Tag Archives: government discrimination cognitive incapacity claims

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

 

Federal Disability Retirement Law: Leaving behind the Corybantic Dance Hall

Employment which fails to accommodate one’s disabling conditions is inherently and obviously detrimental to one’s health; when it exacerbates and further deteriorates, it is all the more time to consider parting ways.

Dancing is a medium of enjoyment and entertainment which is a passing cultural phenomena. The rhythm of two people in a constancy of coordinated steps and movements; the self-centered, egoistic age of the modern era denies the ability or capacity to engage in such in-tune embracing of efforts.

Ugliness, in contrast to the beauty of graceful dancing, is characterized by lack of coordination, stumbling, singularly separated movements lacking in attention to other motions; a self-centered continuum of disjointed gyrations. Agencies are like dance halls. Some are replete with coordinated rhythms of bodies moving, graceful in efficiency of stylistic constancy. Others reveal an ugliness and uncaring attitude, like two drunkards lost in worlds of self-pity and attending only to one’s selfish needs.

Federal employees, early in their careers, are invited to various dance halls, and the choices made may have changed over the years.  Perhaps the music has changed; there is a new DJ at the helm; or maybe the frenzied lack of gracefulness was less bothersome in one’s youth.  But at some point the dance hall itself, and the participants of such ugliness, have come to the fore, and it may just be time to leave it all behind.

Chronically ill Federal employees or injured U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, must sometimes leave behind the dance hall, the music, and the partners with whom one once danced.  Federal Disability Retirement is an option open at the exit door of the corybantic dance hall. It is an administrative process which is submitted to the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS or CSRS.

As time passes by, the frenzied antics of one’s youth may need to be left behind, and filing for Federal Disability Retirement benefits through OPM may be a necessity in order to attain a level of calm and quietude, away from the dance hall which contributes, exacerbates, or exponentially quantifies one’s medical conditions which need attending to in order to consider any future at all.

Sincerely,

Robert R. McGill, Esquire