Do you remember those old pictures on the advertising pages of various magazines? Or, perhaps they are still there?
Whether for diets, some “Atlas He-Man” powder to build muscles; where the “before” picture is always grainy and indecipherable; whereas the “after” photograph is of a beaming, smiling, clearly and visibly an ecstatic person, satisfied and happy with the product and the end results.
A comparison of the two — the person “before” and the individual “after” — is always of dubious quality (at least with respect to the “before”), and triggers the question: Is it the same person?
But the question itself is somewhat irrelevant — for, of course, in one sense, it is not the same person; the person “after” is different because that is the whole purpose of the advertisement, to convey to the reader that the person “after” is a different person from the person “before”, and the photographs are meant to show you the difference.
So, is it false advertising if the person photographed in the “after” picture is not the identical person as the one shown “before”?
In one sense, it obviously is, because the advertisement is trying to persuade you that the product being sold is what caused the change, and surely if you photograph the “before” person as being the same — but now different — as the “after” person, some semblance of subterfuge was engaged in.
On the other hand, if the whole purpose of the advertisement is to convince you that both the “before” person and the “after” person (both of whom presumably used the product being sold) are, in fact, “different” from one another, then how is it that there is any falsity in the advertisement?
For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, clearly — and without false advertising — there is a difference between the “before” and the “after”.
Before the medical condition, the Federal or Postal employee was a vibrant, productive worker. After the chronic medical condition — well, the clear necessity to prepare an effective Federal Disability Retirement application under the FERS system tells the whole story.
Contact a FERS Disability Attorney who specializes in OPM Medical Disability Retirement Law, and let not the dubious advertising of those “before” and “after” photographs in those old ads detract you from pursuing the need for FERS Disability Retirement benefits before the after of the debilitating health conditions worsens and goes too far.
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.