Saw my SVO about IU form

[Wanderer]

In my decision letter, they mentioned UI was deferred because I have not submitted the proper form (is that an indication it's sorta pre-approved?). So, I went to my SVO for help to fill it out but she gave me the forms for my past employers. Said to have the HR departments of my 7 jobs fill them out and mail them to me. 
Is this standard operating procedure?

[Wanderer]

8 hours ago, john999 said:

Did your last employer fire you for cause or did your resign?  

1

Thanks. I left in disgust with their refusal to give me accommodations after two different Dr letters. I can't say what I did in response if you know what I mean. I expect they'll toe the line on the paperwork.

I already have SSDI for this memory, confusion problem, so I think that's established. And many of the bipolar symptoms the VA uses including exactly 5 different ones I have exhibited, 2 of which, are memory loss and confusion.

Edited January 28, 2019 by Wanderer
add "I have exhibited"

[Berta]

". I left in disgust with their refusal to give me accommodations after two different Dr letters."

Those 2 letters are part of your proof. Part of, not all that you need.

If an employer falls under the ADA ( They have to have this ADA EEOC  info posted in their Main access to the job site)and if these were reasonable accommodations, you might have a basis for an ADA EEOC complaint.

My husband won the first ADA case here in NY.1993

In another case- he had against the VA, -he could prove he had asked for reasonable accommodations to the VA job- a job which he got only, because I told the VAMC director to expect an EEOC case on another issue..with resulted in the firing of their personel manager, who could not read his OPM letter stating he was qualified for the job he had actually applied for.

Oddly enough those accomodations he requested became some of the evidence for my wrongful death tort against VA .(FTCA settlement 1997)

 

[broncovet]

If you read the M21, you will see that your (past) employer failure to send in the form, is NOT a legitimate reason for VA to deny IU.  Think about it:

Many employers fail and go out of business, so there is no place to even send the form TO.  Is this the Vets fault, that his last employer went broke?  Gee, many if not most of the banks over the past 20 years failed..so if you worked for a bank, should that mean you cant get tdiu??  

I worked for a company that failed prior to getting tdiu...Brinks Home security.  They are no more.  I think many of their customers eventaully went to ADT, a former competitor.  

And, you dont have to have 6 past employrs!!!!  Many people do not have 6 employers in their lifetime.  My wife was one.   I didnt have 6 employers, either.  I had probably 50 instead.  People simply dont understand how critical it is to be able to hear and communicate to get and keep a job.  Not understanding directions your boss gives you, because the workplace is often noisey, often leads to job termination.  Think about it.  If you did not speak English, where would you get a job?  Virtually every company needs employees who communicate (in English) well.  I hate it when I call technical support, and the technician is not native American as I cant understand what he or she says.  If you could get a job (without being able to hear) its probably making beds in a motel or picking fruit.  Virtually all jobs require the ability to communicate, this is why "English" is required for both high school and college degrees.  Someone who has poor English or poor communication skills almost never succeed.  How many deaf people work at VA?  Oh, they may have one or two to mop the floor.   Ditto for almost every company.  

She had 3 employers her whole life, all 3 failed!!  She worked in a hospital, it failed, she went to another hospital and it failed.  

Her last hospital is now being torn down!!!   Should she be denied TDIU because the hospital industry is experiencing mega mergers with all the smaller hosptials squeezed out of business???  

My advice is to send the forms to your past employers for the past 5 years.  Then dont worry about it!!  I was approved for TDIU, and my most recent employer is in my cfile marked "return to sender" no such company exists.  

Edited January 28, 2019 by broncovet

[vetquest]

People very rarely have more than six employers.....I did and that was a signal of PTSD.  It seems when you are in multiple jobs for six months or a year you are the problem.

[Wanderer]

I just filled the 21-4192 and where it asked when did my SC disability begin to affect my employment and I answered 1980 when it began. Got kicked out of the NAV due to mental health reasons according to my DD 214.

I must have had at least 30 employers. My last 5 years reflect gross underemployment. I had to leave Vegas and relocate 800 miles and endure 6 months of low pay just to get the right-paying casino dealing job.

On 1/28/2019 at 3:56 AM, Berta said:

". I left in disgust with their refusal to give me accommodations after two different Dr letters."

Those 2 letters are part of your proof. Part of, not all that you need.

If an employer falls under the ADA ( They have to have this ADA EEOC  info posted in their Main access to the job site)and if these were reasonable accommodations, you might have a basis for an ADA EEOC complaint.

 

 

Proof for proving I was disabled for IU? Should I submit them with the 21-8940?

I successfully sued a Vegas casino for violating my rights under the ADA. Tried to sue these birds, too, but the EEOC hack who took my application fouled it up for me. I may revisit that, for I suffered horribly under them and have proof my boss lied to HR about my schedule making me look like a no call- no show, a fireable offense, so I had no interest in returning. And I did file within time... 

[broncovet]

Yes.  The 21-8940 is required, as is proof of unemployability.  Send them in.  Some employers "do not" want to give reasons why you are no longer with the company.  Mostly, they dont want to be sued, so are as vague as possible.  They often do not give the real reason.  An exception is if you failed to show up for work.  They will usually say that.  How is it the employers' fault if the employee fails to show?  

Dont expect the employer to say that you were fired because of a sc disability.  THAT will almost never happen, and absolutely shouts "lawsuit", so it will be avoided almost every time.  Still, your ex employer "may" give you good evidence.  Example:

Employee Joe Smith took too much time off for what he called doctor appointments.  We needed him and simply could not do without him 3 afternoons per week for treatments.  

Sometimes an employer will let you know if you are "unable to perform" the duties of the job.  An example may be your job may require lifting 50 pounds.  Your doctor, if you had some types of surgury, may give restrictions where you cant lift 50 pounds.  If your employer does not have a position available that does not require you to lift 5o pounds, then you could be terminated for inability to do your job.  

In this case, they can blame your doctor, especially if its a job requirement you be able to lift 50 pounds.