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Lifeisahighway  
#1 Posted : Tuesday, August 11, 2020 3:47:07 PM(UTC)
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Someone told me 12-18 months...2 years ago that is. Anyone have any recent experience or knowledge on how long they are taking now?
frankgonzalez  
#2 Posted : Wednesday, August 12, 2020 3:20:58 AM(UTC)
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Originally Posted by: Lifeisahighway Go to Quoted Post
Someone told me 12-18 months...2 years ago that is. Anyone have any recent experience or knowledge on how long they are taking now?
Depends on where you live and what you are appealing. DC and the 9th Circuit are two of the longest waits, and some places with fewer federal employees are quicker.

Appealing a mixed case after it has been through the MSPB? A little faster. Appealing an EEOC AJ decision or FAD to OFO? A little longer.

Also, the complexity of the case can drive the timeline. A simple, clean claim/issue may be processed faster as a decision is easier and that can be closed out and decrease the backlog (ie initially dismissed due to timeliness, OFO confirmed and now you are appealing that decision? Could be very quick as the facts for that decision are easy to review and make a decision on--more than likely concurring with the previous decision). Really complicated cases...may be a while.

You should have voted Cthulu...the greatest of all Evils
Lifeisahighway  
#3 Posted : Friday, August 14, 2020 10:52:34 AM(UTC)
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Thank you! Mine is an EEOC AJ appeal - the Govt is appealing my win, and I’m guessing it is complicated...failure to provide accommodations and a question on if “Emergency Essential (EE)” duties are considered the essential job duties or not. I’m feeling relatively (or as relative as one can get with this was of a system) that the Govt is just trying to see if they can argue their case a second time, mainly because they failed miserably at trying to come up with any actual justification for their actions other than “oops, we forgot to order it”. I’m now on year 8 of my ordeal....forever optimistic to see money before Covid finds me hunkering down and hiding from all the blatant discrimination out there.
frankgonzalez  
#4 Posted : Monday, August 17, 2020 3:48:28 AM(UTC)
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Originally Posted by: Lifeisahighway Go to Quoted Post
Thank you! Mine is an EEOC AJ appeal - the Govt is appealing my win, and I’m guessing it is complicated...failure to provide accommodations and a question on if “Emergency Essential (EE)” duties are considered the essential job duties or not. I’m feeling relatively (or as relative as one can get with this was of a system) that the Govt is just trying to see if they can argue their case a second time, mainly because they failed miserably at trying to come up with any actual justification for their actions other than “oops, we forgot to order it”. I’m now on year 8 of my ordeal....forever optimistic to see money before Covid finds me hunkering down and hiding from all the blatant discrimination out there.
Cases like yours make the system look bad. I would guess at the agency as some are notorious in the EEO world for doing this (screwing up an RA and then trying to find some way to justify the screw up vs simply taking their lumps and simply not doing it again) but it is your story to tell not mine!

You should have voted Cthulu...the greatest of all Evils
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33years_here on 9/5/2020(UTC)
Lifeisahighway  
#5 Posted : Monday, August 17, 2020 9:01:16 AM(UTC)
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If you guessed the Army, I would give you a shiny new penny. They don’t know how to admit they made a mistake - even attempted to say it was my own fault because I “am a hard worker, and this overworked” myself Into a permanent disability. I’m not Kidding. I had to sit in trial and listen to a Army Colonel lie straight to my face and claim that she “had no idea” my condition was deteriorating because I was doing repetitive movements with my hands...I worked in the office next to hers, and kept showing her how inflamed my hand was.

In addition, the Human Resource GS-13 responsible for ordering it somehow got “confused” and thought I should have ordered the accommodations for myself. I’m still not sure how to explain that one - the AJ didn’t believe her either, and called her an uncredible witness. So between the clueless boss and the incompetent HR, the Army didn’t really have a leg to stand on. They tried unsuccessfully to blame the victim as their defense strategy, and since that didn’t work, they claim the AJ “made a mistake” by considering me a qualified applicant since I could perform Emergency essential duties (only required during an Actual Emergency, which was not the situation when this all occurred).

I tried, unsuccessfully, to negotiate a settlement three (!!!) separate times. The last time, the AJ (who was the negotiater) even pointed out that I would have a 1% chance to prevail - but ended up calling the negotiations off when the Army tried to LOWER their original offer because they felt I was “just bitter” and should only get $30K - $10k “inconvenience compensation” for each month I had to wait for the accommodations. Yes - that’s what they said.

