The general concept of ‘tyranny’ is normally reserved for extreme cases of autocratic emblems of dictatorships, governmental overreaching, denial of due process, etc., and is rarely used in addressing issues arising in Federal Disability Retirement laws governing Federal and Postal workers who are attempting to access an employment benefit which is part of the Federal and Postal employment package — that of Federal Disability Retirement benefits under FERS or CSRS. In this use of the term, however, it is in conjoining two independent concepts: that of ‘tyranny’ and that of ‘logic’. The compounding of the terms results in a concept which is applicable in a positive sense. Allow me to explain.
In the course of filing for Federal or Postal disability retirement benefits, when one is denied at any level of the administrative process, one has a right to a further appeal. Thus, if the application for Federal Disability Retirement benefits is denied at the First Stage of the process, then you have a right to have it ‘reconsidered’ (called the “Reconsideration Stage“, appropriately). If it is denied a second time, you then have the right to file an appeal to the Merit Systems Protection Board — and beyond. At each stage of the process, one hopes that in the review and evaluation of the Federal Disability Retirement application, first by the Office of Personnel Management, then by an Administrative Judge, then by a Federal Appellate Judge, that a set of legal criteria is fairly and uniformly applied, such that the ‘tyranny of logic’ rules. In this sense, ‘tyranny’ is meant to apply in a positive sense, in that a logical, fair and uniform application of the law is applied to the set of facts presented by the Federal or Postal disability retirement application. This all assumes, of course, that somewhere along the line of the ‘food-chain’ of review, that someone has been exposed to either logic, logical argumentation, or the ‘rules of logic’. Hope springs eternally.
Sincerely,
Robert R. McGill, Esquire
Filed under: Reflections of an OPM Disability Retirement Lawyer | Tagged: "workers comp" employee buyout usps, a fair application of disability laws to opm claims in the long run, a federal attorney's legal methodology and approach, a final break from the absolute tyranny of the office of workers comp owcp, accepting opm disability clients all across america, addressing logical and philosophical issues in the long federal disability process, application of a structured and fair legal process in federal disability retirement, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, csrs work related disability, disability retirement for federal employees, federal disability attorney's advice, federal disability law blog, federal employees medical retirement, FERS medical retirement, getting federal disability retirement chances, good and bad alternatives for injured or severely ill federal workers, if the opm disability retirement process is mostly fair in the long term, if workers comp specialists apply fairly the laws to their everyday owcp claims, is it easier to get federal workers comp or opm disability?, law firm representing clients in opm disability law all across america, legal representation federal disabled us workers dayton oh, legal services for federal and postal workers all across america, logical argumentation in federal disability retirement, long term disability for postal workers, medical retirement of government work comp, nationwide representation of federal employees, not a perfect but just a fairly just government process, OPM disability retirement, owcp workers compensation, pomona ca federal attorney for injured ill federal and postal employees, port st. lucie fl federal disability lawyer, postal service disability retirement, pursuing justice in opm law can be achievable most of the time with good representation, representing federal employees from any us government agency, representing federal employees in and outside the country, resources for injured federal workers, salem oregon injured federal and postal workers, santa rosa ca opm disability retirement attorney, sioux falls opm medical retirement law firm, springfield mo federal disability retirement law firm, the 'tyranny' and 'logic' concepts in opm disability retirement, the logical consistency of the federal disability laws in the the long run, the tyranny or logic of opm administrative law, the tyranny-to-logic barometers in the opm and owcp programs, USPS disability retirement, what the opm disability applicant can expect of the process in the long term? | Leave a comment »