Federal Disability Retirement Attorney: Qualia & First Person Attribution of Mental States

Private, subjective mental states are unique by self-definition; they become public knowledge only when shared with deliberate intent, revealing the inner thoughts, private conceptual pondering, and narrative voices of the subjective “I”. Pain is similar in form, in that one can mask and keep private the experiential factor of pain, just as one can remain hidden in the private thoughts one engages.

Qualia, in philosophy, has to do with the subjective experience of one’s encounter with the greater world; and the first person attribution of a mental state encompasses the “I” in the midst of that universe of contained subjectivity. The problem always is how one can and should relate the private experience when a public narrative of that subjectivity is required.

For Federal and Postal employees who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the problem of conveying in persuasive form and argumentation, of transversing the chasm between the “qualia” of one’s subjective mental state into the foray of medicine, diagnostic testing, clinical encounters with medical professionals, and the entire compendium of what constitutes the “objective” world, is a necessary prerequisite where the incommensurable wall must be overcome.

An effective OPM Disability Retirement application under FERS, CSRS or CSRS Offset, is like watching a gymnast on a balance beam; overstating the subjective may result in loss of that balance.  Federal employees and Postal workers who suffer from those specific medical conditions which are considered “unverifiable” through normal channels of diagnostic methodologies — Fibromyalgia, chronic fatigue, chronic and intractable pain, etc. — must find ways where the public description goes beyond the qualia of private mental attributes.

In many ways, we have progressed culturally; and such progressivism is found in the diminishment and near-extinguishment of that dualism between the cognitive and the physical, and this is established by the general acceptance of psychiatric conditions as being just as “valid” as physical maladies. But old haunts and biased perspectives still abound, and during such times of transition, one must still take care in how one approaches subjectivity in the wake of the yearning for objectively verifiable evidentiary components.

Like the public who watches the graceful movements of a gymnast on a balance beam, it is the roar of the crowd in appreciation one seeks, and not the gasp of disappointment when lack of balance results in a sudden and unexpected fall.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Pleasure & Pain

Other than the obvious alliteration of the two concepts, they are antonyms defined by the reality of sensations.  On a spectrum, each can reach differing measures of identification and tolerance:  pain can vary in degree of severity and tolerance, based upon an individual’s capacity; pleasure can reach a wide range of obscure identifiers, because of the subjectivity involved in what constitutes pleasure for one individual as opposed to another.

The two principles combined, of course, can complement and detract on a spectrum; as pain increases, one’s pleasure diminishes; but the corollary effect may not be of parallel consequence in that an increase in pleasure will not necessarily subtract or minimize the pain one experiences.  As a general principle of life, however, the proportional existence of each brings about the valuation and quality of one’s being and existence, and the worthiness of a sustained life.

For those who suffer from a medical condition such that one’s medical condition directly impacts the daily quality of one’s life, measurable pain and the quantitative existence of pleasure is important in planning for the future.  For the Federal and Postal employee who suffers from a progressively deteriorating medical condition, whether physical, psychiatric, or a combination of both, pain often becomes a constant companion which negates the sustenance of life’s pleasures.

Federal Disability Retirement for Federal and Postal Workers, whether under FERS or CSRS, filed through the U.S. Office of Personnel Management, is an employment benefit meant to allow for the Federal and Postal employee to alter the course of one’s life and career, by providing for a basic annuity with the added encouragement of going out into the private sector and pursuing a second vocation and career.  It is thus a recognition of the paired principles of pain and pleasure; of allowing for a respite from the pain in one’s career, while identifying that work and productivity often results in the increase of pleasure in one’s life.

