I'm So Depressed At This Crap!

[hollywoodnc]

WHY are you on Hadit.com? It's because you are either:

#1) DISGUSTED

#2) CONFUSED

#3) DEPRESSED

#4) ALL OF THE ABOVE

Well, welcome to the club!

I've been jerked around by this VA for so many years it's not funny! I am TRULY at my wits end with these people. This isn't the way WE are supposed to be treated. This is utter BULLSHIT!

What I am up against is the fact that my claims folder is in Roanoke, Va. These people here MUST be brain dead! I'm involved with THREE different claims, and have answered to each one of them as they requested, and for some strange reason, they AREN'T reading my replies??? My POA is stumped also! I am thoroughly convinced, that, these people at this RO are suffering from Attention Deficit Disorder! Even after I asked them to transfer my claim, they are STILL in possession of it & are STILL addressing the same issues. This is UNBEF*CKINLIEVABLE!!! I'm starting to bring up "Court Order" threats to force this transfer! Being an EX-employee, my folder is in "Lock File", making it impossible to move it anywhere!

As some of you are aware, I used to work at the Winston Salem, NC RO. During my tenure there, I injured my knee while at work. Management made my time there extremely difficult, by means of lies, attempts to force me to quit, creation of a bad work record, controverting my Workman's Comp claim, & finally terminating my employment, while under a doctors care no less.

The "games" that these retards have played was unreal!!! All I wanted was medical treatment for my knee.

Everytime I addressed a concern regarding a claim folders condition, I was told not to be concerned with that, and to just "Tape It"!!? Yes, I wanted to treat YOUR FOLDER, like it was MY OWN! That's how I expect mine to be treated. Instead, I was chastized for caring.

Ironically. these are the same people , who clearly violated my civil rights, that use LAWS to decide on Veterans claims! That case, including a claim to have a lying regional counsel associate DISBARRED, is still pending in Federal District Court! I am a Pro Se plaintiff, and I'm determined to WIN!

Why I'm posting here tonight...

Several thoughts have crossed my mind, and I want to act upon it. What I'm referring to is a CLASS ACTION LAWSUIT against the Veterans Administration!

Not long ago, while surfing the web, I ran across an organization which had brought up the topic of LAWSUIT, and do not remember where or who it was. I should have acted on it that day.

I therefore, present the idea to you today, in this post.

We, and I believe I speak for the majority of you, are ALL in the same boat. The VA is in complete disarray...

*The Health care is substandard...

*The Process of resolving a claimants issue(s) are DISORGANIZED...

*RO's are overfilled to capacity, and are ready to burst at the seams (folders are EVERYWHERE)...

*Veterans files are ON TOP of file cabinets (I do have PICTURES)...

*Folders are falling apart, thus files fall out and are lost...

*Your valuable documentation is sometimes lost (attached or inserted in wrong folder)...

*Folders end up missing...

*Claims folders (in cabinets) are crammed in the drawer so tight, that destruction of folder and documentation occurs when pulled OR filed...

*A lot of Veterans issues are OVERLOOKED, (especially those that are complex), due to adjudicators being FORCED to resolve so many issues, in so much time. If they don't meet the QUOTA, they are reprimanded (this stupid procedure leads to missed issues. If they meet the QUOTA, they{THE TEAM} receives a CASH BONUS per quarter and/or year! The quota system should be ABOLISHED, and MORE PEOPLE HIRED to expedite backlog)...

*A growing majority of Adjudicators do NOT use COVERS to let others know where YOUR claims folder is located...

*Some hospitals aren't fit for pigs to live in...

*Clinics are slow to set appointments...

*Doctors are assigned to Vets, that do not specialize in a Veterans ailments, thus causing the Veteran is forced to wait 6 more months+ for a more specialized doctor (if you want to call them that)...

*C+P exams are anything BUT favorable for Veterans...

*YOUR ELECTED OFFICIALS are voting for the cut of YOUR benefits, all due to a FAILED ADMINISTRATIONS policies...

These are just a FEW examples...

NOW...THE BOTTOM LINE...

