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Job Loss Due To Sc Illness


Mark

Question

I am in the process of losing my gov job. I have been with for just under 3 years (Feb will be 3 years) and my below listed service connected illness issue are greatly impacting my ability to work and keep my very highly stressful job. Looks like they are about to move on me and put me on a admin program. Anyone out there have any suggestions? Are there any protections for 100% disabled vets? I am a 10Pt vet when I was hired and they knew that when they hired me. I am 100% scheduler. I am with DoD. Thanks.

R/

Mark

I am 100% for the following issues:

50% for sleep Apnea

50 migraines

50 major depression

30 shoulder

10 traumatic arthritis

10 traumatic arthrits

10 condition of the skeletal system

10 tinnitus

10 sinnusitus

10 upper respistory condition (asbestos)

10 skin condition

10 knee

10 knee

0 hypertension ( on medication from the VA))

0 acid reflux ( medication from the VA) diagnosised with a hialated hernia

0 scar

PTSD deferred

pending Migraine Blindness and Fibromylia.

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"Are there any protections for 100% disabled vets? "

Yes- it is called the ADA-

My husband filed the first ADA claim in NY as soon as the law was signed and won the first ADA claim in NY state- as a disabled veteran-

http://www.eeoc.gov/facts/qanda.html

If you believe that your employer DOD - if they lay you off or can you- is discriminating against you by virtue of your disability-

you can file a charge with them-

A federal employer has a specific set of regulations that must be followed when an employee files a charge like this-it is usually handled internally until at some point an EEOC charge can be filed-

DOD regs and employment info on this should be posted visibly at your work place. They should have a clear statement posted as to their non discrimination policy of disabled, handicapped, veterans, and minoritys.

If they dont have this info posted, they can be fined- they surely have this posted.

It should state the contact person you can reach if you have a discrimination complaint.

If the employee however can somehow find that you are a danger to others in the workplace- that is a way that they can get around this law-

There was a famous ADA case years back. It involved a blind librarian.

It seems odd that a blind person would be a libraian however, this woman could do the job with or without accomodation.

She got fired and the library said she was a danger to others as she could not see and they stated many ways in which-by not seeing, she could leave shelves open or stuff on the floor and others could get hurt-

I am pretty sure this failed and that she succeeded in her suit. I do not think the employer had any evidence at all that she had caused anyone to get hurt.

Mark- at some point- you might need to consider that your disabilities are making work very difficult-

you might want to consider being paid while working at home.

Or even shorter hours-

I commend you for working with so many disabilities.

If the DOD starts to seem to take action to your detriment, you might ask them to make a deal- give you an alternative position at work- and accomodate you in any way they can-

if they do attempt to fire you and your work is satisfactory (hope you have all your personnel records)

then start the complaint procedure against them.

The poster on the job will state the specific regs-

and the link does too- I think-

Also if your local employment office has a DVAAP representative, they could give you some direction too-

maybe- the DVAAP guy here in NY didnt know diddly when my husband sued under the ADA.

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  • HadIt.com Elder

a while back the Post Office went after all the disabled vets in the town where I worked, unless the vet could bring in a doctor's statement stating that the medical problem would not prohibit them from carrying out the duties of a letter carrier, then they let them go, if you had missed more than 3 days in the previous year to deal with your SC disabilitites, they came after you. As far as I know they all went out on medical retirements.

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Wish the USPS would let me go on TDIU!

About the loophole that allows an employer to get rid of you if you may be dangerous to others...

When I was upgraded to 90% I asked my union rep about filing for disability retirement. I can trust him and said something about a small note in my records concerning HI/SI, asking if that would expedite it.

He told me they had me boxed in - that they would escort me off the grounds, only able to return when I had a doc's note that said I was completely healed.

He said that in no way would they put me in any status that would allow me to retire - just starve me out!

I have given some thought to sending a written notice to the new plant manager. My records haven't been updated since I was hired as a 10 pt. 20% vet 17 years ago.

Do you think I should submit some documentation and make them aware of my current 90% rating?

A disability retired vet from Portland was talking to me from his table at a gun show a few years ago and said they had let him go in a sweep of vets with high ratings.

My first glimmer of IU was guickly crushed out - still wish I could get out of there! STREEEESSSSS!!!!

Gary

90%:

70% Mdd/PTSD

50% hearing loss

10% tinnitus

10% L knee injury

10% L knee degenerative osteoarthritis

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  • HadIt.com Elder

gee all I did was promise the supervisor I was going to kick his you know what up the road to the freeway if he ever left me alone on the back dock when I was having a heart attack ever again. He called the postal inspectors and the postmaster and wanted me fired, after the postal inspector asked me if I had threatened him, I told him no it wasn't a threat it was a promise, I wouldn't leave a dog alone having a heart attack let alone a co-worker, when he went in and asked the station manager if he left me alone when I was having a heart attack, every one in the building could hear him telling off the station manager, needless to say I was sent to see a shrink for medications lol he wanted me gone and he couldn't do it. I finally walked out on my own terms.

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:P I'm pretty sure that the letter my previous employer wrote for me, was instamental in getting SSDI benefits.

It envolved an off the cuff remark to my supervisor that he better watch out, he didn't want me to go postal on him. It was supposed to be a joke, something said in jest and not supposed to have been taken serious. I guess the supervisor thought it was time to get rid of me, he was running out of things to blame on me to the owner, i guess.

The owner had me go see a shrink and I tried to explain that I was only joking, but I guess he wasn't so sure. After three days off to rest, I returned to have my pay check and severance package waiting for me. It was later when I asked for a letter explaining why I was let go, that the owner explained that the Psychologist wouldn't sign a reliese that I wouldn't go postal, so he had to consider the safety of his employees over whether or not I was OK and not a risk.

I still think that the SSDI claims officer must have taken the letter serious, since the way in which I was discharged from the service kind of made them stand up and take notice. I'm sure they didn't want their office to be the one that sent a crazy guy back to work, who might actully go postal, given the right circumstances. LoL B) and I ain't even rated yet as being a nut case, go figure. :o

Jim S.

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