It is an anomaly that two such opposing conceptual constructs are perceived inseparably; but as life often presents us with conundrums which cannot be explained by mere linguistic gymnastics, the reality of pain and pleasure provides markers by which we are guided to act.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Pain Ownership

Wittgenstein was a master of linguistic analysis, and questioned the traditional correspondence theory between the language which we speak and describe about the world, and the objective reality which we encounter on a daily basis.  He was the penultimate anti-philosopher who saw philosophy as merely a bundle of confused and confusing conundrums unnecessarily propounded by misuse and abuse of language.

Viewed by many as the successor to Bertrand Russell and English Empiricism, he questioned consistently the role of language, its origins, and confounding complexities which we have created by asking questions of a seemingly profound nature, but which he merely dismissed as containing self-induced mysteries wrapped in a cloak of conundrums.

For Wittgenstein, the problem of pain and “pain language” is of interest; of the person who speaks in terms of “having a pain”, as opposed to the doctor who ascribes the situs of such pain in areas vastly different from where the pain is felt; and the complexities of correlating diagnostic studies with the existence of pain.

For the Federal and Postal employee who is under FERS or CSRS and is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the relevance of Wittgenstein’s linguistic analysis should not be overlooked.  Pain is a personal matter, whose ownership is never in dispute by the person who feels such a phenomena; but how to express is; in what manner to effectively convey the validity of such sensation; how best to “put it into words” is always the problem of effective and persuasive writing.

There is a vast chasm of differences between the ownership of pain and the conveyance of the sensation such that the reader (in this case, the U.S. Office of Personnel Management) will be persuaded of one’s medical condition.  The correlative fusion between the world of language and the objective reality of an indifferent universe must be traversed efficiently and effectively; that is the whole point of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Pain as a Reminder

Pain is a reminder that the physiological state of one’s body is in need of rest or repair; it is tantamount to an error message on the computer, with the analogy of our brain being the software component.  Chronic pain thus constitutes a system shutdown; continued non-response and delay will either result in systematic error messages or progressive deterioration where the entire system will begin to be impacted with reverberating consequences.

It is well that the largest organ of our body is our skin; for, as a concealing covering, it contains the inner workings — and malfunctions — of our other organs and systems.  But within the constellation of the composite of organs and systems functioning in coordinated fashion to keep us alive, the “software system” allows for error messages to be relayed to important information centers, of warnings meant to be heeded.

Pain is such an error message; chronic pain is the heightened alert system to keep us informed.

For the Federal or Postal worker who experiences such continuous and persistent relays of error messages, the failure to heed merely delays the necessity of responding to the system shutdown.  Federal Disability Retirement is meant to be a compensatory system whereby a restorative period of recuperation is allowed for, with the possibility of engaging in employment in a different capacity without losing one’s base annuity.  It is a long and involved administrative process.  Such preparations must be submitted through the U.S. Office of Personnel Management, whether you are under FERS or CSRS; further, if you are a separated Federal or Postal employee, you have only up until one (1) year to file from the date of separation.

Allowing the error message to be sent repetitively and ignored out of hand may constitute malpractice on the part of the recipient — the Federal or Postal Worker who does nothing but continue to be dedicated to one’s job, while ignoring the basic rule of life:  self preservation.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Pain Problem

The problem with pain is that, quite simply put, there is only one person who “owns” it — the pain-feeler.  One can describe it, ascribe adjectives which somewhat make it come alive for the listener; and even attempt metaphors and analogies that expand upon the limited universe of words as opposed to the physical sensation which creates havoc and turmoil in a person’s life.

There are numerical designations (“she consistently feels pain on the scale of 7/10 daily”) and words like “chronic”, “intractable”, and “severe” capture a sense of what a person undergoes; but in the end, these are merely word-games in comparison to the agonizing physical trauma which the person experiencing the pain must endure.

In preparing a paper presentation to the U.S. Office of Personnel Management in the form of a Federal Disability Retirement packet, whether under FERS or CSRS, chronic pain and the extent of how such pain prevents one from performing one or more of the essential elements of one’s job, is often problematic for the Federal or Postal employee who is contemplating such a venture.