I know not to count my chickens before they hatch. I realize I may never see a dime - but I’m going to take the win anyways. I got a significant non-pecuniary award, my significant medical bills, my legal fees and all back pay awarded. By the time the appeal gets decided, who knows what the grand total will be - but as it stands, it’s getting close to the $1M Mark before deductions.

All this - for a $500 accommodation order. A talk to type program, ergonomic keyboard and Foot rest. The DoD has a centrally funded accommodation program that paid for most of it. So that $500 order is costing the American Taxpayers well over $1.5M by the time you calculate in their costs for keeping this facade going. So I’m sickened by this whole thing on many levels - physically permanently disabled, living with a degenerate condition, mentally & emotionally exhausted with diagnosed depression and PTSD from this, financially drained by 8 years of mounting legal fees, and spiritually downtrodden because of the sheer waste of time, energy and money because of the Army Attitude that it’s more important to save face then do the job right. Rant over; thanks for listening!
thanks 1 user thanked Lifeisahighway for this useful post.
33years_here on 9/5/2020(UTC)
Lifeisahighway  
#6 Posted : Monday, August 17, 2020 9:06:47 AM(UTC)
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If you guessed the Army, I would give you a shiny new penny. They don’t know how to admit they made a mistake - even attempted to say it was my own fault because I “am a hard worker, and this overworked” myself Into a permanent disability. I’m not Kidding. I had to sit in trial and listen to a Army Colonel lie straight to my face and claim that she “had no idea” my condition was deteriorating because I was doing repetitive movements with my hands...I worked in the office next to hers, and kept showing her how inflamed my hand was.

In addition, the Human Resource GS-13 responsible for ordering it somehow got “confused” and thought I should have ordered the accommodations for myself. I’m still not sure how to explain that one - the AJ didn’t believe her either, and called her an uncredible witness. So between the clueless boss and the incompetent HR, the Army didn’t really have a leg to stand on. They tried unsuccessfully to blame the victim as their defense strategy, and since that didn’t work, they claim the AJ “made a mistake” by considering me a qualified applicant since I could not perform Emergency essential duties (only required during an Actual Emergency, which was not the situation when this all occurred).

I tried, unsuccessfully, to negotiate a settlement three (!!!) separate times. The last time, the AJ (who was the negotiater) even pointed out that I would have a 1% chance to prevail - but ended up calling the negotiations off when the Army tried to LOWER their original offer because they felt I was “just bitter” and should only get $30K - $10k “inconvenience compensation” for each month I had to wait for the accommodations. Yes - that’s what they said.

I know not to count my chickens before they hatch. I realize I may never see a dime - but I’m going to take the win anyways. I got a significant non-pecuniary award, my significant medical bills, my legal fees and all back pay awarded. By the time the appeal gets decided, who knows what the grand total will be - but as it stands, it’s getting close to the $1M Mark before deductions.

All this - for a $500 accommodation order. A talk to type program, ergonomic keyboard and Foot rest. The DoD has a centrally funded accommodation program that paid for most of it. So that $500 order is costing the American Taxpayers well over $1.5M by the time you calculate in their costs for keeping this facade going. So I’m sickened by this whole thing on many levels - physically permanently disabled, living with a degenerative condition, mentally & emotionally exhausted with diagnosed depression and PTSD from this, financially drained by 8 years of mounting legal fees, and spiritually downtrodden because of the sheer waste of time, energy and money because of the Army Attitude that it’s more important to save face then do the job right. Rant over; thanks for listening!
frankgonzalez  
#7 Posted : Monday, August 17, 2020 10:24:36 AM(UTC)
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Yep...I was thinking DOD as a possibility. They don't consider disability very often as they think everyone should be "fit to fight". They forget civilians aren't required to meet military fitness standards.

Heck...the new US Coast Guard HQ failed to meet Architectural Barriers Act and ADA/Rehab Act requirements when the Coast Guard moved in, and the presumption was the military doesn't need to meet those requirements! After arguing with the GSA for almost a year, they finally brought in the actual Architects who confirmed everything we wrote up! Now they have to spend 100s of thousands of $ fixing the failures that would have not increased the cost during the actual build...

You should have voted Cthulu...the greatest of all Evils
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