Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

100% Not P&t, Work Let Me Go. Next Step Help Please.


mariorivera830
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

Ok I'm in one hell of a spot right now folks. And I don't know what to do yet.

I went to work to ask for accommodation for my PTSD and sleep apnea. They asked for medical proof and I showed them my decision letter from a few months back.

Well that didn't go as planned. I was brought in to the papermill managers office and was told that I may be a hazard to myself and others. I've been there for the past 9 years and surprisingly, the company is being really supportive of my getting healthy. Aside from being let go, that is.

I was told that short term disability that will lead to either long term disability or social security is my best option. My main concern is health care for my wife and children. And the gap of income between now and approval of ssdi or ltd.

So, aside from the 6 hours it took me to stop feeling sorry for myself, this has all ive been thinking about. So any guidance anyone can provide would be super helpful.

Thanks and have a happy Thanksgiving.

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

I'm certainly sorry that you were let go because of your disabilities.

I cannot say if that was justified or not, but a lawyer might.

There are many production related positions that can fall either way.

SSI, SSDI might be appropriate in your case. The lack of P&T status

can cause problems, but SSA uses different rules and methods than the VA.

What I can say - - -

PTSD and it's earlier labels were and are considered/labelled as conditions that

made/ might make an individual less than reliable. For instance, the government's security application forms

have contained questions that are relevant to this, and if answered in any way that indicated

such conditions, the clearance would likely be denied.

There seems to be heightened concern about this these days, no doubt due to various recent events involving workplace

violence and suicides.

More than a decade ago, I faced a similar situation, due to the side effects of what was later diagnosed as DMII.

I was fortunate at the time, in that my financial situation was stable enough that the job loss had an impact that was survivable.

VA retro eventually helped cover part of the "losses", but even so, I did end up with a significant loss of income.

Edited by Chuck75
Link to comment
Share on other sites

  • 0

My LTD was denied because PTSD was a " pre-existing" condition that a "reasonable person" would have sought treatment for earlier.

Filing for P and T is risky in most cases. But it may be an option for you.

Link to comment
Share on other sites

  • 0

"Well that didn't go as planned. I was brought in to the papermill managers office and was told that I may be a hazard to myself and others. I've been there for the past 9 years and surprisingly, the company is being really supportive of my getting healthy. Aside from being let go, that is. "

Mario , if they are covered by the ADA laws ( Americans With Disabilities Act) they might have wrongfully terminated you.

The power company here in NY years afgo tried to pull something like that on my husband.(30% SC for PTSD)

I had to wait until the date of the formal ADA enactment and then sat on the post office steps waiting for them to open so I could file his charges.

He was the first ADA EEOC veteran in NY to win a ADA case due to his service connected PTSD.

Actually the ADA lawyer told me it was the first case even from non vets, filed in NY,under the ADA..

It was not a termination but a rehire situation.

After I p[repared 17 complaints over about a 5 year period with DOL, the company finally hired him and gave him good performance appraisals.

Then they had a brief lay off and the DOL regs said he was first to be recalled, However they recalled a non disabled vet who had less experience than he did,

They offered a statement from an employee (who told me she didnt even know him) that said she had witnessed how basically he had created a hostile environment to them all.

The power co had to pay him the wages he lost for the illegal rehire process situation.

A good friend of mine ( Navy Seal) had the same problem with this company when he revealed his PTSD to his co workers. They knew he had lost a leg in Vietnam but didnt know he had an MH issue.but would not fight back for his job.( He was fired mere months away from his vested retirement status of 20 years)

Evidence I had found on thios company showed they had only hired 2 disabled vets in that 20 year period and now they had neither one working for them..

If they fell under ADA or any of the antidiscrimination to disabled vets regulations, they should have tried to accomodate your handicap.And definitely not canned you under the basis of your disability.

"I was told that short term disability that will lead to either long term disability or social security is my best option. My main concern is health care for my wife and children. And the gap of income between now and approval of ssdi or ltd."

That is good thinking there...

I used the DOL and ADA stuff to support my husbands 2 claims after he died.

His 30% SC went up to 100% P & T posthumnously due to his SSDI award solely for PTSD.But when an employer makes documented stataments that a veteran's SC creates a hostile environment...the veteran often has legal means to get their job back....but maybe better then that, to try to support a claim of unemployability that is due to a permanent and total disability.

Permanent and Total is a medical determination.

You sure might want to consider getting an IMO...they can be costly but they also can be a very good investment into the future of your family.

What is the rating for your PTSD?

Have you ever applied for and been turned down by Voc Rehab?

Have you been designated P & T due to your SCs by any other agency (such as maybe for a Student Loan waiver)?

There are many ways a vet can successfully attain P & T. Often the best way of all is via an IMO or an expert opinion from a Vocational Specialist.

The cost of those types of opinions will be worth it, if they render CHAMPVA and Chap 35 for your family , not to mention other state benefits you might be eligible for.

I dont see how PTSD and even sleep apnea can be Cured.Both of these SCs can certainly hinder ones ability to be employable and hinder their ability to sustain substantial permanent employment.

I sure hope you will seek the P & T designation.

And I sure hope you and the family can enjoy this Holiday...it pays to put the VA Crapola away from time to time....otherwise it can drive us nuts.

`

.

  • Like 1
Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Like Berta said, I think you're covered. I'd go after them. On the other side, you are much better off not working at a paper mill. jmo

pr

Link to comment
Share on other sites

  • 0

Very sorry to hear about this.

I completely agree that you should at least talk to two or three ADA lawyers and see if you have a case or not. I would talk to more than one lawyer, Because one might say no you don't have a case but then another one would say that you do. If you were to win a settlement, then that would provide some financial resources for you and your family.

You need to start keeping excellent records. You need to write down every single thing that you can remember about why they said they were letting you go. Also keep any paperwork that they gave you.

These links talks a bit about PTSD and ADA

http://www.hrhero.com/hl/articles/2008/08/01/eeoc-opinion-letter-addresses-ada-and-ptsd/

http://www.ada.gov/servicemembers_adainfo.html

Regarding the healthcare --do a Google search for "California healthcare for low income". There are some programs that you might qualify for like Covered California or Medi-Cal. A lot of these programs are changing due to Obama care. Maybe you could sign up for one of those programs temporarily. Also your workplace may offer COBRA coverage that you could use temporarily -unfortunately it's usually expensive.

  • Like 1
Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

My LTD was denied because PTSD was a " pre-existing" condition that a "reasonable person" would have sought treatment for earlier.

Filing for P and T is risky in most cases. But it may be an option for you.

I'd have fought that one tooth and nail! A person with PTSD is not usually considered to be completely reasonable,

and the results of treatment would have been unknown. Again, discrimination due to mental vs. physical disability

rears it's head.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>