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  1. #1
    Join Date
    Jan 2015
    Posts
    10

    Default Job Offer Withdrawn Due to Applicant's Medical Condition

    My question involves labor and employment law for the state of: I live in hawaii which is where the job is located, nurse disqualified me and live in Minnesota.

    This what the letter stated, and the Medical Review Unit Supervisory Nursey who has Phd in Public Health, M in Public Health, and RN.
    "The documentation provided in response to our request for additional medical information regarding your history of diabetes, seizure disorder, and shoulder pain fails to articulate sufficient medical rationale to support conclusion that you are medically qualified....In accordance with 5 CFR 339.306, your tentative offer of employment is there being with drawn" - I provided them everything that they wanted for my medical condition. The doctors even wrote a detail report of what is going. I called medical review unit, as the my DCR officer, told me to ask them what was insufficient. Initially they did not want to tell me, so I demanded to know and it was regarding my shoulder. The funny thing those they requested for additional information 2x around, but the letter they wanted just more information on my diabetes and seizure, they did not mention to me anything about my shoulder. I called the nurse and asked what the status of my shoulder evaluation, and she refused to tell me at all. Now they HR department acting deputy director is trying to say I am harassing her employees. How could I be harassing their employees, when they are not picking up the phone during normal business. How do I know if they are not talking to another applicant over the phone at the call center.

    (a) In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to a higher level review of the determination within the agency. - They did not even allow me to have a higher level review of determination within the agency.

    (b) OPM must approve the sufficiency of the agency’s reasons to:

    (1) Medically disqualify or pass over a preference eligible on a certificate in place of a nonpreference eligible, (2) Medically disqualify or pass over a 30 percent or more compensably disabled veteran for a position in the U.S. Postal Service in favor of a nonpreference eligible, (3) Medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in areduction in force, or (4) Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Job Offer Withdrawn Due to Applicant's Medical Condition

    Do you have a legal question?

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