There is a view that is often proposed that, for certain medical conditions or disabilities, that a different “approach” needs to be undertaken. Thus, by way of example, certain medical conditions such as (to name just a few, and of course, the list is by no means intended to be exhaustive) Fibromyalgia, Chronic Fatigue Syndrome (CFS), various forms of Multiple Chemical/Environmental Sensitivity cases, and even psychiatric conditions such as Bi-polar Disorder, Generalized Anxiety, etc. — are often thought to be somehow in a “different” category from (again, by way of example) more “traditional” medical conditions such as Multiple Sclerosis, Lupus, Shoulder Impingement Syndrome, Osteoarthritis, degenerative disc disease, herniated discs (cervical or lumbar), Torn ACL, Failed Back Syndrome, etc.
Thus, the question sometimes posed is: should the former types of medical conditions somehow be treated “differently” than the latter, more traditional types of medical conditions? My answer is, generally, “No”. First, each individual case must be treated based upon the uniqueness of the particular case. Second, to file a disability retirement application “differently” because you fear that OPM may not accept your particular kind of medical condition approaches the entire process in a defensive, almost defeatist manner. Third, because Federal Disability Retirement is based upon the symptoms which are manifested, as opposed to a “category” of a medical condition, and further, how those symptoms and manifested symptomatologies impact the essential elements of one’s job, it is the emphasis upon the nexus between the symptoms and the core elements of the job which should always be emphasized, and not what your medical condition is “called” or “named” as. Thus, as a general point of legal approach, I prepare all of my clients’ disability retirement applications in a similar vein: that, regardless of what condition you have been diagnosed with, the symptoms exhibited and clinically identified by your treating doctor impact your ability to perform the essential elements of your job. This is the best approach to take in all cases.
Sincerely,
Robert R. McGill, Esquire
Filed under: The Job of a Federal Disability Attorney | Tagged: anxiety & panic attack in the Postal Service, applying for federal disability, attorney for US government employees, auto-immune disabilities, Bi-polar disorder in OPM disability, Cervical Herniated Disc, Chemical Sensitivity, Chronic Fatigue Syndrome (CDC) and Postal/Federal workers, chronic phlebitis, civil service disability retirement and osteoarthritis, colon problems affect job performance of federal or postal workers, disability retirement at the USPS, Environmental Sensitivity, Essential Elements of a Job Concept in OPM Disability Law, Failed Back Syndrome, federal and postal workers with severe migraine headaches, federal government employee with emphysema, federal workers disability, FERS Disability, fers disability for bleeding ulcers problems, fibromyalgia and federal disability retirement, Fibromyalgia in OPM disabiity retirement, Generalized Anxiety Disorder (GAD), Health Conditions and the Federal and Postal Employee, heart problems and opm disability, how to win an OPM disability case, Irritable Bowel Syndrome, job-related illness, Lumbar Herniated Disc, Lupus, Major Depression cases in the USPS, medical condition(s), mental condition in OPM disability, Multiple Chemical Sensitivity (MCS), Multiple Sclerosis, nexus between medical disability and job performance, non job related injures or illnesses, obesity in OPM disability retirement, occupational hazard federal employees, OPM disability application tips and strategies, OPM mental condition, Osteoarthritis degenerative disc disease, OWCP long term disability, plantar fibroma and the us government employee, Postal employees disability, Postal Service disability, postal workers disability psychiatric disability in OPM disability retirement, psychiatrist, psychologist, Reiter’s Syndrome and the US government employee, rheumatic diseases, rotator cuff tear and fers opm disability retirement, severe and radiating pain, Shoulder Impingement Syndrome, Torn ACL, USPS Workers Comp, when hearing loss affects a federal worker's job performance | Leave a comment »
