a Federal Disability Retirement application, either under FERS or CSRS.  However, treatment modalities must be engaged — normally, via a psychiatrist or psychotherapy.

Further, there are always issues which will come about in basing the primary medical condition as “stress” — aside from the fact that it is a generic designation which will often have corollary designations, such as Major Depression, Generalized Anxiety Disorder, etc.  For example, can one define “tolerance to stress” as an essential element of one’s job?  It is certainly an inherent element, implicit in many multi-tasking jobs and ones which require a high level of responsibilities or is subject to timeliness in quotas and work production.  But when issues concerning stresses which arise as a result of “personnel issues” (i.e., interaction with supervisors, coworkers, etc.), then it becomes a “problem-child” which is best avoided, for numerous reasons, including the possibility and danger of having one’s Federal Disability Retirement application denied based upon a “situational disability“.  Concepts and thoughts to ponder, when preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire