Federal & Postal Medical Disability Retirement: Vultures the world ’round

Despite what they do, some find them to be elegance in flight; and whether the encounter is in the New World or Old, their bald heads mark them out to be the focus of fascination, repulsion and avoidance of shuddering whispers.  Scavengers upon carrion of dead carcasses, the full display of their baldness and redness marks them for a discriminated species.

Evolutionary scientists note the advantage of the featherless appearance — of cleanliness in the act of wading deep into the putrid caverns of hollowed bodies and able to shake off the decaying infestation of harmful bacteria; while some in the minority have posited the age-old explanation of colorful display for attraction to the opposite sex and promotion of the genetic dominance of the handsomest.  We humans may find them repulsive; within the species, perhaps there is an attraction unknown and undiscoverable, unable to be understood from the perspective of a different viewpoint.

Yet, we humans can understand the plight of the vulture; for we see them all over the place, as existentially pervasive as the world ’round.  Like the soaring wingspan in the animal kingdom, vultures watch and wait in the world of men and women.

For Federal employees and U.S. Postal workers, their presence is everywhere, and frighteningly lacking in discreet patience.  As empathy is not a character trait of the vulture in the animal kingdom, so it is lacking in the world of men and women.  Thus, when a medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties within the Federal Sector or the U.S. Postal Service, the circling shadows of the ever-present scavengers from high above begin to circle the decaying carcass of the Federal or Postal employee whose progressive medical condition signals the decline and inevitable debilitation leading to absence and exit.

While the final chapter of each story may be different, the intent of the vulture of either species always remains constant — of circling, waiting, and watching with anticipation to swoop down upon the weakened and disadvantaged figure, when such bold presence would never have been displayed at the pinnacle of one’s power.

For the Federal and Postal employee weakened by a medical condition, 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, is the road away from the inevitable circling of the awaiting scavengers.  In the end, breeds of a pair tend to stick together, and vultures the world ’round — whether of the bird type or the animal kind — wait for the pickings to ripen in their state of decay.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Natural Pairs

Shoes come in pairs; gloves, eye glasses, slippers and shoelaces. Obviously, products are manufactured to fit the need, and the loss of one of the pairs often requires the purchase of replacement for both, precisely because it is difficult to locate a store which will sell you only one of the replacement pairings.

Other couplings may not be as easily identifiable, but nevertheless tend to be related; for example, “stress” if often paired with “anxiety“, and a hostile work environment is tied to both stress and anxiety.  Though we may not refer to such related concepts in the manner similar to a pair of gloves (one doesn’t hear the term, “the pair of stress and anxiety”), the combination coincides precisely because of the inherent nature of similitude.

Perhaps it is more appropriate to speak in terms of a tripartite concept: of a hostile work environment, increasing the level of stress, and resulting in the medical condition of exacerbated anxiety. Or, perhaps a tetralogy of a compound concept: a hostile work environment; stress; anxiety; a medical condition. Or are the latter two so interrelated and therefore count as one, as “anxiety” is a “medical condition”, and so we should revert back to the tripartite category? For, it is certainly the case that when a medical condition enters the workforce, there is too often an increase in workplace hostility, resulting in greater quantification of stress, and the consequence of exacerbation of anxieties, which further compounds the complications of medical conditions, which…

So, perhaps the proper and more appropriate conceptual identification involves a somewhat vicious circle of cause-to-effect, effect-to-cause? Whatever the technically precise categorization of conceptual identification, for the Federal or Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, one thing is clear: all such concepts are interrelated, connected, intersecting in conceptual constructs, and compounded in complexities of human behavior.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, submitted through the U.S. Office of Personnel Management for consideration, is an option which should be considered by the Federal and Postal Worker, if one wants to entertain a viable alternative to remaining in that vicious cycle of medical condition, stress, hostile work environment, anxiety…

The pairing of conceptual constructs is a reality in the world which is not mere linguistic play; the medical condition is real; the world of work is often harsh; stress is a silent but true killer; and anxiety is not just a passing phase in one’s life. No, it is not the pairings which are unnatural; rather, it is artificial nature of how we cover up the reality of such pairings, which makes for sadness in this world.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Psychiatric Conditions

Sometimes, it is asked whether or not Psychiatric medical conditions are more difficult to pass through in filing a Federal Disability Retirement application.  Implicit in that question, of course, is whether there still exists an inherent stigma attached to Psychiatric conditions, as opposed to “physical” medical conditions.

Over the years, there has obviously been a cultural transformation in the legitimization, acceptance, and overall recognition that Psychiatric conditions are just as “valid” as any other medical conditions.  With such acceptance and recognition, the increase in applications for Federal Disability Retirement benefits under FERS or CSRS based upon Psychiatric medical conditions has had a parallel effect, and the short answer is that there really is no greater difficulty or distinction to be made between filing a Federal Disability Retirement application based upon Psychiatric medical conditions as opposed to, or in contradistinction to, non-psychiatric conditions.  

