Federal and Postal Disability Retirement: The Depressed Ground

Depressed ground in Guatemala City: This sinkhole was estimated to be 60 feet wide and 300 feet deep

A huge sinkhole in Guatemala City: This one was estimated to be 60 feet wide and 300 feet deep

The term itself immediately implies the clinical concept of a psychiatric condition; but, of course, it can also mean that there is a geological sinkhole, of a stretch of land, small or large, sunken in comparison to the surrounding area.  A rabbit’s nest can create a depression; excessive rain can loosen the soil and depress the land; and depression can overtake the healthiest among us, sending us down a course which envelopes the emotions, mind and soul with loss of energy, overwhelming sadness, and lethargy of life so overpowering that physical manifestations, profound and intractable fatigue, and an unwavering sense of hopelessness and helplessness pervades.

Sometimes, the two distinct but complementary concepts can intersect: the depressed grounds only adds to one’s depression. The former usage, of course, only metaphorically speaks to the physical characteristic of description; the depression of the ground is not literally a physical sinking of the land, but implies a dilapidation of the neighborhood; while the latter refers to the mental state of an individual exacerbated by the solitary degradation of the environment.

It is when the two distinct conceptual constructs intersect and are combined, that the impact upon the Federal or Postal worker may be felt.  For it is precisely the vicious cycle of “feeding upon itself” that the Federal or Postal Worker experiences — of the depression in a clinical sense, combined with the depressed grounds of one’s workplace — when change of scenery may become necessary in order to travel towards the path of restorative health.

Woman listening to her psychologist

Mental illnesses can affect persons of any age, race, religion or income: Here a young woman listens to her psychologist

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, is available for all Federal and Postal employees who are under FERS or CSRS, when the intersection of a medical condition and one’s inability to perform one or more of the essential elements of one’s job, comes to the fore. It is there to be eligible for all Federal and Postal employees, when the depression (in the clinical sense) impacts the depressed grounds (in the sense of the work environment).

Thus, when the joy of life is depleted, and the hallowed grounds of sunlit mornings and the cool breeze of dusk transforms into a universe of regret and remorse, Federal Disability Retirement benefits for the Federal and Postal employee should be a serious consideration; as it may become necessary to leave the depressed grounds of yore.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employees Disability Retirement: Major Depression

Federal and Postal workers who are inquiring about filing for Federal Disability Retirement benefits under FERS or CSRS often lack any context as to his or her own particular situation, in relation to the greater Federal and Postal workforce.  Let me elaborate:  a Federal or Postal employee who suffers from chronic and intractable Major Depression, despite being placed on various psychotropic medications, and having undergone psychotherapeutic intervention, and (in more serious cases) hospitalization for intensive treatment — often believe that his or her “situation” is unique, isolated, and rare.  It is not.  

When an individual suffers from Major Depression, it is common to feel isolated, as if the particular psychiatric disorder is unlike other medical conditions (e.g., physical medical conditions which can be ascertained by an MRI or other diagnostic tools).  This is part of the very medical condition itself — of feeling isolated and trapped, and unable to escape from one’s own plight.  

Indeed, Federal and Postal employees who suffer from Major Depression often ask me the “how many” question — how many people do you represent who suffer from Major Depression, as if numbers correlate to security.  While I am very protective of client confidentiality and information related to my clients, it can safely be said that a “great many” Federal and Postal employees suffer from Major Depression, that it is not uncommon, that your co-worker sitting beside you may suffer from it, and that such sufferers work hard to hide it.  

Further, the success in filing for, and obtaining, Federal Disability Retirement benefits under FERS or CSRS is no less than any other medical condition.  Thus, for those who suffer from Major Depression and are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS:  you are definitely not alone.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Origin of Psychiatric Disabilities

When preparing the Applicant’s Statement of Disability (Standard Form 3112A) in preparing to file for Federal Disability Retirement benefits from the Office of Personnel Management, it is important to keep the essence of the statement “on topic”.  By this, is meant that the primary focus of the applicant’s statement should be repetitively twofold:  First, what the medical conditions and their symptomatologies & manifestation of symptoms are, and Second, how those medical conditions and symptoms impact one’s ability/inability to perform one or more of the essential elements of one’s job.  

While history and origin of a medical condition may be somewhat relevant (unlike in an OWCP case, where causality and date of injury and where/how it happened are important elements in establishing that a medical condition was somehow job related), normally in Federal Disability Retirement cases the origin of a medical condition should not be emphasized, if only because OPM does not care about it.  If the origin of one’s psychiatric medical conditions (e.g., Major Depression, anxiety, panic attacks, etc.) find their source from conflicts within a job, such a history may be a red flag which can lead the Office of Personnel Management to conclude that the medical condition constitutes a “situational disability“.  In a final determination as to whether a medical condition can be characterized as “situational”, while it must be looked at in its full context, nevertheless, it is the origin of a psychiatric medical conditions which is the first point of reference in making such a determination.  

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Shotgun v. Tailored Approach

In filing a Federal Disability Retirement application, there is the “shotgun approach” — of peppering the application with any and all medical conditions which may prevent or otherwise impact one’s ability to perform one or more of the essential elements of one’s job.  The danger of this approach, of course, is that the Office of Personnel Management can (and does) stop at the first medical condition which they deem disables the applicant from performing any of the essential elements of one’s job. If the basis of such a disability retirement approval is a secondary, or somewhat inconsequential medical condition, then there is the danger in the future that, if you receive a Medical Questionnaire requesting an update on your medical condition, that you may have recovered from such a secondary medical condition and deemed to have been fully recovered.  Now, every now and then, in the approval letter issued by the Office of Personnel Management, it will not specify which medical condition was the basis for the approval which was rendered.  However, this is in a minority of approval letters, and is not worthwhile enough to consider taking a chance on such a shotgun approach.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Time, Terms & Conditions

Never wait upon a Federal Agency to determine the time, terms and conditions for filing an application for Federal Disability Retirement benefits under FERS or CSRS.  While there are rare instances in which a potential applicant for Federal Disability Retirement feels an utmost sense of loyalty, such that he or she absolutely must inform the Agency of the impending desire and intent to file an application for disability retirement, in most cases it will simply backfire.  Yes, there are those rare instances when an Agency reciprocates the many years of loyalty given; but even in those rare instances, there is nothing that the Agency can do which is of such value in a Federal Disability Retirement case which would warrant or justify the anticipatory probability that the reaction to such information may be to have enough preparatory time to undermine such an application.  Yes, the Supervisor’s Statement could be helpful — but won’t the supervisor likely be helpful anyway, if he or she already has such a reputation, whether or not a potential applicant informs the agency (via the supervisor) a month or two beforehand?  It is the applicant who is always at the disadvantage; as such, the applicant who intends to file for Federal Disability Retirement benefits under FERS or CSRS should be the one who controls the time, terms and conditions of when the Agency will be informed of any potential disability retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Time to Make the Decision (Part 2)

The medical condition known as “Fibromyalgia” is analogous to the manner in which Federal and Postal employees approach the decision-making process in filing for Federal Disability Retirement benefits under FERS & CSRS.  Let me explain:  Fibromyalgia, as the Office of Personnel Management often likes to characterize, often manifests itself with chronic and diffuse pain which “waxes and wanes” — meaning, in simple terms, that there are good days and bad days; days when the pain is unbearable, excruciating and debilitating; and days when one can “manage” the extent of the pain and mental dysfunction and confusion. With that context, the Office of Personnel Management often tries to argue that it is not “so bad” as to qualify for Federal Disability Retirement benefits under FERS & CSRS. 

By analogy, people with all sorts of medical conditions — from physically debilitating neck and back pain; from Orthopaedic injuries, arthritis, chronic pain, visual impairment, etc.; to psychiatric disabilities of Major Depression, anxiety, panic attacks, PTSD — some days, one can seem to manage the disability; on other days, one cannot get through the day, let alone perform the essential elements of one’s job.  But deep down, one knows that one cannot continue forever on the same course.  To continue is to slowly wither away by a thousand cuts, one cut at a time, one cut per day.  And so, just as the Office of Personnel Management is plainly wrong (for Fibromyalgia is a chronic and debilitating medical condition which clearly qualifies for disability retirement), so the person who procrastinates in making the decision to file for Federal Disability Retirement benefits under FERS & CSRS is simply waiting for the inevitable.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Service Disability Retirement: Psychiatric Disabilities & the Holidays

Christmas, New Years & the Holidays; psychiatric disabilities of Major Depression, Anxiety, panic attacks, and many others; the mixture of the two often create an admixture of conflicting emotions, enhancing and exacerbating the psychiatric disabilities.  Unfortunately, the “Holidays” are a time when stresses and anxieties are further exacerbated; we are all meant to be “happy” and in the “holiday spirit”, when in fact the gathering of friends, family and gift-giving exponentially emphasizes the medical conditions which people suffer from, especially psychiatric conditions.  For Federal and Postal employees considering filing for Federal Disability Retirement under FERS or CSRS, the “Holidays” should be a time of rest and reflection; to determine the course for the future; whether the future holds continuation of a long and productive career, and will it continue until the time of regular retirement, or is this the time to consider filing for Federal Disability Retirement.  The “long-term view” must be taken; not to make a hasty decision because of the exacerbating circumstances of the Holidays; rather, to see beyond the holidays, and make the proper decision based upon an “objective perspective” of the “now”, as well as of the future.

Sincerely,

Robert R. McGill, Esquire