Federal Worker Disability Retirement: The Gatekeeper of Stress

The gatekeeper’s duties encompass the power to determine who enters and exits, and to monitor guests, invitees and generally to control the inflow and outflow of traffic to and from the designated property.

Stress originates from one’s external environment.  It can be physical — as in manual labor which, often because of repetitive use and impact, can result in injuries or occupational hazards; as well as mental and emotional, resulting in secondary or tertiary medical conditions as a natural and direct result thereof.  One often thinks of the gatekeeper as merely he who guards the physical security of a piece of property.  But stress also requires a gatekeeper — especially for the psychological impact which it portends.

In contemplating the preparation, formulation and filing of a Federal and Postal Disability Retirement application, whether under FERS or CSRS, with the U.S. Office of Personnel Management, it is important to understand the inherently problematic nature of attempting to feature “stress” as a medical condition itself.  While it may spawn other conditions, because stress is a part of almost every workplace environment, it rarely serves to be a successful “condition” standing alone.  In conjunction with medical conditions often associated with it, however, it can be effectively and persuasively be identified and delineated.

All of us are ultimately gatekeepers for the things which impact our lives.  Each of us have innate spectrums for tolerating varying levels of environmental factors, including workplace stress.  When the gatekeeper allows too many security violations to occur, it may well be a basis for “removal” from the environment.  And while stress itself may not be the single best basis for exiting the environment, there will surely be other medical conditions which result from the stresses, which will justify preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Vicious Cycle of Psychiatric Conditions

The paradigm and general assumption of those who are not suffering from a chronic medical condition, especially of a psychiatric component — whether of severe Major Depression, Panic Disorder, Generalized Anxiety Disorder, Bipolar Disorder, or possessing characteristics of paranoia and suicidal ideations — is one of, “What’s the big deal?”

If you are going to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, then why hasn’t the paperwork been done?  Why haven’t you gotten the medical reports (as if doctors just drop everything for their patients and fill out forms, etc.)?

Those who are not in the same shoes as a person who suffers from psychiatric medical conditions, fail to understand the vicious cycle — of the impact of the medical condition itself, upon the very ability to proceed in a productive manner.  Yet, the puzzling question is:  If X could behave and produce in the same manner as non-X, would he/she be filing for Federal Disability Retirement benefits to begin with?

The vicious cycle of a person beset with psychiatric conditions involves the paralysis of behavior and the ability to create and produce.  Unfortunately, the world around us fails to understand or have the requisite empathy for such behavior.  To get out of the cycle of paralysis, the sufferer of psychiatric medical conditions will often need the advice and legal assistance of someone who can guide, prompt and implement.

The world is an uncaring system of rules and regulations; empathy and understanding, unfortunately, are not written into the law of life.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The World in Which We Live

Various social commentators have observed the contradiction that, while we live in an increasingly global economy, individuals feel a greater sense of isolation; thus, the conundrum that the world is no longer an expansive, unreachable universe, but in private lives, the uniqueness of the individual is lost and forgotten.

Whether because of the stresses of isolation, or because of the fast-paced, technologically-driven world in which we live, or some organic-based reasons, one may never know; nevertheless, the exponential explosion of psychiatric illnesses erupting in our society cannot be denied.

There was a time, perhaps a decade or so ago, when a stigma was attached to medical conditions and disabilities which were deemed “stress-related“, and which encompassed depression, anxiety, uncontrollable panic attacks, agoraphobia, etc.  One cannot mark a clear demarcation of when the approach and societal attitude, let alone the medical community’s acceptance, of the wide array of psychiatric conditions, changed.

For Federal Disability Retirement purposes, however, the level of approvals versus denials between cases involving psychiatric conditions, as opposed to purely physical medical conditions, has become indistinguishable.  The U.S. Office of Personnel Management does not review or analyze cases based upon psychiatric conditions — so long as one can tell, purely from an “outsider’s” perspective — any differently from “physical” medical conditions.

This is obviously a “good” thing, because psychiatric medical conditions are just as valid, serious, “real”, and devastating, as the most serious of “physical” medical conditions.  The world in which we live has certainly changed; OPM has evolved with the new world, and we are all the better off for it.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Three-Day Weekend

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, the 3-day weekend is a time of respite, recuperation and intermediate period of temporary time-out, in order to regain the energy and sustained endurance to go back to work.  

Pain is a chronic state of being which results in profound exhaustion and fatigue just to fight against it and to attempt to minimize it on a daily basis.  For psychiatric medical conditions, Major Depression, Anxiety, panic attacks, and a host of other conditions and symptoms, are not something which one can simply “will” to overcome.  

Often, the question still is posed whether or not psychiatric conditions are denied by the Office of Personnel Management at a greater rate of consistency than physical medical conditions.  Fortunately, the stigma of psychiatric conditions has diminished.  Whether for physical medical conditions or psychiatric medical conditions, the standard to be met in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is the same applicable standards of proof.  

For the 3-day weekender, however, the standard of proof is an irrelevancy, because the time of recuperation is merely temporary, and the cyclical requirement to return to work in a state of exhaustion, pain, or cognitive turmoil must begin anew with another work day.  It might be time to consider filing for Federal Disability Retirement benefits under FERS or CSRS if you find yourself in that state.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Anxiety

Anxiety is a special form of a psychiatric disability — one which must be approached with thoughtful care in preparing a Federal Disability Retirement application under FERS or CSRS.  While often accompanied by Major Depression, and sometimes panic attacks, Generalized Anxiety Disorder will often have corollary discussions in medical treatment and office notes of references to employment issues involving workplace harassment, discrimination, hostile work environments, etc.  Such references to workplace issues can lead to the Office of Personnel Management denying a Federal Disability Retirement application based upon “Situational Disability” — a medical disability which is self-contained within a particular workplace situation, but which may not necessarily extend to a different office environment with the same job requirements.  

To make moot a claim of situational disability, one would have to show that the medical condition — Anxiety — pervades all aspects of one’s life, and is not just circumscribed by the particular harassing environment of a specific workplace, or a Supervisor, or a hostile workplace, etc.  The more one focuses upon the workplace as the instigating causal force behind one’s anxiety, the more it will compound the problem of being deemed a “situational disability” in a Federal Disability Retirement application under FERS or CSRS.  Ultimately, it is irrelevant what “causes” the anxiety; the important thing is that a person suffers from a medical disability, and the primary focus should be upon treatment of that condition.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Origin of Psychiatric Disabilities

When preparing the Applicant’s Statement of Disability (Standard Form 3112A) in preparing to file for Federal Disability Retirement benefits from the Office of Personnel Management, it is important to keep the essence of the statement “on topic”.  By this, is meant that the primary focus of the applicant’s statement should be repetitively twofold:  First, what the medical conditions and their symptomatologies & manifestation of symptoms are, and Second, how those medical conditions and symptoms impact one’s ability/inability to perform one or more of the essential elements of one’s job.  

While history and origin of a medical condition may be somewhat relevant (unlike in an OWCP case, where causality and date of injury and where/how it happened are important elements in establishing that a medical condition was somehow job related), normally in Federal Disability Retirement cases the origin of a medical condition should not be emphasized, if only because OPM does not care about it.  If the origin of one’s psychiatric medical conditions (e.g., Major Depression, anxiety, panic attacks, etc.) find their source from conflicts within a job, such a history may be a red flag which can lead the Office of Personnel Management to conclude that the medical condition constitutes a “situational disability“.  In a final determination as to whether a medical condition can be characterized as “situational”, while it must be looked at in its full context, nevertheless, it is the origin of a psychiatric medical conditions which is the first point of reference in making such a determination.  

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