Federal and Postal Disability Retirement: A Reminder of Sorts

Pain is a reminder of sorts; but then, so are alarm clocks, speed bumps and the presence of law enforcement personnel.  All around us, through signs, advertisements, smart phone apps, and sticky notes which we write to ourselves, we are surrounded by reminders.

The plethora and abundance of such reminders have never been the issue; rather, it is the responsiveness, or lack thereof, which determines the future course and orientation of one’s life. And so it is with the signals which are transmitted through out biological system; of that nagging hip pain which won’t simply go away; of increasing panic and anxiety attacks which paralyze one with physical manifestations of chest pains, difficulty breathing, etc.

Doctors can treat the symptoms; sometimes, medicating the symptoms lessens the strength of signals; the weakened reminders try desperately to find an alternate route to raise the alerts in more poignant and insistent form; but we humans are adept at ignoring such signage and alarms.

For Federal and Postal employees who have come to a point where the reminders can no longer be ignored, Federal Disability Retirement is an option to pursue.  It is available for all Federal and Postal employees under FERS or CSRS, and where it can be established that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is the likelihood of a successful outcome.

Reminders?  The Federal and Postal Worker has already long been aware of them, through the personal experience of one’s medical condition.  It was never a question of whether there were reminders; it was always the “when” — when would we finally acknowledge and respond?  It is, and always was, just a matter of time.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Pain Problem

The problem with pain is that, quite simply put, there is only one person who “owns” it — the pain-feeler.  One can describe it, ascribe adjectives which somewhat make it come alive for the listener; and even attempt metaphors and analogies that expand upon the limited universe of words as opposed to the physical sensation which creates havoc and turmoil in a person’s life.

There are numerical designations (“she consistently feels pain on the scale of 7/10 daily”) and words like “chronic”, “intractable”, and “severe” capture a sense of what a person undergoes; but in the end, these are merely word-games in comparison to the agonizing physical trauma which the person experiencing the pain must endure.

In preparing a paper presentation to the U.S. Office of Personnel Management in the form of a Federal Disability Retirement packet, whether under FERS or CSRS, chronic pain and the extent of how such pain prevents one from performing one or more of the essential elements of one’s job, is often problematic for the Federal or Postal employee who is contemplating such a venture.

It presents a challenge for two primary reasons:  First, because of the difficulty in translating a physical sensation into a clear and effective conceptual modality; and Second, because the audience to whom such a descriptive analysis is conveyed is quite likely attuned to, and therefore somewhat indifferent to, thousands of such descriptions, and thus may have a somewhat calloused view of such statements.

Overcoming the roadblocks and gaining the attention of an OPM case worker requires more than the mere meeting of the law; it demands overcoming the problem of pain — both medically, and administratively.

Sincerely, Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Gatekeeper of Stress

The gatekeeper’s duties encompass the power to determine who enters and exits, and to monitor guests, invitees and generally to control the inflow and outflow of traffic to and from the designated property.

Stress originates from one’s external environment.  It can be physical — as in manual labor which, often because of repetitive use and impact, can result in injuries or occupational hazards; as well as mental and emotional, resulting in secondary or tertiary medical conditions as a natural and direct result thereof.  One often thinks of the gatekeeper as merely he who guards the physical security of a piece of property.  But stress also requires a gatekeeper — especially for the psychological impact which it portends.

In contemplating the preparation, formulation and filing of a Federal and Postal Disability Retirement application, whether under FERS or CSRS, with the U.S. Office of Personnel Management, it is important to understand the inherently problematic nature of attempting to feature “stress” as a medical condition itself.  While it may spawn other conditions, because stress is a part of almost every workplace environment, it rarely serves to be a successful “condition” standing alone.  In conjunction with medical conditions often associated with it, however, it can be effectively and persuasively be identified and delineated.

All of us are ultimately gatekeepers for the things which impact our lives.  Each of us have innate spectrums for tolerating varying levels of environmental factors, including workplace stress.  When the gatekeeper allows too many security violations to occur, it may well be a basis for “removal” from the environment.  And while stress itself may not be the single best basis for exiting the environment, there will surely be other medical conditions which result from the stresses, which will justify preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: A Real-life Hypothetical

Assume the following hypothetical:  A Federal or Postal employee who is 48 years old, with 25 years of Federal Service, engages in a type of work which is repetitive, day in and day out (yes, even this sentence is repetitive and redundant), full time, over the course of those 25 years.  

One day, while moving a piece of furniture at the direction of his spouse, he feels a sudden and sharp pain in his back.  He has to sit down and rest for a while.  The “for a while” turns into a visit to the emergency room, then to his family doctor.  The MRI shows a disc bulge at L5-S1, with multi-level disc degeneration, spinal stenosis, and other degenerative changes.  Despite multiple modalities of treatments, including epidural steroidal shots, physical therapy, variances of medication regimens, etc. (and you can even add a surgical intervention), the pain continues to worsen and deteriorate his medical condition.  The chronic pain prevents him from performing his job.  Whether sedentary or physical, the high distractability of the pain results in his poor performance.  

Can he/she file an OWCP claim?  Such a claim is submitted and rejected, because the issue of causality cannot be established.  An appeal is filed, and it is again denied.  The treating Neurologist and Orthopaedic Specialist are unwilling to establish a direct causal link.  But one argues:  Do those 25 years of repetitive work account for nothing?  Can it all have occurred because of the singular occurrence?  Does my medical condition reflect that of a person twice my age merely because of a single incident?  

It is precisely because causality is the crux of OWCP, that Federal Disability Retirement under FERS or CSRS is an important benefit for all Federal and Postal employees. OWCP/FECA is a benefit which is great for the limited role it plays; Federal Disability Retirement is a benefit with wider applicability, and the chance for the Federal or Postal employee to enter into another phase of life.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Stress & Exacerbated Medical Conditions

Often, the generic designation of “stress” is the underlying medical condition; other medical conditions can exist, and perhaps are exacerbated by the underlying condition of “stress” — or, at least that is the suspicion, both by the Federal or Postal worker who is suffering from such conditions, and (hopefully) understood by the treating medical doctor

While failing to have direct causal linkage, the situation often arises where the chronic medical condition may have periods of remission, followed by severe episodes of unrelenting exacerbations.  The problem with such medical conditions in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, is that the medical condition must prevent one from performing one or more of the essential elements of one’s job, and such a condition must last for a period of 12 months or more. 

Medical conditions which “wax and wane” (OPM’s favorite description of Fibromyalgia) and are “not severe enough to preclude an individual from the workplace altogether” (another of OPM’s favorite descriptive rationalizations for denying a Federal Disability Retirement application — which is legally inconsequential and a mis-statement of the laws governing Federal Disability Retirement) — present a special challenge in preparing, formulating and filing a Federal Disability Retirement application.  However, even a challenge such as “stress” and a secondary medical condition which is exacerbated for episodic periods, is one which can be overcome, and successfully overcome. 

The fact is that the focus is often misplaced.  Instead of asking the doctor to focus upon each individual medical condition, it is the wiser route to have the doctor discuss all medical conditions in their totality, and show that the complex interaction of the primary and secondary medical conditions together prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire