Federal Disability Retirement Attorney: Doldrums

It is an actual pocket of calm in areas of the Atlantic and Pacific Oceans, where maritime sailors dreaded in days of yore because they presented calm and quietude when the necessity for winds to power the sails of movement suddenly died and disappeared.  One could be trapped for weeks, and sometimes months, when the doldrums hit.

In modern vernacular, of course, they represent a parallel metaphor — of that state of emotional inactivity and rut of life, where melancholy and gloominess overwhelms.  Sometimes, such despair and despondency is purely an internal condition; other times, it is contributed by circumstances of personal or professional environment.

For the Federal employee or the U.S. Postal Worker who suffers from the former because of a medical condition which leads to a state of dysphoria, the need to file for Federal Disability Retirement benefits often commingles with the latter, precisely because the internal and external are inevitably interconnected.  The emotional doldrums become exacerbated by the toxic environment engendered and propagated by reactions engaged in by the agency; and the continuing effect becomes a further cause because of the hostility shown and heightened actions proposed.

How does one escape the doldrums of stale despair?  For the mariner whose power depended upon the winds of change, waiting for altered conditions was the only avenue of hope; for the Federal or Postal worker who suffers from a medical condition, such that the medical condition presents a doldrum of another sort, taking affirmative steps by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, is the primary and most effective manner for efficacious change.

Sitting around helplessly like a victim of the vicissitudes of life may have been the way of past responses; for the Federal and Postal employee of modernity, we have greater control over the destiny of one’s future, but to utilize the tools of change requires action beyond mere reflection upon the doldrums of life.

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