The legal criteria remains the same. From the wide spectrum of Major Depression, Anxiety, Post Traumatic Stress Disorder, Bipolar Disorder, Agoraphobia, Panic Disorder, various forms of Paranoia, etc., the preparation, formulation and presentation of a Federal Disability Retirement application under FERS or CSRS remains the same:  Obtaining the proper and substantiating medical documentation; forming the narrative bridge between one’s psychiatric medical conditions and the impact upon one or more of the essential elements of one’s job; and making the proper legal arguments, etc.  

Ultimately, one must approach Psychiatric medical conditions in the same manner as non-psychiatric, physical conditions:  by preparing, formulating and filing an excellent narrative presentation of a Federal Disability Retirement application under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Bipolar Disorder

Bipolar Disorder is classically characterized by extreme and unpredictable mood swings between depression and manic episodes, and such alternating swings of highs and lows impact upon one’s judgment, perception, orientation, and ability to maintain a rational perspective.  This psychiatric medical condition, with its symptoms of lethargy, racing thoughts, delusional thought processes leading to long periods of excitability, alternating with unrelenting and intractable depressive moods, impacts many different kinds of duties and daily living activities.  It can impact physically-intensive job duties, and not just cognitive-intensive core elements of one’s job. 

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to understand the psychiatric medical condition; whether a medication regimen returns one to a sufficient level of functional sufficiency such that one can continue to perform all of the essential elements of one’s job; and, if not, then how best to prepare, formulate, construct and complete a Federal Disability Retirement application under either FERS or CSRS.  What is often known as OPM Disability Retirement is a benefit which must be fought for, in order to secure one’s future ability to receive an income — perhaps to reach that level of functionality that one may return to the labor force despite the medical condition.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Psychiatric Disabilities

Perhaps there will always be a suspicion that a distinction is made by a governmental entity/bureaucracy, between physical medical conditions and those which are deemed “psychological“.  For Federal and Postal workers who are considering filing for Federal Disability Retirement benefits under FERS or CSRS, there are ample legal tools to point out to the Office of Personnel Management that such a distinction is not only improper, but moreover, contrary to the “law of the land“.  

The Federal Circuit Court has pointed out clearly and unequivocally that the law does not allow for OPM to make a distinction between that which is “objective” medical evidence and that which is “subjective“.  Further, beyond the conceptual distinction applying to the medical evidence, this means that the categories encompassing the two should not be distinguishable when applying the laws governing Federal Disability Retirement.  Thus, rational conclusions based upon clinical examinations, a long history with the patient, consistent symptoms as related to by the patient to the doctor — all are valid, and “as valid”, as the “objective” medical evidence purportedly revealed by an MRI or other diagnostic tools.  

Thus, the credence and credibility of Major Depression, Anxiety, Panic Disorder, Obsessive-Compulsive Disorder, Bipolar Disorder, Generalized Anxiety Disorder, and a host of other psychiatric disabilities, hold an equal level of legal validity as the long list of physical disabilities.  Don’t ever let OPM go down an argumentation route where no law exists to support it; they may often try, but it is up to the Federal or Postal Worker who is filing for Federal Disability Retirement benefits under FERS or CSRS to meet them at every juncture of such sophistry.

Sincerely, Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: How to Handle those “Second-Class” Medical Conditions

Attitudes toward various medical conditions change over time.  This has certainly been the case with psychiatric medical conditions:  Major Depression, Anxiety, panic attacks, Bipolar Disorder, Agoraphobia, PTSD, OCD, etc.  At one time in our society, the heavy stigma placed upon such medical conditions essentially made them unacceptable.  Over time, however, as greater numbers of such conditions came to the forefront, and greater success at treatment of such conditions became evident, the validity and acceptance of such conditions have resulted in other medical conditions taking their place.

Thus, certain conditions such as Fibromyalgia, Chronic Fatigue Syndrome, Chronic Pain, Chemical Sensitivity cases, etc., have become the psychiatric conditions of a prior age.  Perhaps it is because the medical profession treats such conditions as afterthoughts — where, through a process of elimination of saying that the medical condition is not X, Y or Z, therefore it is A.

Whatever the reasons, in a Federal Disability Retirement application under FERS, a Federal or Postal employee who is applying for such benefits who is suffering from any of the Second-Class medical conditions must formulate and compile his or her case in a thoughtful, deliberate and forceful manner.  Such a FERS Disability Application must include adequate medical support; a clear and concise bridge between the symptomatologies experienced and the type of job which one must perform; and legal arguments which support the basis for an approval.

To some extent, this approach is no different than with any other medical condition; it is merely a reminder that one must cross all “T’s” and dot all “I’s” with that much more care.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

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