Page 2 of 2 FirstFirst 1 2
Results 11 to 20 of 22

Hybrid View

  1. #1
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against on Disability

    Quote Quoting Disagreeable
    View Post
    Orthopedic doctors do not certify patient with seizures. Neurologists do. They also do not specialize in diabetic diagnostics though it can be a part of the testing they do. So when did the neurologist declare you seizure free based on 2 EEG's about 6 months apart?
    I think there is a mess communication here, I saw an orthopedic doctor for my shoulder, neurologists for my seizure, and endocrinologist for my diabetes. Yes I been seizure free for last 5 years, I was diagnosed with seizure disorder when I was 18. Medical review unit wanted for past 5 years, I am currently 29. They also wanted hospitalization records regarding my seizure relating to the past 5 years, but I never been the hospital. EEG and head scan was all normal, until finally we found out was related to my low blood sugar. I would not be allowed to drive at all if I had actual seizure, like some where it can happen at any time.

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

    Default Re: Being Discriminated Against on Disability

    Your recourse is to follow the appeals process. Note that you are not guaranteed a win.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Being Discriminated Against on Disability

    If you appeal within the agency and they still deny you, you can seek recourse through the OPM to determine the agency acted properly. In your case mustang360 it appears they are erring in their determination. By contacting OPM, you can get their judgment reviewed for accuracy of statute application. If OPM finds in your favor, such a judgment can be used to obtain a similar position there OR as a response to a challenge by another agency for a job you apply for that is comparable. It appears you simply have elemental poisoning.

    http://www.urbandictionary.com/defin...=governmentium


    § 339.306 Processing medical eligibility determinations on certificates of eligibles.
    (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.
    (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 a reduction in force, or
    (4) Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Being Discriminated Against on Disability

    They made an evaluation based on the needs of the job and the documentation provided. That is not discrimination it is interpretation. You can dispute their interpretation with the OPM.

  5. #5
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against on Disability

    I am confused, cause I work for the federal government opm doesn't do anything. Tell you go to the agency, opm just sets policy. There is no to talk to at opm.

    - - - Updated - - -

    thanks for everyone : )

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Being Discriminated Against Based on Disability

    OK, then you are not being discriminated against. You were denied based on their interpretation of Federal Regs and you must appeal to the Office of Personnel Management. per 5 CFR 339.306.

    http://www.law.cornell.edu/cfr/text/5/339.306

  7. #7
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against Based on Disability

    Thanks cbg I appreciate : )

    - - - Updated - - -

    Over the phone they stated it was about my shoulder after sending the disqualificational. The stated there was conflicting information on shoulder. This is absolutely not true at all. I have my doctors letter to prove it. They did not tell me to send additional information on my shoulder the 2nd time around. If they needed more information why did they not tell me at all, when they mention to me in the 12-19-2015 letter that need to see my diabetes and seizure records.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Discriminated Against Based on Disability

    This does not change your options, and it does not necessarily indicate illegal discrimination.

  9. #9
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against Based on Disability

    So its most likely retaliation for calling periodically to check on status of my shoulder which they refused to give me.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Discriminated Against Based on Disability

    But that is not illegal retaliation.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Denial & Appeals: Appealing Disallowed Disability Insurance Benefits Based on Missing Information
    By camelman in forum Employment and Labor
    Replies: 1
    Last Post: 09-09-2014, 09:49 AM
  2. Hearings & Appeals: Appealing a Disability Benefits Denial Based on New Medical Test Results
    By baffled_by_bs in forum Social Security Law
    Replies: 5
    Last Post: 07-27-2013, 11:25 AM
  3. Disability Benefits: Why Can't an Adult Get Disability Benefits Based on a Childhood Condition
    By Birdcrazy in forum Social Security Law
    Replies: 7
    Last Post: 12-31-2012, 06:25 PM
  4. Discrimination: Discrimination and Harassment Based on Disability
    By ahulette83 in forum Employment and Labor
    Replies: 3
    Last Post: 03-31-2010, 02:35 PM
  5. Health Insurance: Cobra Extension based on VA Disability
    By Terry Lawrence in forum Insurance Law
    Replies: 1
    Last Post: 02-02-2006, 07:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources