Tag Archives: a final break from the absolute tyranny of the office of workers comp owcp

Reflections on Federal Disability Retirement this Independence Weekend

Each country has a symbolic date for celebrating independence; that historic marker which represents the freeing of a populace from the chains of tyranny.  Some may view it as an anachronism, and in such a mindset, it is merely another day off from the daily toil of work. Others, with half-hearted attempts at joining the revelry of the occasion, may actually convince themselves of the celebratory relevance of the extended weekend.

How does one keep alive the historic importance of past markers?  As veterans of past wars begin to decrease in number, so the present fervor of an event parallels the diminishing stature of the occasion.  Why is World War II more prominently featured than the “Great War” some mere decades preceding; and what of the cost of the Civil War?  As living memories fade, so the pages of history remain kept on dusty bookshelves left for college professors and their students to ponder. In the end, relevance of an event must be personalized; that is how connections are made.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition itself becomes a tyranny of dependence, it is precisely that marker which separates one from confinement which reveals a revelatory relevance to the greater world.  Filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an option available to all Federal and Postal employees who seek to become independent from the chains of turmoil and turbulence caused by one’s medical condition and the exacerbation of such conditions upon one’s Federal or Postal position.

Independence day is often a marker of historical significance, but it must always relate at the personal level for each individual. Otherwise, it remains merely an extension of another weekend.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: The Tyranny of Logic

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