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

OPM Disability Retirement: Chronic Medical Conditions and the Dissonance of Society

Society proceeds with a dissonance of perspectives and beliefs; and the macro-approach of such societal values and norms is reflective of the individual microcosm of such self-conflicting belief systems.

On the one hand, we are taught that the physical universe is what constitutes the entirety of our existence; that consciousness, metaphysics and transcendent spectrums of existence are mere vestiges of our ancient, unsophisticated past.  On the other hand, society attempts to maintain a position that encompasses compassion, values of empathy and caring for those less fortunate.  But if a Darwinian approach of pure materialism is embraced, where survival of the fittest ensures the propagation of the hardiest of species, while at the same time negating the possibility of the existence of a metaphysical foundation for our existence, how can the truncated belief-system work in practical terms?

Witness the workplace:  an explosion of laws are enacted to allegedly protect those who suffer from medical conditions; yet, concurrently, one sees the exponential occurrence of workplace harassment and abuse.  Cognitive dissonance?  The runt of the litter is always shunned by the rest, if only because the “rest” — despite being siblings — have an innate sense that there is something “wrong” with the runt.

In the Federal Work Sector, Federal and Postal employees have legal rights intended to protect Federal and Postal Workers from workplace harassment, hostile work environments, etc.  Further, Federal and Postal Workers have the option and alternative to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, which allows for an escape from such a non-supportive environment, in order to enter into a rehabilitative period secured by a monthly annuity, and perhaps to engage a second, more conducive vocation consistent with one’s medical conditions.

Such a paradigm of offering Federal Disability Retirement benefits reveals a side of human nature which is indeed compassionate and intelligent.  But it in no way undercuts the ugly side of human nature — of the workplace harassment which such Federal and Postal employees must often endure for their chronic medical conditions.  The cognitive dissonance of the human species is indeed confounding; but perhaps it is precisely the complexity of our nature which reveals the mystery of the unexplainable, and while Darwin may have a point, such a purely materialistic approach can never fully explain the proverbial ghost in the machine.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Managing the Differing Issues

There is always a distinction to be made between having various work-related issues pending, perhaps in various litigation stages, as distinguished from intermingling the issues in their various forums.  

As has been previously stated multiple times in the past, one has the legal right to make various claims and allegations in different legal forums, without the charge of contradicting one’s self.  There are various approaches to accomplishing this:  different narratives may be introduced in separate legal forums.  Yes, there may be a time when the cross-over occurs, as when statements filed in one forum may be discovered in the course of litigating in another forum.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, however, it is important that the chosen narrative remains sanitized of certain issues — chief among them include work-related issues of harassment, “hostile workplace” allegations, and even too much focus and emphasis upon the workplace as the originating cause of the medical condition (if only because causality is not a necessary factor to be proven, and thus detracts from the essence of a Federal Disability Retirement claim).  

The hands may juggle as many balls as one can handle; just make sure that the juggling does not interfere with each other, as it is important to keep the issues separate and distinct.  Preparing, formulating and filing for Federal Disability Retirement should include a singular focus, and at the outset, one should decide which legal battle is the more important one for securing one’s economic future.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Those Workplace Issues

In preparing a Federal or Postal Disability Retirement application under FERS or CSRS, there are often multiple collateral issues which arise:  Harassment issues; Unequal Treatment; EEOC issues; Hostile Workplace issues; Discrimination issues; and multiple other issues which may or may not be viable complaints.  Such complaints have their proper place, in the proper forum, within the proper context.  As I have written multiple times previously on this issue — these employment issues should be avoided in the context of preparing for and filing a Federal Disability Retirement application.  

Many of these employment complaints may be viable ones to pursue; some may be pursued concurrently while seeking Federal Disability Retirement benefits under FERS or CSRS, and will not ultimately defeat or impact such an application (remember that in law, not only can an attorney speak out of three or four sides of his mouth; one is also allowed to make contradictory legal arguments at the same time).  

The point is that such collateral arguments and issues should not be a part of the application itself.  It may be fine to pursue such workplace issues in a separate and different forum — just not in the process of a Federal Disability Retirement application.  If the issue is brought up, the Office of Personnel Management may well use it against you, stating, “Your medical conditions seem to occur as a result of your allegation of the actions of your Supervisor. As such, you suffer merely from situational disability.”  Case denied.  

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