FERS & CSRS Medical Retirement: The Question of Worth

Whether animals consider the question or not, they certainly make judgments based upon prudence, calculation and quantification of effort involved; but perhaps not in some conceptually systematic approach.  “Worth” can involve multiple meanings: of time expended; monetized value; quality; but always involving the evaluative process of comparative analysis.

It is this latter process which is important for the Federal employee and the U.S. Postal worker in determining whether to proceed with preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset. The comparison may be on different levels, and pitted against and between various elements: priority of values (health versus continuation and persistence in present circumstances); current financial condition in contrast to future reduced benefits; the penalties imposed by taking an early retirement as opposed to a Federal Disability Retirement; the length of the process in contrast to one’s age and cost of hiring an attorney; and many such similar factors to be analyzed.

Perhaps the only comparative analysis which need not be engaged is the one which the Agency implicitly compels: The worth of self, derived from the manner in which the agency or the U.S. Postal Service treats the Federal or Postal employee once it becomes evident that the Federal or Postal employee has a medical condition such that it prevents him or her from performing one or more of the essential elements of one’s job, and thereby consideration must be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Other animals never ask that question of self-worth, as survival and Darwinian principles prevail and overtake the inherently nonsensical nature of such a question; it is only the human being who ever questions the worth of self, and only within the greater context of a society which places a premium upon questions unworthy of consideration.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Psychiatric Issues

For Federal and Postal workers who are filing, or contemplating filing, for Federal Disability Retirement benefits under FERS or CSRS, the distinction between “physical” medical conditions and “psychiatric” medical conditions are not always so clear and distinct.  While cases can be bifurcated for many clients (where the medical basis upon which a Federal Disability Retirement is based is wholly physical, or entirely psychiatric), often, cases have a “mixed” character to them, where depression, anxiety, panic attacks, etc., arise or become “secondary” to a chronic medical condition.  

The complex interaction between physical pain, chronic medical conditions which impact one’s job, physical abilities, etc., can at their inception be “secondary” in the sense that they have arisen and manifested the symptomatologies “after” or “second to” the original medical conditions.  However, after some time (and this is being stated from a legal perspective reviewing many such instances in filing for Federal Disability Retirement benefits under FERS or CSRS), such secondary Major Depression, anxiety, panic attacks, and even other psychiatric medical conditions, can become the central or prominent medical condition which forms the basis of a OPM Disability Retirement application.  Thus, that which was once “secondary” does not always remain so; it can become the primary basis.

Sincerely,

Robert R. McGill, Attorney

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