when “objective medical evidence” is not necessary

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

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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; […] Read More …

Federal Employee Medical Retirement: Cartesian Bifurcation

Posted onAuthorFederal Disability Retirement Attorney1 Comment

Modern philosophy is often considered to have begun with the French philosopher, Descartes; this is perhaps unfortunate, for the resulting inward navel gazing which was precipitated and the subsequent conceptual bifurcation between mind and body, […] Read More …

OPM Disability Retirement Lawyer Claims: Meeting the Legal Criteria

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Lawyers often speak about “the law” as if it has the character of a science — of established principles which are objective, without the arbitrary influences of subjective interpretive devices or nuances. But even science itself fails any pure test of universal unalterability; […] Read More …

Federal and Postal Disability Retirement: The Pain Problem

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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 […] Read More …

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

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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 […] Read More …

OPM Disability Retirement: The Law

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I will be writing an article of greater length on this issue, but suffice it for now that when “the law” works, it works well. A major second case has been decided in favor of the Federal employee — first, it was Vanieken-Ryals v. OPM, 508 F.3d 1034 (Fed. Cir. 2007), and now, Sylvia M. Reilly v. OPM, decided July 15, 2009. Vanieken-Ryals […] Read More …

OPM Disability Retirement: The Case of Fibromyalgia

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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” […] Read More …

OPM Disability Retirement: Further Comment on Vanieken-Ryals

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Vanieken-Ryals v. OPM, decided by the U.S. Court of Appeals for the Federal Circuit on November 26, 2007, has an interesting statement from the deciding Judge, which can be used as “firepower” for anyone who is attempting to obtain Federal Disability Retirement benefits (note of caution:  for lay non-attorneys, be careful in how you use Read More …

OPM Decisions of Denial in FERS & CSRS Disability Retirement Case

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There are two elements: competency/knowledge, on the one hand, and authority/power on the other. When the two come together, we then have the combination resulting in a reasoned decision. It is indisputable that an Agency has the authority and power to make administrative decisions. On the other hand, if the Agency makes a decision without Read More …

Summary Legal Update for FERS & CSRS Disability Retirement

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On my website, Federal Disability Retirement Lawyer, I give a more extensive explanation of a recent and important case impacting federal disability retirement applications, but I think that it is important for everyone filing, or contemplating filing, for disability retirement under FERS or CSRS, to be aware of the recent United States Court of Appeals Read More …