Tag Archives: psychiatric disorder caused by a hostile work environment

OPM Accepted Disabling Conditions: Suicidal Ideations

It is perhaps the final vestige of societal taboo; for, at what point the human animal realized that self-destruction became an option is open for debate.  In the Animal Kingdom, it is rare to find species openly seeking to end life; the struggle to survive and the Darwinian inherency for self-preservation and survival remains as vibrant as ever.

Being diagnosed with “suicidal ideation” is normally associated with psychiatric conditions of Major Depression and Generalized Anxiety, where the acceptable level of stress-tolerance exceeds the capacity to withstand.  Each individual is a unique creature; in this cookie-cutting mold of society where people get lost in the importance of position, fame, accolades and a false sense of admiration, it becomes commonplace to question one’s sense of worth and value.

Psychiatry has never been a perfect science; some even question the validity of its approach, as it has now become overwhelmingly a pharmacological event, with some semblance of therapeutic intervention thrown in as an afterthought.

For Federal employees and U.S. Postal Service workers who are contemplating 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 even CSRS Offset, the existence of suicidal ideations (or otherwise simply known as “having suicidal thoughts”) is often lost in the compendium of diagnosed psychiatric conditions, including Post Traumatic Stress Disorder (PTSD), where a significant event has intervened which has resulted in traumatic reverberations in one’s life; Anxiety (or more officially identified as Generalized Anxiety Disorder); Major Depression; Bipolar Disorder, with spectrum symptoms of manic phases and depressive states; as well as schizophrenia and paranoia.

For relevance to filing for Federal Disability Retirement benefits through OPM, the existence of suicidal ideations is often one more indicia of the seriousness of the diagnosed psychiatric conditions, but should never be determinative in whether one’s psychiatric condition is “serious enough” in order to be eligible for Federal Disability Retirement benefits.  Indeed, there are many, many Federal and Postal employees who file for OPM Disability Retirement benefits, who suffer from Major Depression, Anxiety, PTSD and other forms of psychiatric conditions, without ever suffering from suicidal ideations, and yet are fully qualified for, and become entitled to, Federal Disability Retirement benefits.

Further, as Federal Disability Retirement is based upon the algorithm of showing the nexus between one’s medical condition and the positional requirements of one’s Federal or Postal job, the impeding aspect of suicidal ideations may be negligible.  Rather, from a medical standpoint, it is one more factor of concern and consternation within a long list of diagnoses and symptoms which cumulatively form the basis for an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: External-Internal Linkage

Thoreau’s observation that the mass of men lead “lives of quiet desperation” holds a profound place in daily acquiescence to the stresses of modernity; the influence and linkage between the internal workings of biology, psychology and the interplay upon health and wellbeing, and the greater macro-impact from the inevitable encounters with the external, objective world of phenomena, cannot be ignored or otherwise avoided.

The rise of self-help methodologies, of yoga, meditation, exercising and diversionary activities, is merely a reflection of the exacerbation of the internal connection as directly impacted by the external world; the linkage is there; we simply fail to otherwise recognize or acknowledge it.  Stress in the workplace is an accepted part of one’s employment; it is when stresses rise to the level of a hostile workplace that the law allows for some form of alleviated responsiveness.

But filing lawsuits, confronting the obvious, and publicly decrying boorish behavior and actions constituting illegal harassment often compounds the internal turmoil fraught with stresses upon one’s psyche; and one wonders in the end, who wrote the laws governing the litigation of such employment disputes, as special interests from trial lawyers to employers, union conglomerates to corporate lobbyists all had a hand in writing up a statute to protect the singular employee of limited means.

“Quiet desperation” infers resignation and defeat; and for many, the image of the rugged individual who stands alone to fight until death or destruction is the standard to compare one’s own limited power and actions to be employed.  But as the internal linkage to the external world cannot be denied, so health and well-being can be destroyed by the interplay with a continuing hostile workplace.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, insistence upon continuing one’s chosen career is often a choice to the detriment of the internal affairs of man, with little impact upon the macro-efficiency of the agency.

Federal Disability Retirement is an option of choice for the Federal or Postal worker who is under FERS, CSRS or CSRS-Offset, and is often mandated by the deteriorating health of an individual (internal), necessitated by the inability to perform all of the essential elements of one’s positional duties (external), and by showing by a preponderance of the evidence that the former impacts the latter (linkage), one can qualify for the benefits and salvage the quiet desperation enveloping and engulfing the insular life of an individual seeking help in the dark meanderings of a lonely outpost, where the echoing howl of a single wolf reaching out to the eclipsed moon on a cold and windy morning represents not an animal in distress, but a recognition that the wider world out there is part of man’s destiny for things greater than showing up for work to follow the demands of a bureaucracy lacking of empathy or concern.