I am a WHISTLEBLOWER, and I have reported: Gross Waste of Funds, Gross Mismanagement, & Abuse of Authority, to the President of the United States, my Senator & Congressman!

My claim of whistleblowing is now defunked due to the inability to obtain counsel, & the confusion that Regional Counsel (opposition) presented.

I therefore, decided to persue this (evidence) in the EEOC case!

Anyway...

The VA is BROKE, DISORGANIZED & CORRUPT! This has been an ongoing problem for a while now. No matter how many of us complain, it DOES NOT IMPROVE. On the contrary, it IS worst!

So, where do we go from here? Congress, nor the Senate seems to give a rat's ass about the way this agency is in severe default. New appointees, PRETEND to care, but are only out to follow their budget.

So, what's left to do? My opinion??? An UPRISING is the only recourse that is left.

In the next few days/weeks, I'm going to obtain an address to receive mail. I don't think it would be a good idea to give my home address. A PO Box is more realistic for this.

WE, as Veterans, were promised assistance upon discharge from the Armed Forces. This crap that we are going through, will NOT be tolerated anymore.

I don't give a damn if you are Peacetime or Combat Veteran...a VETERAN IS A VETERAN...PERIOD!

Where I decide to have all this mail sent, my plan is, to announce it to the Media and PUBLICISE IT. In short, that's how the SH*TSTORM is going to be started. It doesn't stop there...that act is the WAKE UP call for other Veterans to address their concerns. That'll also alert the "Ambulance Chasers" to persue legal recourse.

Try calling an attorney on your own...you have a snowballs chance in hell of getting anywhere with these jackasses UNLESS you possess fistfulls of ca$h!

I'm not looking to bankrupt the VA. Just slap them back, like they have been slapping us.

ENOUGH, "IS" ENOUGH...I've "hadit"!

Just curious...Give me your input on this idea. Also spread the word to other Vet's!

Thanks!

Bruce M. McLaughlin

[Arch]

Hollywood

OWCP does not have the effect of an umbrella while it is in effect. If you were terminated because of a non legitimate reason that was in part or whole due to the OWCP claim then you have some good protection.

But if you were terminated because of another reason not related to your injury then you have no protection under OWCP unless you can show a NEXIS.

Read the CFR's as it pertains to your situation. You stated that you were already in court, which court?

You also may have rights under VSERRA, which falls into the Department of Labor.

JR, I do not understand all that you mention, Im not or ever was a postal employee. I have been a long time civil servant both DA and local County. I have seen and witnessed and suffered much of what you talk about! I too am disgusted with the "democracy " we proport to live in. I would sign or write any letter you suggest in support of this common good.

Lately I have considered the court of last resort, but still have folks here that need me

and I would not embarrass them for my feelings.

Arch

[hollywoodnc]

Hollywood

OWCP does not have the effect of an umbrella while it is in effect. If you were terminated because of a non legitimate reason that was in part or whole due to the OWCP claim then you have some good protection.

But if you were terminated because of another reason not related to your injury then you have no protection under OWCP unless you can show a NEXIS.

Read the CFR's as it pertains to your situation. You stated that you were already in court, which court?

You also may have rights under VSERRA, which falls into the Department of Labor.

Good Afternoon JR!

The ACT of applying under a "Protected Group", is in FACT an 'Umbrella', which shields you from discrimination...in THIS case Disability. It is usually practiced by means of Retaliatory actions taken against the aggrieved.

The FACT that I was terminated while under the care of a doctor THROUGH OWCP gives creedence to a disability claim...Which law though, I cannot find. I'm probably looking to hard, and I'm probably glancing right past it! I am unable to locate this in US Code. If I can find SOMETHING, I'll have the actual ammo!

Like I mentioned yesterday, I was terminated due to a "Term Expiration". That's THEIR ARGUMENT. THIS argument by the opposition is a PRETEXT to what really occured, that I was terminated with PREJUDICE for:

#1) Applying for disability benefits/Medical care through OWCP...

#2) I am a 30% Compensable Veteran protected under The Rehabilitation Act...

