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Disability (Rehabilitation Act)


Post your thoughts and opinions here about disability-related news topics. Members can exchange their experiences and information so to help others navigate the different programs and services available.

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skibum  
#1 Posted : Thursday, February 02, 2012 12:26:17 AM(UTC)
skibum

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Posts: 68

Is LWOP guaranteed when FERS employee applieds for medical disablitiy retirement? I have almost exhausted FMLA Dec 9 to present and it runs out March 9, right? Or does it run on calendar year?
 
I need LWOP for health insurance, but also need unemployment. Any suggestions?
 
Background:
I am a 16-year fed employee and worked for FS the past year. I am applying for medical disabiity retirement under FERS as I was placed on a PIP, accused earlier in the year of misconduct, all trumped up fabricated as a previously successful employee for 20 years. Was diagnosed with ADHD, anxiety disorder, major depression over the past several months and have been a diabetic 13 years and cancer survivor two years in remission after surgery.
 
I am a single mom of 5, and have a disabled adult son on my health insurance. I have requested light duty and was denied. Requested reassignment denied, request accomodations under ADA, no decision for months still waiting. I work virtually for another region and they changed my duty station to my home telework.
 
They are now demanding I return to the region! immediately when the leave ends!!, when my doctor wrote I can not relocate as it would exacerbate my diabetes and anxiety.
Please help. I can not afford attorney fees.
 
Also not sure about medicaid. If I get medicaid/food stamps/any assistance, and get approved disability, do I have to pay back the medicaid and other types of unemployment etc???
 
Thanks!
 
 
Meaux  
#2 Posted : Thursday, February 02, 2012 12:42:44 AM(UTC)
Meaux

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You should of posted your question on the "disability retirement" forum.  No LWOP is not guaranteed while you wait on OPM to make a decision regarding disability retirement. 
 
You state that your agency denied a reasonable accomodation but you are teleworking and that is a form of reasonable accomodation.  If they are now stopping that accomodation you should get that in writing and include it in your disability retirement package.  
 
I don't understand how you were not located in your "region" but they have requested you to report back to your "region".  
 
You can always file an EEO case for disability discimination but in my experience EEO cases take years to resolve and if your agency has dug its heels in they won't back down when they are notified that you have filed one.  The agency and EEOC will continually not meet required deadlines on answering or investigating but if you miss one deadline your case can be thrown out.   You can contact your EEO Counselor and pursue.
 
As far as food stops and those items - if you have any income what so ever it will be hard for you to apply and receive aid.  As a requirement for filing for disability retirement you are required to file for social security disability.  You can begin that process but your doctor must state that you cannot do any job where as your government disability retirement just needs to state you can't do your current jobs and the agency cannot accomodate you.  Social Security and government disability retirement can take months to find out if your approved.  So you need to be ready for the long haul of having no funds coming in and then your agency can still take action to remove you from the roles which sometimes is a good thing if your removal is due to a medical inability to perform your job. 
 
I hope this helps some. 
skibum  
#3 Posted : Thursday, February 02, 2012 1:53:42 AM(UTC)
skibum

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Thanks-will post to the right place now. I was allowed to telework from my home in lower 48 and paid my way back from AK under hardship. They have terminated the telework after 6 months claiming I was unsuccessful performance placed me on a 60-day PIP, supervisor emailed it to me and went on 3-week vacation and never discussed the PIP! When I asked for clarification and so did union, they threatened me for misconduct for asking questions! Said to wait 25 days of a 60-day PIP for supervisor to return to question him. They changed my duty station last summer when i returned to my home in lower 48 but now are stating in emails I am to report when my leave ends. ??? totally confusing. I am trying to avoid accusation of AWOL in March....thanks--and no income as of now....! very stressfull!
shose  
#4 Posted : Sunday, April 01, 2012 11:47:58 AM(UTC)
shose

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