You can often tell from the eyes and the mannerism whether the opening prelude is meaningful, or predetermined to merely manipulate to an intended end. The opening interlude which allows for the conduit of engagement: “Let’s discuss it”; does it next encapsulate an ear which listens, or pauses which allow for conveyance of communication – or merely a diatribe of invective meant to dissuade and demean?
It is a rare character, indeed, that states and means in a coalescence of sincerity; instead, the danger signs should be evident at the outset: The end has already been predetermined; your words are merely allowed to provide a setting of appearance, or to give you the rope in order to coil it and hang yourself.
Beware of the wolf in sheep’s clothing (or does that metaphor even apply, today?); there is rarely a cast of shadows without the darkness elongated, and it is indeed a rarity to find sincerity in an insincere world. Discussion requires a prefatory contingency of openness to logical argumentation (or even emotional appeal), persuasion, dissuasive comportments, and a sense of listening.
Is there a fine line between that, and a preset paradigm of an already-established course? Take the following hypothetical: Some figure of authority – the “boss”, or a manager, supervisor, etc. – grants a forum for a “discussion” of the “issue” (whatever they may be), but during such an exchange it becomes readily apparent that the counterpart shows no signs of actual interest – the fidgeting, the proverbial “looking at the watch”, the furtive eyes, the yawn; all together, showing a complete disinterestedness in the process.
But something during the discussion sparks, and an unintended consequence (to paraphrase the well-worn American Lore from Adam Smith and the economic entrails of systematic chaos) suddenly rears its beautiful head; eyes sparkle; the head and chin tilt slightly back, and intelligence (which heretofore was merely a dark abyss of eternal vacuity) gleams in the eyes of the “boss”; “Now, that is an interesting proposal…” comes the refrain.
In such a scenario, was the fact that predetermination of outcome altered during the course of the foray, changed the entire episode into one which embraced a sincerity of motives? Or, is it merely that the counterpart changed his or her mind, and “openness” to such an exchange was a farcical prelude to an otherwise meaningless exchange? Does the mere fact of allowing for a discussion – an opportunity to voice one’s concerns or to “vent” through a diatribe of invectives – establish a sincerity of allowances, even if the original intent was otherwise left unstated?
Which brings us to the point of this exchange – for, in a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the thing that many Federal and Postal employees fail to realize, is that there is contained within the bureaucratic system of the administrative process, a procedure which essential does constitute a “Let’s discuss it” trigger.
For, that is precisely why there are multiple stages of the administrative process – of the “Initial Stage” in filing a CSRS or FERS Disability Retirement application; then, if rejected and denied at the First Stage, a second “opportunity” of a “Let’s discuss it”, represented by a “Reconsideration Stage”, where additional medical documentation and legal argumentation can be empowered; and, then again, a “Third Stage”, where the Federal or Postal employee may disagree with OPM’s determination, and file an appeal to the U.S. Merit Systems Protection Board. Additionally, there is even a Fourth Stage – of a Petition to a panel of MSPB Judges for a legal review of the process.
Such an Administrative Procedure reveals and establishes an aversion to what most people experience, in that there is a process of listening, appealing and persuading in a Federal Disability Retirement application – something which is rarely found in the world at large, where the refrain, “Let’s discuss it”, is normally anything more than a prelude to a predetermined course of action.
Sincerely,
Robert R. McGill, Esquire
Federal Disability Attorney
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Disability Retirement for Federal Government Employees: What not to say
Of course what not to say is as important as the things one says. Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings. We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.
Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.
“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action. “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.
It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.
It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty. But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.
Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.
So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow. The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.
Sincerely,
Robert R. McGill, Esquire
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