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

 

OPM Disability Retirement: Concealment through Repetition

It is often through mindless repetition that concealment of truth can be accomplished, and with insidious efficiency.  For, repetition of tasks; redundancy of toil; convenience of engagement in life’s duties and obligations without thoughtful input; these can all be performed in monotonous automation without the participation of the one true essence of human uniqueness and identity:  the creativity of thought.

Life sometimes deadens the soul; or, more accurately, it is we who, as the gatekeeper of sensory impressions which bombard us daily, allow for the toxicity of life to invade and destroy.  Of all moral failings, however, one of the greatest is to allow for the mundane to conceal the truth.  That is often what the human toil of work allows; for, when a medical condition, whether physical or psychiatric, creeps in subtle hiding but progressively deteriorates and eats away at the body or soul, the desperate need to hide behind the mindless repetition of work allows for a semblance of mundane continuation of daily routine, and to trick the mind into thinking that all is well.

It is tantamount to the Maginot Line which the French had erected, consisting of fortifications, armaments and weapons’ placement in anticipation of an outdated strategy of waging war:  it provided a semblance of security, and allowed people to mindlessly live life.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s Federal or Postal position, the refuge behind work; the responses to agency actions of retaliation; the prolonging and procrastinating of the one true essence of necessity — of filing for Federal Disability Retirement benefits in order to attend to one’s health — allows for the repetition of monotony to conceal the singularity of focus which is required to move forward.

Filing for Federal or Postal Disability Retirement benefits, whether under FERS or CSRS, is not the “be all or end all” of solutions; but it unravels a truism which prevents inertia of creativity, by allowing one to secure an annuity for the future, and to go back to the foundation of human essence: health, creativity, and the discarding of the repetition of the mundane.

Sincerely,

Robert R. McGill, Esquire

The Ritualistic Void Found in Postal and Federal Employees Who Continue Working in Jobs That Further Deteriorate Their Health

It is precisely the repetitive identity which provides for comfort.  Thinking is an endeavor which requires effort; ritualistic actions require merely attendance and presence, and the mechanical motions of responding.  When the mind becomes bifurcated from the task at hand, whether from being “lost in thought”, ruminating upon problems afar, or disengaged because one is contending with physical pain or psychiatric anxieties and lethargy, ritualism becomes a zone of comfort because the physical body can engage while the mental processes can embrace a parallel universe.

This ritualistic void is often what becomes of work when a Federal or Postal employee suffers from a medical condition, such that this health condition begins to prevent one from performing one or more of the essential elements of one’s job.  How long one can continue in such dualism of actions is often dependent upon the type of Federal or Postal job which one holds.  Being a Letter Carrier or a Mail Processing Clerk while in progressively agonizing pain will often compel a stoppage of work, precisely because the pain directly and intractably interferes both in the physical actions of ritualistic behavior, as well as in the dissociative mind to deal with the pain.  Office and computer work can sometimes delay the inevitable.

Filing for Federal Disability Retirement benefits for the Federal or Postal employee, whether the Federal or Postal employee is under FERS or CSRS, is a decision to be made resulting from the cessation of the ritualistic void which occurs.  Federal Disability Retirement is a benefit accorded to all Federal and Postal Employees, and is filed through the U.S. Office of Personnel Management. When the tripartite coalescence of work, health and capacity begins to crumble and disintegrate, it may be time to reassess the ritualistic void presented by a job which no longer offers significance and meaning, but further contributes to the daily deterioration of one’s health.

Sincerely,

Robert R. McGill, Attorney

 

Federal Employee Medical Retirement: The Body Breaking

The age-old paradigm of assuming that one’s career will take a singular path from birth to death is based upon a pre-industrial viewpoint fostered and solidified in the post-industrial age.  It is folly, however, to think that the human body can survive and withstand the repetitive stresses, both physical and cognitive, of the daily impact inflicted by the modern workplace.

Whether in physically-demanding jobs in the Postal Service; unrestricted stresses in Supervisory roles; of administrative functions in Postal and non-Postal Federal jobs requiring multi-tasking at levels unheard of; or of sustained, unsustainable endurance of data gathering, evaluation and analysis in front of a computer screen; there has been little-to-no time for evolutionary progress of the human body or psyche to adapt to the level of physical, mental and emotional demands and requirements coming from the modern workplace.

That is why Federal Disability Retirement is a benefit in the Federal Sector which is one of the few well thought-out compensatory packages:  a recognition that a particular kind of job may well no longer be able to be performed because of a specific medical condition which prevents the Federal or Postal employee from continuing on in that career; paying a certain annuity amount; then, encouraging the (now former) Federal or Postal employee to remain productive by paying “back into the system” by becoming employed in some other capacity in the private sector.  Such a paradigm is a progressive one, and it recognizes the need for flexibility while understanding the reality of the human condition within the context of the workplace.

Filed through the U.S. Office of Personnel Management, it is a benefit which is available for Federal and Postal employees, whether under FERS or CSRS, and should be considered seriously by the modern workforce as a recognition that prior paradigms of single careers and vocations never took into consideration the complexity of the human body or psyche, nor the flashpoint of the body breaking.

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

Medical Retirement Benefits for US Government Employees: Repetitive Stress Injury & Carpal Tunnel Syndrome

Stories abound, of course, concerning the worker who claims to suffer from Carpal Tunnel Syndrome, or from similar medical conditions which are often generically placed under the rubric of “repetitive stress injuries” — chronic conditions of pain, numbness, tingling, and radiating pain and numbness often emanating from extremities and impacting one’s ability to engage in fine dexterous movement and manipulations — often limiting movement and abilities upon computer work, file handling, but also into areas which require mechanical repair, electronic technician work, Airways Systems work, work which requires the fine manipulative use of fingers, hands, etc. 

They are real injuries and medical conditions, and should not be dismissed lightly.  Use and overuse over time, or sometimes resulting from a specific traumatic injury, can result in the devastating impact which prevents one from performing one or more of the essential elements of one’s job.  For Federal and Postal employees either under FERS or CSRS, Carpal Tunnel Symdrome (CTS) and Repetitive Stress Injuries are a viable basis to file for Federal Disability Retirement benefits under FERS or CSRS.  When CTS surgery (“release”), hand splints, and physical therapy have failed to alleviate the chronic nature of the medical condition, it may be time to consider filing with the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Indicators

If your weekends are spent for the purpose of recuperating just so that you can have the energy, strength, mental acuity, and sustained focus and attention to go back to work on Monday, then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if, after each day of work, you are so profoundly fatigued that you end up spending each evening just resting, unable to have any significant recreational enjoyment or time for relaxation, time with family, etc., then it is an indicator that you may need to file for Federal Disability Retirement benefits under FERS or CSRS; if you must take sick leave, LWOP or annual leave every few days, or after a week of work, because you need the time off to recuperate, then that is a further indicator.  Ultimately, each individual must make his or her decision as to the timing and whether one has reached a critical point where filing for Federal Disability Retirement benefits under FERS or CSRS is necessary.  Different reasons for different people; different factors at different times of one’s life. 

Sincerely,

Robert R. McGill, Esquire