It presents a challenge for two primary reasons:  First, because of the difficulty in translating a physical sensation into a clear and effective conceptual modality; and Second, because the audience to whom such a descriptive analysis is conveyed is quite likely attuned to, and therefore somewhat indifferent to, thousands of such descriptions, and thus may have a somewhat calloused view of such statements.

Overcoming the roadblocks and gaining the attention of an OPM case worker requires more than the mere meeting of the law; it demands overcoming the problem of pain — both medically, and administratively.

Sincerely, Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Pain and the Fallacy of Objectivity

Pain by definition is “subjective”, if by it one means that the experiential verification of the condition is uniquely possessed by the “I”, or the subject of the experience.  By contrast, that which is deemed “objective” is presumably validated by more than the possessor of the experiential condition — i.e., by third parties; by testing for the validity and verification of an event through means other than the personal narrative of a singular subject.  Yet, if verification of an experience is accepted merely by sheer volume of a collective consensus, then most scientific revolutions in advanced discoveries would never have survived.

In Federal Disability Retirement law, it is often the argument of the U.S. Office of Personnel Management that the Federal or Postal applicant has failed to provide “objective” medical evidence in presenting his or her case.  The narrative of having a condition of “chronic pain”, or “severe pain” — being “subjective” by definition — is not deemed “objective“, and therefore cannot be the valid basis alone for a Federal Disability Retirement case (or so the argument by OPM is often presented).  Even the results of an MRI will not necessarily satisfy the scrutiny of OPM; for, ultimately, an MRI can only reveal an observable abnormality — not that a person experiences “pain”.

Fortunately, there are a number of cases in law which rebut OPM in their attempt to bifurcate between “objective” and “subjective”, and such legal tools should always be cited and applied in any Federal or Postal Disability Retirement application.

While pain may indeed be subjective by definition, the objectivity of a Federal Disability Retirement application should never be based upon what OPM deems as sufficient; rather, it is the law and the long history of legal guidance by the courts which should mandate how OPM acts.  Indeed, if we let OPM’s subjective determinations rule the day, we would all be left in an existential state of pain — one which would then result in a collective consensus which may be deemed objective in nature.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Case of Fibromyalgia

Fibromyalgia is one of those medical conditions that the Office of Personnel Management systematically “targets” as a condition which is prima facie “suspect”. This is despite the fact that there are cases which implicitly “admonish” OPM from engaging in the type of arbitrary reasoning of denying a disability retirement application because they “believe” that “no objective medical evidence” has been submitted, or that the “pain” experienced (diffuse as it might be) is merely “subjective”, or that the chronicity of the pain merely “waxes and wanes”, and a host of multiple other unfounded reasonings. Yet, cases have already placed a clear boundary around such arbitrary and capricious reasonings.

A case in point, of course, is Vanieken-Ryals v. OPM, a U.S. Court of Appeals for the Federal Circuit case, decided on November 26, 2007. In that case, it clearly circumscribes the fact that OPM can no longer make the argument that an Applicant’s disability retirement application contains “insufficient medical evidence” because of its lack of “objective medical evidence”. This is because there is no statute or regulation which “imposes such a requirement” that “objective” medical evidence is required to prove disability. As long as the treating doctor of the disability retirement applicant utilizes “established diagnostic criteria” and applies modalities of treatment which are “consistent with ‘generally accepted professional standards'”, then the application is eligible for consideration. Further, the Court went on to state that it is “legal error for either agency (OPM or the MSPB) to reject submitted medical evidence as entitled to no probative weight at all solely because it lacks so-called ‘objective’ measures such as laboratory tests.” Statues are passed for a reason: to be followed by agencies. Judges render decisions for a reason: for agencies to follow. Often, however, agencies lag behind statutes and judicial decisions. It is up the an applicant — and his or her attorney — to make sure that OPM follows the law.

Sincerely,

Robert R. McGill, Esquire