OPM Disability Retirement: The Concept of Psychiatric Medical Conditions

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, and in representing Federal and Postal employees these many years to obtain the benefit of Federal Disability Retirement benefits from the Office of Personnel Management, the encounter with psychiatric medical conditions is often an involvement of greater complexity for multiple reasons:  Unlike physical conditions, the insidious nature of having an appearance of normalcy often undermines the Agency’s ability to effectively deal with the medical condition.  

While “the law” has certainly adapted itself to accept the concept of psychiatric medical conditions, such that Major Depression, Bipolar Disorder, Anxiety, panic attacks, Agoraphobia, paranoia, psychotic episodes, etc. (as well as multiple other psychiatric medical conditions not listed herein, as this is not intended to be an exhaustive list) have become “legitimate”, it is the encounter with “real” people that continues to present the problems inherent in preparing, formulating and filing a Federal Disability Retirement application.  

For, as a “paper presentation” to the Office of Personnel Management, the conceptualized presentation of a medical condition — whether physical or psychiatric — can be effectively made by the efficacy of words and concepts.  However, the reaction and treatment of “real people” in the “real world” (i.e., the Agency, coworkers, Supervisors, etc.), who deal with appearances and productivity, the problematic lack of compassionate or empathetic encounter with psychiatric medical conditions continues to abound.  

It is easy to have compassion for that which we can observe; it is far more difficult to grasp and understand the world of one’s psyche.  This is why other such medical conditions similar in their conceptual framework — Chronic Fatigue Syndrome, Fibromyalgia, etc., present difficulties for the employment community, whether in the Federal sector or the private arena.  Unless, of course, there is a “blood test” or some other diagnostic tool which one can point to, where one is able to say, “Ah, yes, so that is the problem…”  

We live in a world where we have the arrogance of believing that everything can be conceptualized and understood, and that every effect must have an understandable cause.  We are all logicians at heart; but sometimes the music of the world around us makes us pause, and astounds us to remind one that our speck of life in a vast universe should bring about a sense of humility.  

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Stress

“Stress” is always the “problem child” in a Federal Disability Retirement application under FERS or CSRS.  If a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s job because of an intolerance to a certain level of stress, then certainly it should be considered as a basis for preparing, formulating and filing a Federal Disability Retirement application, either under FERS or CSRS.  However, treatment modalities must be engaged — normally, via a psychiatrist or psychotherapy.

Further, there are always issues which will come about in basing the primary medical condition as “stress” — aside from the fact that it is a generic designation which will often have corollary designations, such as Major Depression, Generalized Anxiety Disorder, etc.  For example, can one define “tolerance to stress” as an essential element of one’s job?  It is certainly an inherent element, implicit in many multi-tasking jobs and ones which require a high level of responsibilities or is subject to timeliness in quotas and work production.  But when issues concerning stresses which arise as a result of “personnel issues” (i.e., interaction with supervisors, coworkers, etc.), then it becomes a “problem-child” which is best avoided, for numerous reasons, including the possibility and danger of having one’s Federal Disability Retirement application denied based upon a “situational disability“.  Concepts and thoughts to ponder, when preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire