Postal and Federal Employees Disability Retirement: Major Depression

Federal and Postal workers who are inquiring about filing for Federal Disability Retirement benefits under FERS or CSRS often lack any context as to his or her own particular situation, in relation to the greater Federal and Postal workforce.  Let me elaborate:  a Federal or Postal employee who suffers from chronic and intractable Major Depression, despite being placed on various psychotropic medications, and having undergone psychotherapeutic intervention, and (in more serious cases) hospitalization for intensive treatment — often believe that his or her “situation” is unique, isolated, and rare.  It is not.  

When an individual suffers from Major Depression, it is common to feel isolated, as if the particular psychiatric disorder is unlike other medical conditions (e.g., physical medical conditions which can be ascertained by an MRI or other diagnostic tools).  This is part of the very medical condition itself — of feeling isolated and trapped, and unable to escape from one’s own plight.  

Indeed, Federal and Postal employees who suffer from Major Depression often ask me the “how many” question — how many people do you represent who suffer from Major Depression, as if numbers correlate to security.  While I am very protective of client confidentiality and information related to my clients, it can safely be said that a “great many” Federal and Postal employees suffer from Major Depression, that it is not uncommon, that your co-worker sitting beside you may suffer from it, and that such sufferers work hard to hide it.  

Further, the success in filing for, and obtaining, Federal Disability Retirement benefits under FERS or CSRS is no less than any other medical condition.  Thus, for those who suffer from Major Depression and are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS:  you are definitely not alone.

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

Disability Retirement for Federal Government Employees: The Origin of Psychiatric Disabilities

When preparing the Applicant’s Statement of Disability (Standard Form 3112A) in preparing to file for Federal Disability Retirement benefits from the Office of Personnel Management, it is important to keep the essence of the statement “on topic”.  By this, is meant that the primary focus of the applicant’s statement should be repetitively twofold:  First, what the medical conditions and their symptomatologies & manifestation of symptoms are, and Second, how those medical conditions and symptoms impact one’s ability/inability to perform one or more of the essential elements of one’s job.  

While history and origin of a medical condition may be somewhat relevant (unlike in an OWCP case, where causality and date of injury and where/how it happened are important elements in establishing that a medical condition was somehow job related), normally in Federal Disability Retirement cases the origin of a medical condition should not be emphasized, if only because OPM does not care about it.  If the origin of one’s psychiatric medical conditions (e.g., Major Depression, anxiety, panic attacks, etc.) find their source from conflicts within a job, such a history may be a red flag which can lead the Office of Personnel Management to conclude that the medical condition constitutes a “situational disability“.  In a final determination as to whether a medical condition can be characterized as “situational”, while it must be looked at in its full context, nevertheless, it is the origin of a psychiatric medical conditions which is the first point of reference in making such a determination.  

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

Federal Disability Retirement Benefits for Federal & Postal Employees: Psychiatric v. Physical Disabilities

People continually inquire as to the difference between Psychiatric v. Physical disabilities, as to whether one is more amenable to an approval over the other.  Psychiatric conditions can include a wide range of variables — from Bipolar Disorder, Schizophrenia, Obsessive-Compulsive Disorder, Major Depression, Anxiety, panic attacks, Agoraphobia, ADD/ADHD, and multiple other diagnoses.  Physical medical conditions, also, include a wide spectrum of disorders — Cervical, Thoracic or Lumbar conditions; various cardiac conditions; Carpal Tunnel Syndrome; Fibromyalgia; Chronic Fatigue Syndrome; Shoulder Impingement Syndrome; Plantar Fasciitis; Migraine headaches; Lupus; Chemical Sensitivity issues; allergies; COPD; and multiple other conditions.  Is there a difference between these (and the listed conditions are by no means meant to be exhaustive, but merely illustrative of the wide range of medical conditions)?  The answer is, ultimately, No. 

The foundational essence of a Federal Disability Retirement case, whether involving Psychiatric disabilities or Physical disabilities, is the impact upon one’s ability to continue to perform all of the essential elements of one’s job.  Further, recent case law holds that OPM cannot make a distinction between “objective” medical evidence as opposed to “subjective” medical evidence, and so the old distinction between “psychological” medical conditions as distinguished from “physical” medical conditions can no longer be seriously upheld.  Ultimately, and fortunately, there is no difference between psychiatric disabilities and physical disabilities when trying to get approved for a Federal Disability Retirement case under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Situational Disability, Revisited

Remember that there is nothing wrong with issues and events in the workplace being the originating factor which instigates or otherwise propels a medical condition — often (though not necessarily always) a psychiatric condition.  The characterization of a “situational disability” (one of the basis upon which the Office of Personnel Management may attempt to deny a Federal Disability Retirement application) only becomes a problem if and when a psychiatric condition prevents a person from performing one or more of the essential elements of his or her job with a particular office, agency or department. 

If the Federal or Postal employee is unable to perform in a particular job in an office or agency, but is able to perform the same basic set of essential elements with another agency, or in the private sector, then it becomes a case of “situational disability”.  However, if the medical condition pervades other aspects of the Federal or Postal employee’s life — personal life; relationships with family & friends; impacts his or her ability to be employable in other sectors; then the medical condition is no longer one of “situational disability” — despite its origins having been formulated in the workplace.  Thus, the issue is not “where the condition came from”, but rather, “where is it now”?  The Office of Personnel Management will often attempt to blur the boundaries between the two questions, and try and characterize the medical disability as not only originating with an agency, but being limited to that particular agency.  And, indeed, the Federal or Postal employee who files a Federal Disability Retirement application under FERS or CSRS does not help matters when he or she wants to persist in focusing upon the events in the workplace which may have contributed to the medical condition.  Beware not to fall into OPM’s trap.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: Psychiatric Disabilities & the Holidays

Christmas, New Years & the Holidays; psychiatric disabilities of Major Depression, Anxiety, panic attacks, and many others; the mixture of the two often create an admixture of conflicting emotions, enhancing and exacerbating the psychiatric disabilities.  Unfortunately, the “Holidays” are a time when stresses and anxieties are further exacerbated; we are all meant to be “happy” and in the “holiday spirit”, when in fact the gathering of friends, family and gift-giving exponentially emphasizes the medical conditions which people suffer from, especially psychiatric conditions.  For Federal and Postal employees considering filing for Federal Disability Retirement under FERS or CSRS, the “Holidays” should be a time of rest and reflection; to determine the course for the future; whether the future holds continuation of a long and productive career, and will it continue until the time of regular retirement, or is this the time to consider filing for Federal Disability Retirement.  The “long-term view” must be taken; not to make a hasty decision because of the exacerbating circumstances of the Holidays; rather, to see beyond the holidays, and make the proper decision based upon an “objective perspective” of the “now”, as well as of the future.

Sincerely,

Robert R. McGill, Esquire