Sincerely,

Robert R. McGill, Esquire

 

Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve

Trends are often characterized by the actions of a few.  Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial “curve” which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future.

The ivory tower of academia is another such bastion of proclivities where, if observed carefully, can infer a discernment for future waves to come. The views of sociologists, psychologists, philosophers and economists (to name just a few “ists” within the self-vaunted world of esoteric penumbras; note, however, how the “philosopher” is not termed the “philosophist” — why is that? Perhaps because there was a desired disassociation with sophistry?) preview a trend of forthcoming conundrums impacting a society.

In the pragmatic world in which most of the rest of society inhabits, however, the dualism pronounced (and in many sectors of philosophy, denounced) concerning the bifurcated universe of the cognitive as opposed to the physical, continues to be debated. Dennett, consciousness, Nagel, Scruton, and the continuing debate over whether human consciousness can be reduced through the scientific language-game of mere biological processes, rages on in the ivory towers of conceptual constructs.

In the real world, this debate is reducible to the pragmatic question of whether psychiatric conditions are “as acceptable” as physical manifestations of traumatic conditions. For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of whether it is “more difficult” to win a Federal Medical Retirement claim from OPM is one which overwhelmingly can be answered in a positive, pro-worker manner: today, fortunately, there is little distinction to be made between psychiatric health problems and physical health problems.

Major Depression, Anxiety, panic attacks, Bipolar Disorder, Autism Spectrum Disorders, suicidal ideations, nervous breakdowns, etc. — all are viable bases upon which to file for Federal Disability Retirement benefits, on a par with physical conditions of chronic pain, cervical and lumbar dysfunctions, shoulder impingement syndrome, Crohn’s Disease, etc.  Descartes’ dualism cannot be found in the world of OPM and in the filing for a Federal Medical claim of disability.

The proverbial curve of societal trends is often determined by those at “the top”; but in the case of acceptance of psychiatric conditions in comparative analysis to physical conditions in the filing for Federal Disability benefits through the U.S. Office of Personnel Management, the trend of acceptance on a par for both was established long ago, probably as a result of the reality of either and both conditions, and the realization by the bureaucracy that however you term the condition, the importance of a Medical Disability Retirement claim finds its essence on the impact of one’s ability or inability to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Stress, Anxiety, Depression…

Stress is often the noun which triggers.  As the originating causation, it is often considered the evil cousin who brings about other ailments. It is a state of mental or emotional strain which is encountered under extraordinary circumstances, often hostile in nature, and involving a lack of calm or quietude.

Workplace stress is a reality of the modern technological age; hostile work environments have been identified as causative agents of stress; and demands for overburdened, repetitive work habits contribute exponentially.

Attempts to reduce workplace stress are always welcomed but often ineffective

Attempts to reduce workplace stress are always welcomed but often ineffective

While the goal for a “stress-free environment” is generally unattainable and a mythological state existing only in one’s imagination, it is thought from a medical perspective that engaging in stress-reducing activities, whether incrementally throughout the day, or during one’s leisure time, remains an important facet of healthy living.

The noun which triggers — stress — is that which, if left unchecked, can result in the debilitating effects of an explosion of psychiatric (and physical) medical conditions, including (but not limited to) anxiety, depression, suicidal ideations, homicidal thoughts, intrusive nightmares, Post Traumatic Stress Disorder, gastric and abdominal dysfunctions, chronic and profound fatigue, general malaise, chronic pain, debilitating migraine headaches, and a host of other medical conditions.

At some point, when the seriousness of a medical condition brought about by stress cannot be relieved or reduced through pragmatic means of altering key components which cause the stress, then complete removal from the stressful environment must be considered.

Generalized anxiety disorders appear in physical and psychological ways. Headaches are a possible physical symptom. So are muscle aches, sweating, and hot flashes.

Federal Disability Retirement, available for all Federal and Postal employees who have the minimum number of years of service, whether one is under FERS or CSRS, and filed through the U.S. Office of Personnel Management, must always be considered when one’s medical condition — whether triggered by stress or some other causative agent — begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position.

Sometimes, when the visiting cousin who carelessly and thoughtlessly spreads germs and destructive diseases comes for a short visit, subtle hints as to the unwelcome nature of the visit may simply fail to move.  In such cases, it is time to move out, leaving behind the unwanted cousin to drown in the misery of his own making.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Differences

The weather comes upon us; as a cloudy day dominates, so a sense of darkness and foreboding can impact one’s emotional life; some days are better than others.

In the virtual world of our antiseptic lives, surrounded by such advancement of technology which separates and bifurcates; we think that we are different from other species, and indeed, a comparative analysis can be a potent and foundational argument in establishing the superiority of the human animal, as in, “Can X do Y?” “Can a chimpanzee sketch a rough draft of an architectural phenomenon like the Roman Colosseum?” (Then again, who among us could do that?).  Some would say that the titular character in Camus’ classic novel, The Stranger, Meursault, has it “right” when he attempts to ascribe blame to the heat of the day, the brightness of the sunlight, for his acts if human degeneracy.  Such an explanation is as valid as any that one can give for justifying the murder of another.