#3) A bad work record was created, due to my inability to perform my regular duties...

#4) Management failed to Accommodate me, even though they were aware of my disabilities...

#5) Management also failed/refused to fill out an accident report, at the time of reporting the injury.

Also consider that, I did NOT complete the so called time frame allocated to me (by personnel in Jackson, MS.), being that I was on LWOP for two & 1/2 days.

As minut as that may appear, it is STILL considered a BREACHED contract/agreement, on top of the other examples of breach! The other examples of BREACH...

#1) Contract contradicts "Welcome" letter from personnel, which states from 12/28/02 to 12/28/03 w/ benefit package...

Contract/agreement states 12/28/02 to 9/30/02 w/o benefit package (YET, I received the full benefits as per 316.301?)!

#2) Welcome letter contradicts Job posting (allowed by OPM), using the language of 5 CFR 316.401 as opposed to 5 CFR 316.301...Temporary vs. Term, respectively.

#3) Violations under:5 CFR 432.105 (4)(i)(A)&( B )(1)&(4)&©(ii)(iv) "Advance notice" et al.

At this present time 11/05/05, I & the court await a reply to my complaint, from the opposition. I'm in the preliminary stage of this @ The US Federal District Court-Middle District- in Greensboro, NC.

From what you have read so far...what do you think? Does it look like I'm retiring to a desert Island soon? ;)

Can the fact that a contract is breached, make their argument, MOOT? Like I specifically stated in my complaint, I said..."YES, I SIGNED the 'Piece of Paper'. What else was I to do? I needed the job!" & "I didn't want to make 'Waves' on my first day." I did include some personals in my complaint, so as it doesn't look monotonous. It was done tastefully, & with respect to the court (but, I DID want the judge to smile while reading a few of these comments).

[Guest Berta]

Bruce, Have you spoken to KNIGHT RIDDERer about this? They may be very interested. The other thing that can be done is have a vets and his family contact local congressmen to demand changes be made immediatly or we will start a campaign to elect someone else.? I also used to work for the VA and in My opinion, If you are not in the buddy system your out. I got out 10 years ago and found a real job.

"In YOUR case, do you recall if you had to use a multiple step procedure to establish a Prima Facie, OR was your case a "Cut & Dry"?

You are discriminated by an employer due to your disability. This is a way to establish a Prima Facie for ADA...

#1) You have record of a disability...

#2) Your employer is well aware of your disability...

#3) An adverse action was taken against you.

I can do one better...

#4) You were replaced with an individual WITHOUT a disability." from hollywood-

In my husband's case- the electric company had refused to give him affirmative action as to interview-

(he had years of experience in the field)

After a DOL complaint or two- he got interview but wasn't hired.

AFter we found their hiring of qualified disabled veterans was well below sufficient numbers finally he got hired (also he had filed additional DOL complaints as to their so called affirmative action policy on hires of qualified disabled vets)

Then he and another non disabled vet who got hired weeks after him were laid off and were told they would be considered for next job opening.

Under affirmative action laws they cannot discriminate in rehires.

They hired the other vet, a young guy without any of the experience my husband had, and he was not disabled.

Since none of my husband's performance appraisals suggested that he did not do the job well-

this became the EEOC ADA issue.

The DOL was surprised as they did not feel it had been a violation of the VRA (Vietnam veterans Rehabilitation Act) They had been holding something back......

I asked for a complete copy of all of the DOL complaint proceedings-Rod filed probably 10-12 complaints in all-

They erroneously released confidential information-

an employee had written a statement in pencil and signed it that said Rod had been violent and disruptive on the job.He couldnt imagine what it was all about. I called her up- she said she never signed anything and remembered Rod and never saw him violent or disruptive- it would have been in his record or he would have been canned.

If a disability renders an individual as a safety hazard to himself or others, the individual does not have a basis for discrimination complaint. Apparently the DOL was thinking in terms of this statement everytime they got a complaint from my husband. Yet his performance appraisals were all satisfactory.

The ADA guy called me up after receiving the ADA complaint and he had some information from us and the DOL. He said there was absolutely no doubt whatsoever that the federal contractor(the electric company)

had discriminated in the re-hire situation. ADA had no jurisdiction over the other past complaints.

The company could not offer Rod a job-in all the time this took he became totally disabled by Sec 1151 VA

medical errors. They owed him back pay back to date of the hire of the other vet but- since he could not work due to the VA malpractice, he only received wages up to his date of his stroke.

He won this case but the malpractice caused him to be unable to take the job or get much more back pay.

The VA rectified part of the malpractice after he died-

they have yet to properly rectify the rest of it - and I have claim in process for that.

It is a good example of how the VA , by virtue of crappy medical care,can alter a person's life far beyond

the malpractice.

[JR Reihs]

Hollywood

As you have posted it looks as though you are headed in the right direction.

The contract is very sticky as you must prove that you were in fact an employee, the courts have not been very predictible in contract breach cases.

You must prove that you were in fact an employee, I will try to locate a couple of cases that may help you, or at least show what you need to prove.

One thing if I read correctly is you state you received ALL benefits afforded to a Federal employee, if this is so, and you are only 2 1/2 days short of a year without any prior disipline then your case has teeth.

If you can prove that they failed to accomodate within your term your case is strenthend as you would not be expected to preform sucessfully without accomodations, and therefore shows intent by the agency on discrimination by failure or refusal to accomodate.

If the agency has failed to report your injury then you need to write the Secratary of Labor, and seek their help, and agency only has 30 days to report. This also can show agency intent to discriminate.

There are alot of things to go into on these types of claims, they are very involved and each is open to interpratation on the face, just be careful because the agency , and even the court will suprize you at any given time, and do not let the agency Muddy the waters of your claim, they will at sometime try this if not already.

You are right that by being under OWCP give you the right to file under a protected class, but believe me that this is the only protection that you have under it if the agency is claiming prior record, or poor preformance.

If you ever want to talk about this feel free to e-mail me.

[hollywoodnc]

Hey JR!

Again thanks for your help in this matter! I will respond under each paragraph.

Hollywood

As you have posted it looks as though you are headed in the right direction.

The contract is very sticky as you must prove that you were in fact an employee, the courts have not been very predictible in contract breach cases.

RESPONSE:

I in fact was an employee (GS-4), via the "Welcome Letter" by Jackson, Mississippi on January 27, 2002. It welcomed me as a "TERM" employee, with a start date of 1/28/02, with an NTE of 1/28/03, as per 5 CFR 316.301. YET, Jackson violated the terms of the CFR when they gave me the position of a "TERM Appointment" (with the language stipulated under 316.301) when they only gave me a year.

A Year or less is a "TEMPORARY APPOINTMENT" as stipulated unde 5 CFR 316.401! This CFR specifically states with NO BENEFITS.

Fact is, I received benefits.

It appears that someone in Mississippi is NOT familiar with the Code of Federal Regulations, under Title 5.

The actual RO had an NTE written in of: 9/30/02. This is an INVALID 'contract'...ESPECIALLY, when I received the whole benefit package! The 'contract' stated: "with NO benefits". They offered a "Temporary" position, YET paid the full benefit package. This goes against 5 CFR 316.401 W/O benefits, and it also goes against 5 CFR 316.301, pertaining to the length of time.

You must prove that you were in fact an employee, I will try to locate a couple of cases that may help you, or at least show what you need to prove.

Response:

Quite honestly, I wouldn't be surprised if this case is unique! This is an unusual case.

One thing if I read correctly is you state you received ALL benefits afforded to a Federal employee, if this is so, and you are only 2 1/2 days short of a year without any prior disipline then your case has teeth.

Response:

What's strange here, is on 9/30/02, my immediate supervisor "Signed off" on a "SATISFACTORY" (based on a two tiered rating system) work record. Five days later, I called in due to my knee, and explained that I wanted to make arrangements with a doctor (@ the clinic) to have it looked at for Oct. 7th. On the same day I called this supervisor, & he sent his assistant to my section, and inspected it for discrepancies. On Oct. 11th, this same dumbass wrote up a "Recommendation to not Retain", and use the discrepancy to warrant their recommendation.

