Tag Archives: shoulder injuries rotator cuff and federal employees disability retirement

OPM Disability Retirement Pension Annuity: Today, life is good…

It is the set of 3 periods at the end of the sentence, identified in grammatical terms as an ellipses, allowing for a trailing thought or a hesitation of motive, and here which differentiates from a singular finality of a period postulated to prevent a purposive punctuality of partition from a postscript.  If the last two periods were extracted and deleted, the delineation would connote a declarative assertion, unhesitant in conclusion, and confident in execution.  With those two additions, it implies and denotes hesitancy, a pause leaving the impression of loss or lack of confidence, and unable to determine the cogency of opinion formulated but for the ellipses.

In the end, however, how is grammar tied to life itself?  Do mere additions of two dots in a sentence reflect the reality of that which we live?  Do the bundles of human complexities, emotional upheaval and physical pain, cognitive dissonance cut us off from nature’s impenetrable divide?

How often do we walk around, and stop and realize that we remember nothing about our surroundings, who we passed, what buildings we strode by, because the inner thoughts we became a hostage to allowed only for sight by the eye of our own minds, and not for the purposes attributable to all other species on the planet — for observation and judgment to determine the course of future destiny, in surviving a predatory world.

What makes us unique, but the linguistic divide that confronts us daily; and thus is it that the 3 harmless dots dangling at the terminal confinement at the end of a sentence is more than a mirage of grammatical repose; no, it defines who we are.  For, the reality of the ellipses is contained in the reflection of the truth manifested; insert an emotive adjective, and the dots disappear; yet, the changes wrought will remain beyond the grammatical addendum, the deletion of the dots, or the conversion from hesitancy to declarative assertion of utmost confidence.

It is, in the end, the “today” which is the operative word, and not the trepidation engendered by the ellipses; and it is the unstated “tomorrow” which can bring about changes to the substantive undercurrent of life beyond linguistic elasticity.  It is real life, and not grammar, which must ultimately determine destiny, fate and the whims of gods playing with human caricatures with arbitrary thunderbolts and childhood cruelty with breaths of unexpected pillars placed as obstacles within our paths.

For Federal employees and U.S. Postal workers who find that the gods of fate have placed the burden of a medical condition upon life’s lottery of challenges, the need to prepare, formulate and apply for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, becomes an encounter where the linguistic divide between life and living, on the one hand, and language and grammar, on the other, coalesce and the the chasm must by necessity be bridged.  For, it is precisely the medical condition itself (life and living) which must then be formulated into a declarative state of disability and linguistic evidentiary postulate (language and grammar), in the form of an effective OPM Disability Retirement application, that makes for the differentiation between failure or success.

Beware of the pitfalls of grammar, and note the ellipses, as well as the dangling participle, lest either unveil a true hesitancy in living, as opposed to a mere red mark from a teacher in a fictional classroom, either in one’s mind or in the eye of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Plantar Fasciitis, Rotator Cuff, Extremity Injuries, etc.

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often the case that Federal and Postal workers (and the general population) tend to “pigeonhole” medical conditions, injuries and disabilities.  Certain medical conditions are considered “causally related” to certain types of jobs, and this type of relational categorization is often true in Worker’s Compensation claims, or other benefits sought in other areas of law. 

Thus, Plantar Fasciitis is often closely associated with Postal Workers who must remain on their feet throughout the day; Rotator Cuff injuries are often associated with the repetitive physical use of upper extremities; Shoulder Impingement Syndrome, Cervical, Lumbar & Thoracic pain, degenerative disc disease, etc., are all categorized and pigeonholed into physical types of jobs.  Yet, chronic pain of one’s extremities, joints, musculature, etc. can often severely impact more sedentary types of jobs, precisely because of the high distractability of such chronicity of pain.  Additionally, one often overlooks the excessive amount of repetitive “micro-movements” one engages in while on a computer — of the thousands of dexterous manipulations of the fingers and the concomitant engagement of the shoulder muscles, etc., in the very act of typing on a keyboard. 

Pigeonholing a medical condition to a specific type of job is a dangerous endeavor of dismissing a viable Federal Disability Retirement application under FERS and CSRS.  Careful thought and consideration should be given for each medical condition, especially when attempting to ignore the impediment it is causing in performing the essential elements of one’s job does not make the pain go away.  “Out of sight” does not mean “out of mind”, especially when dealing with pain and the underlying medical condition.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Psychiatric v. Physical Disabilities

People continually inquire as to the difference between Psychiatric v. Physical disabilities, as to whether one is more amenable to an approval over the other.  Psychiatric conditions can include a wide range of variables — from Bipolar Disorder, Schizophrenia, Obsessive-Compulsive Disorder, Major Depression, Anxiety, panic attacks, Agoraphobia, ADD/ADHD, and multiple other diagnoses.  Physical medical conditions, also, include a wide spectrum of disorders — Cervical, Thoracic or Lumbar conditions; various cardiac conditions; Carpal Tunnel Syndrome; Fibromyalgia; Chronic Fatigue Syndrome; Shoulder Impingement Syndrome; Plantar Fasciitis; Migraine headaches; Lupus; Chemical Sensitivity issues; allergies; COPD; and multiple other conditions.  Is there a difference between these (and the listed conditions are by no means meant to be exhaustive, but merely illustrative of the wide range of medical conditions)?  The answer is, ultimately, No. 

The foundational essence of a Federal Disability Retirement case, whether involving Psychiatric disabilities or Physical disabilities, is the impact upon one’s ability to continue to perform all of the essential elements of one’s job.  Further, recent case law holds that OPM cannot make a distinction between “objective” medical evidence as opposed to “subjective” medical evidence, and so the old distinction between “psychological” medical conditions as distinguished from “physical” medical conditions can no longer be seriously upheld.  Ultimately, and fortunately, there is no difference between psychiatric disabilities and physical disabilities when trying to get approved for a Federal Disability Retirement case under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire