OPM Disability Retirement: Sometimes, It is the Wrong Question

Last Updated on December 2, 2021

If the question is asked, “Is it difficult to get Federal Disability Retirement benefits based upon a stress claim?” — within the context of the poorly-worded question, you may get a wrong answer.  This is because it is the wrong question to begin with.

The concept and term “Stress Claim” is more appropriately formulated in the context of an OWCP claim.  It implies that one is claiming for compensation based upon a situation — a hostile work environment, a harassing supervisor, etc. — because the origin and inception of the medical condition generically characterized as “stress” implies that it is the workplace which is the originating responsibility for the very medical condition claimed.

Such a question would thus imply a multitude of irrelevant considerations for purposes of filing for Federal Disability Retirement benefits under FERS or CSRS, such as the causality of the claim, whether the cause is merely situational (is it the supervisor causing the stress?  If so, if a Federal or Postal worker moved to another office or agency, could he or she work in the same job?), or contained within the context of the workplace.

The problem with using the term “stress” in a question is that, whether as a noun or a verb, it implies too much while revealing too little.  If expanded upon (e.g., while stress may be the origin, is the medical condition Major Depression, anxiety, panic attacks, etc.), then the entire question takes on a new form.  Sometimes, the problem begins with the question asked which is poorly worded; and to a poorly worded question, a wrong answer might be given.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

1 thought on “OPM Disability Retirement: Sometimes, It is the Wrong Question”

  1. Hello, I am a Postal worker with 26 yrs serv I am having some serious medical issues GAD for one and it is affecting my job performance and I am getting severe disipline. Can they give disipline or discrimate against me with my medical cond. I am so afraid I will lose my job. My supv knows I am vunerable and is taking advantage of this. Please help od advise. Thank you!

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