It is always a challenge to persuade someone that an X exists despite its subjective nature, despite the lack of visual verification. This is a visual-centered world, and while blindness can be compensated to a certain degree by assistive technology, the plain fact is that sight is the first order to ascertaining the existence of X.
“Pain”, as a subjective phenomenon, fails to exist without certain “circumstantial evidence”, as they say in criminal law. The presentation of circumstantial evidence can include a multitude of vector-like variables pointing to acceptable indicia of that which cannot be seen, including: MRI and other diagnostic results showing the basis of subjective pain; consistent clinical encounters where declarations of pain are noted by the doctor; observations noted by third parties describing visual validation of gait dysfunction or facial expressions of discomfort; individual instances of weakness, inability to bend or lift, etc.
There is, as well, the ultimate source of information: The person who is in pain; and further, the logical fallacy of “reputation argumentation” can also be employed — of “I am George Washington and cannot lie” argument, etc. In the end, the utilization of any and all of the above is the only way to move the needle of the gauge which is entitled, “Do I experience pain?” from the left side of the spectrum (where the indicator points to “unbelievable”) to the right side where it clearly states, “Fully Verified”.
Why the U.S. Office of Personnel Management continues to be suspicious of subjective elements such as “pain” is a mystery; for, the law is clear in a Federal Disability Retirement application as to the acceptability of subjective medical evidence, but nevertheless, OPM continues to ride the wild horse of deniability in order to deny Federal Disability Retirement applications.
To apply the proper laws in order to rebut OPM, you should contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law.
Sincerely,
Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.
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Medical Retirement for Federal Employees: The mouse in the night
They are heard and often unseen; a scratch somewhere from the far corner of the room; a blur along the space between the couch and the wall; and the mouse in the night scurries along, making some amount of noise more greatly enhanced when the quietude of a late evening descends upon us.
Should we put out a mouse trap? The problem with that is that the dogs might come down in the middle of the night, smell the cheese and get his nose trapped and yowl with pain, waking everyone up. Or, hope that the mouse in the night minds his own business, scurries about without anyone noticing, and we can all pretend “as if” he doesn’t live in the same house as you do.
Like spiders, centipedes and other crawlers, the mouse in the night is there, has been, and perhaps always will be; we only try and rid the home of it when we hear it and it becomes bothersome. That’s how we often treat medical conditions, kids who are nuisances, and neighbors who are irritants – we attend to them only when they reach beyond a level of tolerance or a spectrum of acceptability, and then it is often too late.
When does “not yet” and “too late”, or almost too late meet on the spectrum of provocation? Does the mouse in the night become the provocateur merely because we hear him and imagine the slow but steady destruction he imposes, or the danger of the wife or daughter in the house who may scream suddenly (or is that being sexist to think that only the female gender will react in such a way)?
The mouse in the night is very much like a medical condition, where it comes and slowly steals one’s energy, eats away at the energy one has stored, and scurries along the contours of the walls in a blur of running confusion.
For Federal employees and U.S. Postal workers who need to now consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the sudden realization that there is a connection between the medical condition and the slow deterioration of one’s ability to perform all of the essential elements of the job can be likened to the mouse in the night – you always knew it was there and that it was slowly eating away, if not by the noise, then by ignoring its presence; you just kept putting it out of your mind because of those “other reasons”, like the trouble it takes, the fact of facing up to it, the avoidance, and maybe even the hope that it would just go away.
But neither mice nor medical conditions go away, but remain as problems that keep gnawing until the hole in the wall becomes too large to ignore.
Sincerely,
Robert R. McGill, Esquire
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