Posted on November 01, 2010 in Administrative Law
While the issue concerning "situational disability" has been previously discussed and written about in my various blogs and articles, it is helpful to keep in mind certain conceptual distinctions when preparing to file for Federal or Postal Disability retirement benefits under FERS or CSRS. The concept normally applies to psychiatric disabilities, and specifically to two major areas: Major Depression and Anxiety. The paradigm of such a case often involves a Federal or Postal worker who has had some difficulties, conflict with, harassment by, etc., a supervisor or coworker within the agency. The Federal or Postal worker begins to manifest symptoms of anxiety, depression, panic attacks, etc. An EEO Complaint is filed; a grievance is filed; perhaps, several such alternative venues of legal processes are utilized. Despite fighting back, the hostile work situation fails to resolve itself. More importantly, the psychiatric medical condition continues to worsen. Does this simple hypothetical constitute a basis for Federal Disability Retirement benefits under FERS or CSRS, or is it precluded by the legal preclusion of "situational disability"? As with all generic paradigms, the answer is: It all depends. One must look at the chronicity of the psychiatric medical condition; whether the symptoms pervade all aspects of the life of the Federal or Postal Worker; to what extent the psychiatric medical conditions impact his or her ability to perform the essential elements of the job; and to what extent the Federal or Postal worker can perform such a job in a different environment. It is in the details of the conceptual distinctions made, which determine the course of viability in filing for Federal or Postal Disability Retirement benefits under FERS or CSRS.
Sincerely, Robert R. McGill, Esquire
While the issue concerning "situational disability" has been previously discussed and written about in my various blogs and articles, it is helpful to keep in mind certain conceptual distinctions when preparing to file for Federal or Postal Disability retirement benefits