Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

On The Verge Of Loosing My Job Because Of Ptsd

Rate this question


60 percent disabled PTSD

Question

Is there any protection for a disabled vet against an employer terminating a vet cause he failed a test or Cannot remember OHMS Law?.....

Here is some back ground info.

I am technician for DOT and have been employed for 3 years right out of the war... I have a hard time consentrating or multi tasking but when I Organize and set everything up One at a time, I do Fine.

I was in an IED and have lost memory and parts of hearing and suffer a few other effects from it. This is all documented in my disability...I was just recently approved 60% disabled by the VA...

anyways.

I was asked to complete nemerouse courses since my employemnet with DOT and have scored sucsefully everytime except this last time..I just cant consentrate or remember everthing in the book...and I end up failing it. (I studied the book for three months)..Then my boss proceeds to questions me about OHMS LAW and I couldnt remember so then he thinks thats why I failed, and that Im not a good tech....He preceeded to threaten me with addition school work and loossing my Job if I dont pass this course...

Is there anything I can do if he takes action or if I fail the course again?...

He is also a Vet from the early 80's...wouldnt a vet help a vet? wouldnt he tell me on the side.."look I undestand your having some problems concentrating, here are some supplimental books that might help you, or even say this course isnt for you here try a different one...But no..I think he wants to get rid of me and then my PTSD starts acting up even more and I get so stressed out inside but i have no place to release my anger. Cause i would never do that at work. I just take it and push it way down where it wont ever be seen again...like that ever worked for me... I have kids and Im divorced and pay childsuport..They rely on me to provide for them and I feel helpless because of this and then i get depressed and start drinking alot...its just a no win situation if this continues,...I dont know if I should quit because its so stressfull to work with him asking me things like that..Its demening to me...I really feel abused after our "little talks". I just need some guidance and to feel more secure about my position..If there is any protection from this type of work realted tacticts on Disabled Veterans?

Thanks

Link to comment
Share on other sites

  • Answers 18
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

You know what I did when the post office fired me was to claim workers compensation for aggravation of my service connected condition. I put in for disability retirement at the same time. I actually got workers compensation until I was approved for TDIU and SSD. If the actual working conditions of your federal job aggravate your SC condition you have a shot at either getting accomdation or collecting workers compensation. It is not easy, but I did it.

Link to comment
Share on other sites

Thanks for the reply. Did you eventually get a disability retirement from the government? If I'm forced to leave, I know the amount they would pay a vested employee is much greater than social security. I've heard it's extremely hard to get for even the worst cases with readily apparent disabilities. Also, how much time was involved? I can't go for very long without at least that much plus 100% from the VA - my wife is unemployed and hasn't been able to find work for 2 years. I don't want to pull the trigger on something here without knowing what to expect. I know no one can predict the future; I'd just like to know what my odds are... Internal people are no help at all either - not that I expect them to help ME as they represent the government.

Link to comment
Share on other sites

  • HadIt.com Elder

Retirement disability from the feds is pretty easy to get. The problem being that it is not enough to live on and is fully taxable. Workers compensation is enough to live on but it is hard to get for mental condition, but not impossible. You want to start working on such a claim before you get canned. If you are under FERS you have to apply for SSDI when you apply for disability retirement. It taks a few months to get the checks rolling. If it were me I would wait until they fired me and then get a lawyer via MSPB. Unless you commit a crime you can probably get your job back with backpay. How long have you been a federal employee? The main way the feds get rid of employees is by their use of sick leave. If you can manage to show up for work they will have a hard time firing a disabled vet. They may try and screw with you but to fire you I think you have the MSPB avenue. Do you have any kind of union?

Link to comment
Share on other sites

I'm not in the bargaining unit. I have just under 19 years (was on active duty for 5 years, then civil service, then activated 4 years when disabilities occurred) creditable service. My sick leave is constantly being used for appointments, illness, etc. and my annual is about the same. I've managed to work comp time as I can, then burn it first but the migraines can last for 3 - 4 days. Also, the VAMC I go to is a day trip and I go monthly. I at least earn 8 hours a pay period. My job performance has been great - they put me in for employee of the quarter. It's just the pain and other issues that keep chipping away at my leave, and my request for reasonable accommodation not to travel as it aggravates my issues. I'll put it this way: I had to take a trip (3 hours in the air) 2 years ago, and ended up on pain meds and other meds for a severe migraine for the next two days. Missed the conference that was SO important, and don't remember much of anything else. If one of my coworkers hadn't had the rental car on his orders, I wouldn't have had any other way to eat except delivery pizza. The trip home was worse - pre-medicated, and anxiety over what would happen when I got home. Same story: had to take three days to recover. I don't drive more than an hour at a time per my doctor's instruction, and don't fly at all. If my family doesn't come to see me (I live several states away), I don't see them at all. When we travel as a family, my wife does the driving. I just can't seem to get it through my bosses' head that the request I made in writing has to be responded to within 20 days. He just pulled me aside and had an informal conversation: "I can't guarantee you won't be asked to travel". That tells me I have to take my request to the next level, which changes the game around here. As a prior fed, you know what I mean. I now have to go to our HR function with a set of letters and will probably have to spill all the beans about all conditions - then people will start to look at me funny (not in a good way, it's a small organization). Can't wait for that to happen...

Sorry for such a long response. I'm at my end of frustration, can't afford to lose my job and am not getting local support. I've gotten to the point that something has to be done formally, or I'll have to risk not complying with the requirements in my PD. Then I'm screwed.

Link to comment
Share on other sites

I Know what you are going through...I worry about them firing me all the time...I am still fighting with VA over my PTSD but am 10% for another factor.....But I miss a lot of work.Between appointments and being not able to function my sick leave stays low......Last week I had to leave on Thursday at lunch because I felt horrible, missed Friday and again on Monday.......This was all caused by things I am trying to get rated for or as a result of side effects from the medication that the VA psych has prescribed to treat my Major Depression and PTSD that she has diagnosed me with that the claims side keeps ignoring................I have decide not to worry about it...If I am terminated then I will file for TDUI and workmans comp...Plus being fired may help my PTSD claim....So now I take it ONE DAY at a time..If I am hurting so bad I can't function oe so groggy from my meds that it is dangerous for me to drive I will stay at home and let things fall where they may........Like someone else on here told me...We are broke, don't try to be hardcore strack trooper anymore....Make the VA see that it is effecting you and your ability to function normally...

Link to comment
Share on other sites

AMEN to that. I'll call my psych as well and see what he can do. I'd prefer not to lay it all out on the table, but if I have to, I will. They can stick me in a corner - I'm not looking for a promotion and won't see another increase for 3 years other than the jesture they make for cost of living increases. Thanks for the advise. Keep me posted on how you're doing as well.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use