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qwiksting

Need Some Sound Advice

Question

Hello to all and thanks for the ones who have helped me with advice from the past..(Hoppy). I am in need of some more "bought" advice from the old timers and anyone who has been down this road. This is the situation. I was in the National Guard until 2006 when I was "administratively given a 15 yr letter for retirement". I was granted 70% PTSD in 2006. I was working at a state job before I was deployed, and when I returned I assumed my old job. When i was rated 70% for ptsd, I was sent a tdiu form to fill out. I of course didnt want to quit working,( I kinda felt it was helping me get some normalcy) nor was I laid off or fired from work. I have a super boss, who is very understanding. I have been working for this boss since 1993. I have 20 years toward my 30 year retirement for the state of Florida. My boss looks out for me as far as evaluations and what not.Even though It has been increasingly difficult to maintain at work (sleepiness, depression at times panic).Time off away .especially if I am not feeling that good. I recently had to start filling out sick leave because of symptoms of my sc condition. Which I dont mind, I have 1300 hrs or so of sick leave. I have mostly used my annual leave which I cannot exceed 500 hrs a year. Now keep in mind that my leave for sick has to be approved through my boss's supervisor. They have no idea what I am sc'ed for or even that I am sc'ed or any meds I may be on. Sertraline,lorazapam,trazadone,abilify. I am kinda leaning toward just going on and retiring on a medical disability from my job. Partly because it has been increasingly harder to stay awake,focus, and just plain depression. I have to drive quite a lot in the job that I do (company truck). The other part is I dont want to be fired. I have done nothing to justify being fired, however, my risk management department doesn't know what Medications I take, nor the issue with sleep apnea and plmd. All of this together is making a b$cth to go to work, stay alert and focused. Now the medications do make me feel tired, but they do more good than bad if that makes sense. I didnt go to work again today, just pretty much slept, but when i got up, I went to the VA to see my MH doctor. I seen him on monday and he changed up some meds, Put me on ambien and took me off quetiapine. So after I woke up, I went down to the va to see him and try and get a note for missing work. I think you have to have a drs note if you miss more than 3 consecutive days. I didnt have an appt, so I waited till he was done for the day, and thats when he saw me. He took away the ambien, so we'll see how tonite goes....I know this is long but the point I am getting at is, should I consider just retiring medically from my job? Should I go ahead and fill out the papers for tdiu?

Also wanted to add that I have a pending claim at the AMC for gastrointestinal problems, I also have been diagnosed with sleep apnea (NSC) and also impotence of organ (NSC). I havent filed any other claims because of the one that has been in the system (gastro issue since 2008) I didnt want to slow that claim down. I have an appointment with the Private nuerologist on Monday (sleep apnea/PLMD). I would like to talk with her about these other problems, and if it is possible they are related to service or SC condition.

Edited by qwiksting

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Quickstring,

Unless you employer is exempted somehow, I see a whole lot of problems for them in the area of the FMLA act in the future!! Hopefully these problems do not become your problems. I have never heard of the VA asking for copies of the FMLA paperwork from the employer but someday it will happen. This lack of FMLA paperwork is not an insurmountable problem but you need to keep copies of your leave usage statements ect. Having your employer's properly maintained FMLA records could provide you with another source of evidence for dealing with the VA.

If you are driving on a commercial drivers license, you might want to get some legal advice about driving with any medications that have "equipment" warnings on them.

I know you want to keep working (good for you!), but don't put yourself in legal jepoardy. I suspect your employer has set themselves up (by thier inaction) for the lions share of the responsibility if something goes wrong.

Best regards,

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