Tag Archives: the way to prove a psychiatric condition in a federal disability retirement case

Federal Employee Medical Retirement: Cartesian Bifurcation

Modern philosophy is often considered to have begun with the French philosopher, Descartes; this is perhaps unfortunate, for the resulting inward navel gazing which was precipitated and the subsequent conceptual bifurcation between mind and body, for which we must contend with and pay the price, to this day.

For the longest time, of course, there was a suspicion that psychiatric conditions were somehow less viable and more difficult to prove; this is perhaps as a result of a misconception and misunderstanding of that proof which constitutes “objective” data as opposed to “subjective” interpretations of any factual analysis.

In Federal Disability Retirement cases, the U.S. Merit Systems Protection Board has steadfastly rejected any notions of subjective/objective differentiation, especially when it comes to psychiatric medical conditions.  Fortunately for the Federal and Postal Worker who suffers from medical conditions such that the medical disability prevents one from performing one or more of the essential elements of one’s positional duties, the MSPB has repeatedly rejected OPM’s claim that certain medical evidence (clinical examinations and encounters with a psychiatrist, for instance) is merely “subjective”, as opposed to what they deem to be considered “objective” medical evidence.

Whether anyone at the U.S. Office of Personnel Management is aware of Descartes and the French philosopher’s profound influence upon the mind/body bifurcation is a matter of factual irrelevance; the important historical point to be recognized is the trickling down impact from theoretical discourses in academia, to the pragmatic application of concepts in bureaucratic administrative functions.

Descartes lives, and the echoes of his philosophical influence resounds and reverberates down into the hallways of the U.S. Office of Personnel Management, in the daily reviews of Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees with Disabilities: Suffering in silence

The silent sufferer rarely gets noticed; but, of course, that is the whole point.  It is analogous in an inverse manner to the childhood adage that the squeaky wheel gets the oil.  From a purely philosophical, conceptually vacuous standpoint, how does one “show” pain?  How does one reveal the inner turmoil of Major Depression, anxiety, panic attacks, or a Bipolar Disorder?

Certainly, physical manifestations of uncontrollable tremors, trembling, etc., can be indicators; but the more complex state of psychiatric conditions which are negatively reflected to the world — of paralysis from action; of lethargy; of an overwhelming “sense” of worthlessness and hopelessness; where stamina or energy, self-motivation and initiative, cannot simply be forced; rather, one is lifeless in a world of activity and sensory overload, not because one cannot self-will movement and progress, but because one is mentally and physically unable to act upon one’s volition.

It is, ultimately, the age-old question of Appearance versus Reality.  So, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the question to be answered is not whether an effective description creating a nexus of one’s medical conditions with one’s positional duties as a Federal or Postal employee should be assembled; rather, the question is how.  One must overcome the appearance of normalcy, by cracking open the reality of the underlying medical condition, and to bring forth, as Heidegger would put it, the uncovering of the reality of Being — by using selective words to reveal to the OPM Representative the starkness of one’s medical conditions.

Eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management must be proven; in order to prove it, one must show the reality of the Real, as opposed to the silence and concealment of that which is mere Appearance.

Sincerely,

Robert R. McGill, Esquire