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

CSRS & FERS Medical Disability Retirement: Pain Ownership

Wittgenstein was a master of linguistic analysis, and questioned the traditional correspondence theory between the language which we speak and describe about the world, and the objective reality which we encounter on a daily basis.  He was the penultimate anti-philosopher who saw philosophy as merely a bundle of confused and confusing conundrums unnecessarily propounded by misuse and abuse of language.

Viewed by many as the successor to Bertrand Russell and English Empiricism, he questioned consistently the role of language, its origins, and confounding complexities which we have created by asking questions of a seemingly profound nature, but which he merely dismissed as containing self-induced mysteries wrapped in a cloak of conundrums.

For Wittgenstein, the problem of pain and “pain language” is of interest; of the person who speaks in terms of “having a pain”, as opposed to the doctor who ascribes the situs of such pain in areas vastly different from where the pain is felt; and the complexities of correlating diagnostic studies with the existence of pain.

For the Federal and Postal employee who is under FERS or CSRS and is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the relevance of Wittgenstein’s linguistic analysis should not be overlooked.  Pain is a personal matter, whose ownership is never in dispute by the person who feels such a phenomena; but how to express is; in what manner to effectively convey the validity of such sensation; how best to “put it into words” is always the problem of effective and persuasive writing.

There is a vast chasm of differences between the ownership of pain and the conveyance of the sensation such that the reader (in this case, the U.S. Office of Personnel Management) will be persuaded of one’s medical condition.  The correlative fusion between the world of language and the objective reality of an indifferent universe must be traversed efficiently and effectively; that is the whole point of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

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

Disability Retirement for Federal Workers: Pain and the Fallacy of Objectivity

Pain by definition is “subjective”, if by it one means that the experiential verification of the condition is uniquely possessed by the “I”, or the subject of the experience.  By contrast, that which is deemed “objective” is presumably validated by more than the possessor of the experiential condition — i.e., by third parties; by testing for the validity and verification of an event through means other than the personal narrative of a singular subject.  Yet, if verification of an experience is accepted merely by sheer volume of a collective consensus, then most scientific revolutions in advanced discoveries would never have survived.

In Federal Disability Retirement law, it is often the argument of the U.S. Office of Personnel Management that the Federal or Postal applicant has failed to provide “objective” medical evidence in presenting his or her case.  The narrative of having a condition of “chronic pain”, or “severe pain” — being “subjective” by definition — is not deemed “objective“, and therefore cannot be the valid basis alone for a Federal Disability Retirement case (or so the argument by OPM is often presented).  Even the results of an MRI will not necessarily satisfy the scrutiny of OPM; for, ultimately, an MRI can only reveal an observable abnormality — not that a person experiences “pain”.

Fortunately, there are a number of cases in law which rebut OPM in their attempt to bifurcate between “objective” and “subjective”, and such legal tools should always be cited and applied in any Federal or Postal Disability Retirement application.

While pain may indeed be subjective by definition, the objectivity of a Federal Disability Retirement application should never be based upon what OPM deems as sufficient; rather, it is the law and the long history of legal guidance by the courts which should mandate how OPM acts.  Indeed, if we let OPM’s subjective determinations rule the day, we would all be left in an existential state of pain — one which would then result in a collective consensus which may be deemed objective in nature.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Medical Disability Retirement: The Leisure of a Painless Life

For Federal and Postal employees suffering from a chronic medical condition which impacts one or more of the essential elements of one’s job, the times of “leisure” have little or no meaning.

Leisure implies the ability to enjoy a world apart from the everyday world of work and worry; it is a short respite from the treadmill of life, obligations and duties, which we all have.  The “Holidays” are also such a period; a time to set aside in order to attend to those meaningful compartments of personal relationships, family ties, and friendships once formed, lessened over time, and fractured through life’s daily struggles.

For the Federal or Postal employee who suffers from a medical condition, whether physical, psychiatric, emotional — or a combination of a compendium of all three — “leisure” is a foreign concept precisely because the escape into a surreal world of pausing the anxieties of the universe cannot ever be achieved.  Such a point in life indicates the necessity of considering Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, precisely because the escape-hatch is a human need.

