OPM Medical Retirement: Differential Calculus Derivatives of concavity & convexity in comic circumlocutions

There are things in life which we cannot understand; others, that though we may engage the subject, invest the necessary time and beyond, and yet there seems always to remain a component which continues to escape; and yet, the ease with which others seem to comprehend that which cannot be grasped.  People often mistake wisdom for knowledge, when in fact the latter is merely the capacity to accumulate, whereas the former is the ability to recognize that which is relevant for successful living and to separate it from the abyss of insignificance.

Physicists and mathematicians view the world through a myopic perspective of numbers and calculations; the rest of us remain in the throes of Kantian preconditions, forever condemned to limited knowledge and constrained boundaries.  Or, perhaps we merely envy the greener grass on the south side of the fence.  At some point in life, we all come to a realization that greater minds than our own must be accessed in order to move forward.  Expertise is a rare commodity; value for such a product must be weighed as against the return of an investment.

For Federal employees and U.S. Postal workers who must consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to understand that, while the laws governing Federal Disability Retirement may not be as complex or complicated as differential calculus equations or even attempting to understand the concepts of concavity or convexity, the primary point of significance to recognize it in terms of endangering one’s chances for success by overlooking that which others may already know by experience or learned expertise.

The laws governing Federal Disability Retirement will never rise to the level of complexity when attempting to tackle a calculus problem; but it is never the complexity which defeats, but rather, the complications which ensue by failing to comprehend the differentiation not between derivatives of comic circumlocutions, but of wisdom as opposed to mere knowledge.

Sincerely,

Robert R. McGill, Esquire

 

Back Pain and Disability Retirement for Federal Workers

Back pain — diagnosed by many different designations and causes, including Degenerative Disc Disease, Spondylolisthesis, spinal arthritis, multi-level disc bulges, disc impingement upon the thecal sac, sciatica, failed back syndrome, etc. — presents a variety of interesting dilemmas and creative solutions when formulating, preparing and constructing a narrative to describe and delineate the impact upon one’s Federal Disability Retirement application under FERS or CSRS.

What is interesting is how back pain — chronic cervical, lumbar or thoracic pain, often with accompanying radiating features which include symptoms of numbness, tingling and pain to the extremities — can impact both one’s sedentary job, or one’s very physical job.  Both can be equally and severely impacted.

Then, of course, there is the conundrum of the “catch-22” — without pain medications, one has such a high distractability of pain that one cannot perform either the sedentary job or the very physical job; yet, with pain medications, the sedation which results prevents one from performing the essential elements of one’s job.  Either way, back pain presents a serious medical issue in filing for Federal Disability Retirement benefits under FERS or CSRS.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, back pain is a serious medical condition which is a valid and viable basis for an effective application, if formulated and presented properly.

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