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

Early Retirement for Disabled Federal Workers: Generalized Anxiety Disorder

It may seem antithetical to talk about the psychiatric condition of Generalized Anxiety Disorder in filing for Federal Disability Retirements benefit under FERS or CSRS, especially during the Holidays — but, in fact, the analogy with the high stress which many Federal and Postal workers feel because of Christmas, New Years & other holidays is especially relevant.  

Let me elaborate.  Such a time period as “The Holidays” in fact often brings greater stresses in a person’s life — for it is precisely a time when one is “supposed” to feel joyous, when in fact an individual’s internal, personal turmoil may contradict the outward appearance which one manifests.  Such a combination — of the high level of stress one is experiencing, at a particular time (the Holidays), may be considered a “situational” psychiatric condition, because (hopefully) it will subside once the time-period passes.

This is a good way to understand what distinguishes between a “situational disability” (which is disallowed in Federal Disability Retirement applications under either FERS or CSRS) and “non-situational disabilities” (which are viable medical conditions pervading all aspects of one’s life, regardless of time or situation).  

The Office of Personnel Management will often attempt to characterize the psychiatric condition of Generalize Anxiety Disorder as one of merely “situational occurrence” — i.e., of being particularized and categorized as occurring only within the confines of a particular department, a particular workplace situation, or a period of time when a specific supervisor or coworker is present (sort of like occurring during the Holidays).  But Generalized Anxiety Disorder, properly diagnosed by a treating physician, is rarely, if ever, situational, and in fact is a serious psychiatric condition which qualifies for Federal Disability Retirement benefits under FERS or CSRS.  

Do not let the Office of Personnel Management fool you; Generalized Anxiety Disorder is a viable psychiatric medical condition, especially if it pervades all aspects of your life, and it prevents you from performing one or more of the essential elements of your job as a Federal or Postal employee under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

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

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

OPM Disability Retirement: The Time to Make the Decision (Part 2)

The medical condition known as “Fibromyalgia” is analogous to the manner in which Federal and Postal employees approach the decision-making process in filing for Federal Disability Retirement benefits under FERS & CSRS.  Let me explain:  Fibromyalgia, as the Office of Personnel Management often likes to characterize, often manifests itself with chronic and diffuse pain which “waxes and wanes” — meaning, in simple terms, that there are good days and bad days; days when the pain is unbearable, excruciating and debilitating; and days when one can “manage” the extent of the pain and mental dysfunction and confusion. With that context, the Office of Personnel Management often tries to argue that it is not “so bad” as to qualify for Federal Disability Retirement benefits under FERS & CSRS. 

By analogy, people with all sorts of medical conditions — from physically debilitating neck and back pain; from Orthopaedic injuries, arthritis, chronic pain, visual impairment, etc.; to psychiatric disabilities of Major Depression, anxiety, panic attacks, PTSD — some days, one can seem to manage the disability; on other days, one cannot get through the day, let alone perform the essential elements of one’s job.  But deep down, one knows that one cannot continue forever on the same course.  To continue is to slowly wither away by a thousand cuts, one cut at a time, one cut per day.  And so, just as the Office of Personnel Management is plainly wrong (for Fibromyalgia is a chronic and debilitating medical condition which clearly qualifies for disability retirement), so the person who procrastinates in making the decision to file for Federal Disability Retirement benefits under FERS & CSRS is simply waiting for the inevitable.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Right Time

For each Federal and Postal employee, there is a “right” time to file for Federal Disability Retirement benefits under FERS & CSRS.  By “right time”, I do not mean as to the proper timing in the actual filing of a Federal Disability Retirement case — i.e., whether it should be before or after separation from service, whether at the end of the year, the beginning of the year, etc.  No, by “right” time, I refer to the time when a Federal or Postal employee — that person who has put in all of those many years of loyal service, managed through pain, discomfort, overwhelming stresses, anxieties, fears, chronic and intractable pain, etc. — comes to the conclusion that he or she cannot continue in this mode of existence anymore.  Whether or not a Federal Disability Retirement case is filed with an agency or at the Office of Personnel Management in one month as opposed to another, is ultimately not of great importance; whether a person who is suffering from a medical condition for months, or years, and has been adept at hiding the daily pain and suffering — whether that person has come to a decision that it is now the “right time” to file for disability retirement, makes all the difference.  Each person must find that right time.  “How” and “when” are the two questions which must be answered, and only the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS can answer such questions.

Sincerely,

Robert R. McGill, Esquire