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Failed fitness for duty at a job


Newdisabledvet
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Question

Recently i failed a fitness for duty evaluation for a job I had for 5 years. I sibmited the exam results and my termination letter to the VA. I also submitted a letter that stated i can't handle stress from my doctor. My bipolar became to much and i was in full mania. I basically had a nervous breakdown caused by my service connected disability. My salary was 41000 as a payroll processor.

I am currently being treated for bipolar. My rating is 70% for bipolar. I applied for tdiu.

My c and p exam shows I have bad relationships with co-worker as well as the failed fitness for duty.

Will my length of employment be an issue for tdiu? Will the failed fitness for duty and termination letter help my tdiu case?

 

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Yes, it will help, but its probably not enough all by itself.  You need to demonstrate you cant handle ANY job, not just your old job.  This means you will also need a letter from your doctor stating that you are unable to maintain SGE due to sc disabilities and, maybe also a letter from a voc rehab counselor that says you are not a good candidate to retrain, that he agrees your sc disabilities prevent sge.  

If you get those now, it could prevent years or denials and appeals.  You may already have these, check your medical records and applicable voc rehab if you have that.  

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Follow broncovet's instructions and also see if your last manager and human resources will write a letter on your behalf.  These help also.  Since you have been working I would also file for Social Security.  Filing for IU with all of these means that you will have a good chance of being approved on the first go around.  If not then go to the BVA and fight.  Never quit or surrender with the VA.  

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Vetquest is right- good advice from all above.

I helped a vet friend get a little over or a little under  1/4 Million in retro, (forget how much)  from the BVA.

He had Bipolar NSC  with no comp and went to 100% SC P & T for bi polar. He had been on SSDI for bi polar for decades. The Bath VA kicked him ( and many others) out of the DOM years ago and he ended up homeless unil the wife took him back home.

He had to make the spouse his payee, which was OK.

He wanted to take me to lunch because I helped him.

But he meant lunch in Ireland. All he owed me was his friendship.

You understand that- he was in a mania state when he got the BVA award.

Bipolar is a lot to deal with.

 

 

 

 

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Newdisabledvet

You posted this earlier in another post  please stay in your same post,

posting the same questions in other post or new threads will confuse members and your post  will likely get lost.

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I read that the VA will request all my earnings from my jobs. I had a part time job i left due to issues with my full time job. I was with that company for 20 years as a part time but my sc became to much for me. 

The boss will be writing a letter as a friend because i left the job in good standing. He will explain how over the years my sc has affected my life.

What impact will the second job have on my tdiu? What impact will the letter have on tdiu? 

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TDIU and employment can be problematic- but this is a great article from Matt Hill ( vet lawyer) that will show what I mean:

https://www.hillandponton.com/tdiu-the-vas-position-on-employment-issues/

Broncovet mentioned SGE- that means "substantially gainful employment" , as defined in the article above.

The SGE regs  can also help fight a proposal to reduce.

The VA tried to reduce my husband's 30% SC comp to 10% long ago-1988-because he had begun to attend Voc Rehab as well as got a part time job at the VA ( only  because their Personnel director made an error so critical  that we complained to the Director of the VAMC, it included nepotism and the fact that she could not read the OPM tatement  that qualified him for a full time job at this VAMC,.and  we were going to file an EEOC complaint.The personnel director suddenly vanished from the Bath NY VA.😃

I wrote the NOD ( it should have been a CUE) however- I mentioned that ONE semester of Voc Rehab ( and that included accomodations Cornin g College had to make, for his PTSD ( documented) did not turn him into a Rocket Scientist and besides ,the crap job at the VAMC was only due to ( then I told them the circumstances that led to it- documented) and was 'temporary until they had a more appropriate full time opening...which never came....I gave them the Director's # to confirm what I stated.

I also used the SGE reg and enclosed them reminding them my husband had been a former Nuclear Power Plant Operator, and a PHVAC  at ETS, and those jobs were highly  substantially gainful positions, not working PT in dietetics ( where it seems they stuck the PTSD veterans.😡

AMVETS on his POA called me about 8 months later, he was at school and asked who prepared the NOD, and I told them I did. They said it was a little strong ( I dont mince words)but excellent evidence, and the proposal to reduce had been dropped.

The proposal came on 12-24-1988 and the Christmas  tree went flying out the front door.My husband was really pissed and so was I.  Still am ,when I realised it was my first experience with how incompetent the VA can be.

I Have Had many similar experiences ,since, as his widow.

 

 

 

 

 

 

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