Tag Archives: using stress and associated disabilities as the basis for my fers disability retirement claim

Federal Worker Disability Retirement: Stress, Anxiety, Depression…

Stress is often the noun which triggers.  As the originating causation, it is often considered the evil cousin who brings about other ailments. It is a state of mental or emotional strain which is encountered under extraordinary circumstances, often hostile in nature, and involving a lack of calm or quietude.

Workplace stress is a reality of the modern technological age; hostile work environments have been identified as causative agents of stress; and demands for overburdened, repetitive work habits contribute exponentially.

Attempts to reduce workplace stress are always welcomed but often ineffective

Attempts to reduce workplace stress are always welcomed but often ineffective

While the goal for a “stress-free environment” is generally unattainable and a mythological state existing only in one’s imagination, it is thought from a medical perspective that engaging in stress-reducing activities, whether incrementally throughout the day, or during one’s leisure time, remains an important facet of healthy living.

The noun which triggers — stress — is that which, if left unchecked, can result in the debilitating effects of an explosion of psychiatric (and physical) medical conditions, including (but not limited to) anxiety, depression, suicidal ideations, homicidal thoughts, intrusive nightmares, Post Traumatic Stress Disorder, gastric and abdominal dysfunctions, chronic and profound fatigue, general malaise, chronic pain, debilitating migraine headaches, and a host of other medical conditions.

At some point, when the seriousness of a medical condition brought about by stress cannot be relieved or reduced through pragmatic means of altering key components which cause the stress, then complete removal from the stressful environment must be considered.

Generalized anxiety disorders appear in physical and psychological ways. Headaches are a possible physical symptom. So are muscle aches, sweating, and hot flashes.

Federal Disability Retirement, available for all Federal and Postal employees who have the minimum number of years of service, whether one is under FERS or CSRS, and filed through the U.S. Office of Personnel Management, must always be considered when one’s medical condition — whether triggered by stress or some other causative agent — begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position.

Sometimes, when the visiting cousin who carelessly and thoughtlessly spreads germs and destructive diseases comes for a short visit, subtle hints as to the unwelcome nature of the visit may simply fail to move.  In such cases, it is time to move out, leaving behind the unwanted cousin to drown in the misery of his own making.

Sincerely,

Robert R. McGill, Esquire

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

Disability Retirement for Federal Government Employees: Stress & Exacerbated Medical Conditions

Often, the generic designation of “stress” is the underlying medical condition; other medical conditions can exist, and perhaps are exacerbated by the underlying condition of “stress” — or, at least that is the suspicion, both by the Federal or Postal worker who is suffering from such conditions, and (hopefully) understood by the treating medical doctor

While failing to have direct causal linkage, the situation often arises where the chronic medical condition may have periods of remission, followed by severe episodes of unrelenting exacerbations.  The problem with such medical conditions in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, is that the medical condition must prevent one from performing one or more of the essential elements of one’s job, and such a condition must last for a period of 12 months or more. 

Medical conditions which “wax and wane” (OPM’s favorite description of Fibromyalgia) and are “not severe enough to preclude an individual from the workplace altogether” (another of OPM’s favorite descriptive rationalizations for denying a Federal Disability Retirement application — which is legally inconsequential and a mis-statement of the laws governing Federal Disability Retirement) — present a special challenge in preparing, formulating and filing a Federal Disability Retirement application.  However, even a challenge such as “stress” and a secondary medical condition which is exacerbated for episodic periods, is one which can be overcome, and successfully overcome. 

The fact is that the focus is often misplaced.  Instead of asking the doctor to focus upon each individual medical condition, it is the wiser route to have the doctor discuss all medical conditions in their totality, and show that the complex interaction of the primary and secondary medical conditions together prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire