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Lets Throw This One Out For You


r2rusmc

Question

I was a federal employee already at 30% when hired.

Eight years later my employer reorganized my position which aggravated one of my service connected issues resulting in my personal physician putting restrictions on me that per did not interfere with my official position description but my supervisor stated that it prevented me from doing my job and used that to terminate my employment. My official termination states that my my restrictions prevented me from doing my job. My personal physician documents that I'm fully capable of performing all the duties of my official position description.

I immediately filed for TDIU since I have restrictions because of my service connection disabilities and that is the solely listed reason my federal employer used to terminate me.

I'm as of today listed as "pending notification" but am curious as to what others on this specific forum think will be the outcome.

I have many other issues going on now to contribute so it is not just a one thing but as far as my employer is concerned it is.

Appreciate any input. Thanks

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r2rusmc,

Have you checked into filing for federal disability retirement?

Did your federal employer send you for a physical exam prior to your termination?

I would think the federal employer would be required to have a medical opinion from a doctor stating you are unable to perform the duties of your job due to your disabling medical conditions before they could terminate you.

Have you appealed your termination with your federal employer?

Google 38 CFR part 4.16 for info on TDIU. This details the requirements for TDIU.

GP

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if your job stated you could not perform all your job duty's and terminate you and your personal Dr said your fully capable of performing all your job duty's, The VA will go with your doc that is not favorable evidence to get TDIU.

That Document your Dr has stating you can work > don't take that!

if you have a disability that keeps you from doing the job you were trained to do then you need medical evidence stating so and it always helps for the Dr to say this it is in my opinion this (name) veteran can not do any type of work because of his disability!

jmo

Buck!

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  • Content Curator/HadIt.com Elder

Another option would be to contact the EEOC or the Job Accommodation Network (JAN) and ask about reasonable accommodations. You would be surprised what you might learn. JAN has a toll free number you can call and they will answer questions.

Because it was a Federal job, they have actual rules "that are supposed" to be followed, unlike private sector jobs which run rampant over disabled employees rights.

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Thanks for the replies.

There is so much more to the situation.

After I get the decision I'll explain more and there is sooooo much more....isn't there always? lol

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  • Content Curator/HadIt.com Elder

No problem. Some things are best kept under your hat until the right time.

One more thing. If you have filed for TDIU, you might also consider filing for social security/SSDI unless you are really close to turning 65.

Good luck!

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"personal physician putting restrictions on me that per did not interfere with my official position description but my supervisor stated that it prevented me from doing my job and used that to terminate my employment. My official termination states that my my restrictions prevented me from doing my job."

Vync is correct.

Federal employers have to comply with many anti discrimination laws.against disabled veterans.

ADA EEOC, and the Veterans readjustment act of 1974. I think it is all within 38 USC 2014

You have 2 ways to go.....either fight for the job for financial compensation,or re hire, if the firing was not legal,

or turn the employer's reason for termination (they would have to reveal this in detail if you file under EEOC)and also SSA would get this info.
into evidence to support a SSDI and TDIU CLAIM.


(been there done that)

We lost EEOC case against the VA on a open hiring job issue issue but won the first ADA case here in NY against the state's main electric company (re hire after lay off issue)

Although my husband had fully satisfactory performance appraisals when he worked for VA, SC at 30% for PTSD) his supervisor and a few co workers turned on him when he filed EEOC charges against an unfair hiring practice.

All of the part time vets in this VA department griped about the full time hiring situation, but he was only one who fought it under EEOC.

The supervisor and a few co workers documented to EEOC that he was crazy ,hot headed, and difficult to work with.They never fired him but this was the reason they said they hired a non vet, non disabled person for the full time open position...someone with no experience at all, but who knew the head VA cook.

Those documented statements helped him obtain a SSDI award in his lifetime for PTSD and ultimately a 100% P & T PTSD posthumous VA rating.

(there was however considerable other medical evidence that warranted either TDIU or 100%)

But FERs might be your best bet.

(The supervisor and a few co workers documented to EEOC that he was crazy ,hot headed, and difficult to work with) odd how that turned out............................

His VA supervisor, incountry Vietnam like him, had a terrible anger problem . He was far more hot headed than anyone else there.

A few years after my husband died ,this same VA supervisor called me up and told me how sorry he was for some of the stuff he put my husband through at VA, along with other workers under him.

He was very upset because VA had just put him on leave, due to his very aggressive behavior there, and had diagnosed him with severe PTSD.and was checking his stressors out.for his claim..

He had remembered I worked with PTSD vets at a VA vet center and we had a very long talk.

He told me he had never attributed any of his anger to Vietnam because he didn't want to be deemed disabled that way.

I knew the VA shrink they gave him for therapy and assured him that the local VAMC would give him excellent PTSD care.

.

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No problem. Some things are best kept under your hat until the right time.

One more thing. If you have filed for TDIU, you might also consider filing for social security/SSDI unless you are really close to turning 65.

Good luck!

If you're well under 65, Federal Employee, and wish to apply for Federal Disability Retirement. It is required for the federal employee to apply for Social Security Disability Insurance too. It doesn't necessarily mean you'll get SSDI but, that is a bridge you'll cross after a determination is made.

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I was a federal employee already at 30% when hired.

Eight years later my employer reorganized my position which aggravated one of my service connected issues resulting in my personal physician putting restrictions on me that per did not interfere with my official position description but my supervisor stated that it prevented me from doing my job and used that to terminate my employment. My official termination states that my my restrictions prevented me from doing my job. My personal physician documents that I'm fully capable of performing all the duties of my official position description.

I immediately filed for TDIU since I have restrictions because of my service connection disabilities and that is the solely listed reason my federal employer used to terminate me.

I'm as of today listed as "pending notification" but am curious as to what others on this specific forum think will be the outcome.

I have many other issues going on now to contribute so it is not just a one thing but as far as my employer is concerned it is.

Appreciate any input. Thanks

Check ADA Americans with Disabilities Act and it sounds like your federal employer was the Postal Service.

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Your ability/lack of ability to maintain substantial gainfull employement is a medical determination of fact. Your boss can fire you saying you can not do the work. This does not mean you can not do ANY job, it means that you did not do THIS job. You can be unemployed because the company shut down. That does not make you eligble for TDIU. Your doctor has to make a medical opinion that you are unable to maintain SGE because of SC conditions. Its a critical piece of evidence you need for IU. There is a big difference between unemployed and unemployable due to sc conditions. You are unemployed if you lose your job for any reason. But, you are unemployable ONLY if your doctor says your service connected condition render the average person unable to maintian SGE.

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