HOWEVER, keep in mind that, I was OUT on AUTHORIZED MEDICAL LEAVE, from Oct. 4 till Oct. 23rd! All this crap occured between Oct. 4th to the 12th! I was also DENIED the right under Title 5 to appeal any "Recommendation"(by management) to the MSPB (5 CFR 432.105 {specific sections listed on other post})

According to the code, management was supposed to inform me of such an intent. They FAILED to do so.

Specifically, they were supposed to accommodate, or "Take my medical condition(s)into consideration" (while writing up this report)...They FAILED to do so.

This was a WELL HIDDEN AGENDA, to use the "Term Expiration" as an argument and legitimate reason for termination. BUT, with MY ARGUMENT, this is all PRETEXTUAL, with a DISCRIMINATORY & RETALIATORY ANIMUS.

Those who conducted this plan were aware of my disabilities upon hire date. The knee injury, was known on September 6th. An e-mail submitted by management no less, supports this FACT.

If you can prove that they failed to accomodate within your term your case is strenthend as you would not be expected to preform sucessfully without accomodations, and therefore shows intent by the agency on discrimination by failure or refusal to accomodate.

Response:

On September 6th, it clearly stated that I wanted accommodation. I wasn't accommodated until, I produced a doctors note on September 17th, when I paid "Out of Pocket"! They also insisted that I didn't produce doctors notes. YET a fax history depicts a different story, and if I didn't produce any doctors notes, then WHY was I allowed to take off as long as I did? Why did they accommodate me for two weeks, on Sept. 18th, if I didn't submit doctors notes?

It proves that they can't even LIE correctly! Here's an example that they committed perjury...

In SWORN testimony, one manager (the imbecile who wrote the e-mail), had stated that I said that I injured my knee doing "Yard Work". Yet, you will not find ANYWHERE, on ANY OWCP form (where they contested the claim), ANYTHING mentioning "YARD WORK" was the cause of the injury. This FACT would have been thrown in...don't you think?! It's clearly a "Red Flag"! Their ONLY statement is that the injury didn't occur on the premesis. That's it!

So, with that said, they committed FRAUD (making FALSE statements), either with...OWCP, OR the EEOC!

If the agency has failed to report your injury then you need to write the Secratary of Labor, and seek their help, and agency only has 30 days to report. This also can show agency intent to discriminate.

Response:

I already did this. In fact, I DEMANDED the Arrest & fining of all those responsible for denying me the right to file. You can imagine the response..."Passing the BUCK"! I am fed up with these agencies, and have decided to let the Judge & Jury decide their fate.

There are alot of things to go into on these types of claims, they are very involved and each is open to interpratation on the face, just be careful because the agency , and even the court will suprize you at any given time, and do not let the agency Muddy the waters of your claim, they will at sometime try this if not already.

Response:

IF, the opposition pulls a stunt with "Trick Questions", I will ask the judge if I can exercise my 5th Amendment rights UNTIL the question is rephrased!

You are right that by being under OWCP give you the right to file under a protected class, but believe me that this is the only protection that you have under it if the agency is claiming prior record, or poor preformance.

Response:

Ironically, I received a "Favorable Performance" on Sept. 30th. On Oct. 4th, the wheels were turning to make me look like I was totally incompitent. This was clearly a retaliation against me, because I called in for my knee. He was clearly pissed. Disparate Treatment, plays a role here, because there was another employee who's section was a lot WORST than mine!

If you ever want to talk about this feel free to e-mail me.

Response:

I DEFINATELY WILL! I will also submit a copy of the complaint that I submitted to the Federal court. It will open your eyes to the crap that these people performed. I think, NO...I KNOW you will be impressed!

Thanks again!

B.M.

[john999]

Even temporary employees with federal agencies have the right to file injury claims if they are hurt at work. You have to file with the OWCP . You have three years from the date of injury to file the claim. Don't wait!