The deterioration and progressive pounding of a medical condition which impacts the Federal or Postal employee’s ability to perform all of the essential elements of one’s job, is a red-light indicator.  Listen to it; as leisure is a world of solace, so the medical condition is a voice which shouts for a change.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Writing about Medical Conditions

It is easy to give advice about pain when a person is feeling no pain; it is unwise to act upon it when one is in an extreme state of it.  For, the former will often be disbelieving of the extent and severity of it and will therefore view it as involving a lack of fortitude; the latter will be willing to sell his soul in order to rid himself of it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the problem of pain is representative of the greater difficulties of writing about a medical condition — of the dichotomy and bifurcation of subject-object; of sympathy – empathy; of persuasion and what constitutes effective writing which compels a person to tears.

Of course, as to the latter — we need not expect an OPM Case Worker to be reading your narrative in the Applicant’s Statement of Disability to suddenly burst out in tears, get up, and scream as he or she is running down the corridors of OPM holding your case file declaring, “This one is approved!  This one is approved!” (although such a scene would indeed be welcome and rather amusing).

The problem nevertheless exists — of how one can write about one’s own medical conditions, with a level of objectivity, a compelling sense of persuasive effect, a standard of maintaining a perspective which declines to cross into maudlin overstatement, and a judicious use of adjectives in conveying a true picture of pain or symptomatologies of medical conditions, which paints the picture as opposed to merely narrating a list of diagnoses which may portray unfeeling information, as opposed to the entirety of information, feeling, sensation and struggle — the aggregate of the human condition as encompassed by one in pain.

The problem has no answer; rather, it is one which must always seek a solution, which is a process in and of itself.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Chronic Pain

Chronic pain in a Federal Disability Retirement application can result in a “catch-22” (as that famous Joseph Heller novel forever captured that phrase) — on the one hand, the diffuse and radiating, incessant pain results in such a high level of distractability that one is unable to focus and concentrate upon either a sedentary job, or a job which requires physical exertion because of the limitation and restriction of movement which such pain induces; but further, if one ingests pain medications, such medications will often create sedation to the extent that it results in greater lack of focus & concentration, or result in making a Federal or Postal worker into a “workplace hazard” because of the potential for accidents, etc.  

In such a case, “accommodation” in the workplace becomes a moot point in a Federal Disability Retirement case.  Such tripartite connections — between the Federal or Postal Worker and the type of work he or she engages in; the medical condition the Federal or Postal Worker suffers from; and the symptomatologies which manifest themselves which impact one’s ability to perform all of the essential elements of one’s job — are important to explain, delineate, and ultimately narrate effectively in preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Law

I will be writing an article of greater length on this issue, but suffice it for now that when “the law” works, it works well. A major second case has been decided in favor of the Federal employee — first, it was Vanieken-Ryals v. OPM, 508 F.3d 1034 (Fed. Cir. 2007), and now, Sylvia M. Reilly v. OPM, decided July 15, 2009. Vanieken-Ryals toppled the irrational imposition of a baseless standard by OPM — that there is a distinction to be made between “objective” as opposed to “subjective” evidence concerning medical evidence (example of the absurdity: How do you prove the existence of pain? While an MRI may show a physical condition, you cannot prove that such a physical condition equates to debilitating pain, leaving aside any quantification of pain. Similarly, how do you prove the existence of Major Depression? Anxiety? Panic attacks?).

Now, Reilly v. OPM has toppled another idol of a false standard imposed by OPM: that medical documentation which post-dates separation from Federal Service is near-irrelevant. This has never made sense, for at least 2 reasons: first, since a person is allowed to file for Federal Disability Retirement within 1 year of being separated from service, why would medical documentation dated after the separation be considered irrelevant? Second, medical conditions rarely appear suddenly. Most conditions are progressive and degenerative in nature, and indeed, that is what the Court in Reilly argues. Grant another win for the Federal employee, the law, and the process of law. It makes being a lawyer worthwhile when “the law” works.

Sincerely,

Robert R. McGill, Esquire