FERS Disability

Last Updated on January 31, 2021 by FERS Disability Attorney

It is, of course, the core of Western thought, originating from Socratic arguments against placing one’s faith in the “appearance” of things as opposed to the Platonic Forms that represent true Being; and through Aristotelian arguments of a “substratum” that underlies the outward appearance, to the certitude of Cogito, ergo sum; then, the inner reliance where subjectivity and objectivity coalesce and the distinctions became undoable by Wittgenstein’s standards of banishing all Philosophical problems to mere linguistic confusion, and the belittling scoffs of Russell’s mischievous analysis; these, and many more in the history of contemplative reflection that has haunted the aggregate of outward appearance versus inward thoughts.

All of which brings us to the core of so many medical conditions – where so much cannot be seen and we often have to “exaggerate” just to get people to believe us.  Take “pain”, as an example – one can be in excruciating pain, and yet remain unemotional about it.  Even if an MRI result shows that there is a physical basis for which the pain is experienced, nevertheless, pain by definition is a subjective component, and cannot publicly be quantified.

That is why conditions such as Fibromyalgia, Chronic pain syndrome, Failed Back Syndrome, not to even mention Major Depression, Anxiety, panic attacks, etc. – how does one persuade others of the “real-ness” of the condition?  Broken bones, malignant tumors, catastrophic injuries; these, inward thoughts (believability) are consistent with outward appearance.

There is, in the end, a distinction with a difference that must be acknowledged, between “having a medical condition” and “proving a medical condition” – especially when it comes to preparing, formulating and filing an effective Federal Disability Retirement application.  There are, moreover, certain factors that “favor” the Federal Disability Retirement applicant – such as the standard of proof (Preponderance of the Evidence, as opposed to higher legal standards out there); the weight and validity of a treating doctor’s opinion; and certain clinical evidence that moves the chess pieces beyond mere subjective opinion, thereby bridging the gap between outward appearance and inward thoughts.

Preparing an effective Federal Disability Retirement application requires more than just gathering a pile of medical documents and submitting it. In the end, the Federal Disability Retirement applicant must PROVE one’s case, in order to get beyond mere outward appearance and inward thoughts.

Sincerely,

Robert R. McGill, Esquire