Prolonged stress can affect performance levels on jobs that require high levels of focus and concentration

Prolonged stress can affect performance levels on jobs that require high levels of focus and concentration

We tend to desire an intellectualization of our actions which somehow differentiates us from “others”, when in fact the environment impacts us no matter the extent of engagement in placing artificial walls around ourselves.

Medical conditions have a tendency to bring out the humanness in us.  This is because, when a medical condition impacts our lives, it is a final recognition that an invasive malignancy has been able to penetrate the artificial walls we have so carefully constructed, and it reminds us of our fragile, organic essence.  For Federal and Postal Workers who have been impacted by medical conditions, such that the medical condition impacts one’s ability to continue in one’s chosen vocation, an admission of vulnerability and mortality comes to the fore. To counter this, a change of venue is often needed, and is the required prescription in order to push against the fear and loathing which accompanies such an admission.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is often the wisest step which the Federal or Postal employee can do.  There are many stories of Federal and Postal Workers who have obtained Federal Disability Retirement benefits, who reflect back and declare that it was the smartest move of their collective lives; but then, when we are stuck in the rut of our antiseptic lives, it is often the most comfortable place to remain, and so we fight against our own self-interest.

And, indeed, in the end, that is all that the prosecutor was seeking for from Meursault — just a word, a deed, a symbol — that he was at least somewhat remorseful.  But Camus would have none of that for his character; only the stark and naked honesty, that he was no different from the surroundings of nature which enveloped him on that fateful day.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Chronic Medical Conditions and the Dissonance of Society

Society proceeds with a dissonance of perspectives and beliefs; and the macro-approach of such societal values and norms is reflective of the individual microcosm of such self-conflicting belief systems.

On the one hand, we are taught that the physical universe is what constitutes the entirety of our existence; that consciousness, metaphysics and transcendent spectrums of existence are mere vestiges of our ancient, unsophisticated past.  On the other hand, society attempts to maintain a position that encompasses compassion, values of empathy and caring for those less fortunate.  But if a Darwinian approach of pure materialism is embraced, where survival of the fittest ensures the propagation of the hardiest of species, while at the same time negating the possibility of the existence of a metaphysical foundation for our existence, how can the truncated belief-system work in practical terms?

Witness the workplace:  an explosion of laws are enacted to allegedly protect those who suffer from medical conditions; yet, concurrently, one sees the exponential occurrence of workplace harassment and abuse.  Cognitive dissonance?  The runt of the litter is always shunned by the rest, if only because the “rest” — despite being siblings — have an innate sense that there is something “wrong” with the runt.

In the Federal Work Sector, Federal and Postal employees have legal rights intended to protect Federal and Postal Workers from workplace harassment, hostile work environments, etc.  Further, Federal and Postal Workers have the option and alternative to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, which allows for an escape from such a non-supportive environment, in order to enter into a rehabilitative period secured by a monthly annuity, and perhaps to engage a second, more conducive vocation consistent with one’s medical conditions.

Such a paradigm of offering Federal Disability Retirement benefits reveals a side of human nature which is indeed compassionate and intelligent.  But it in no way undercuts the ugly side of human nature — of the workplace harassment which such Federal and Postal employees must often endure for their chronic medical conditions.  The cognitive dissonance of the human species is indeed confounding; but perhaps it is precisely the complexity of our nature which reveals the mystery of the unexplainable, and while Darwin may have a point, such a purely materialistic approach can never fully explain the proverbial ghost in the machine.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Burning Bridges and Walking Away

When a Federal or Postal worker suffers from a medical condition — often, silently, and without complaint — and such medical condition(s) impacts one’s ability to perform the essential elements of one’s job, there is often a tendency to engage in desperate acts, such as resigning, walking away from the job, etc.

After so much time has vested, and has been invested, by the Federal or Postal employee in the pursuit of a Federal or Postal career; and after so much stress, anxiety, sometimes intolerable working conditions are endured; or, having expended so much loyalty and exerted so much effort in doing an excellent job for one’s agency, it is a self-contradiction to simply walk away from the Agency without filing for Federal Disability Retirement benefits, especially when such laws governing Federal Disability Retirement were set up precisely for the type of Federal or Postal worker who has performed well, but has come to a point in his or her career where a medical condition has impacted one’s ability to perform all of the essential elements of one’s job.

Perspectives are often “out of balance” when one suffers from a medical condition.  Before taking steps of “burning bridges” and resigning, it is best to consult an attorney and see what the possibilities are for preparing, formulating, and successfully filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer

 

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