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Office of Personnel Management

OPM is responsible for several broad categories such as employee recruitment and retention and oversees the overall federal workforce including managing, job announcement postings at USAJOBS.gov and setting governmentwide policies on hiring procedures.
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afraid_sailor  
#1 Posted : Tuesday, September 19, 2017 8:34:19 AM(UTC)
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For some reason my disability claim (PTSD from assault by shipmates with no criminal investigation when I asked for one [it should've been automatic], and a cover up to go with it) has taken a year to get assigned a case number, and had to get a new letter written by my psychologist. Now I'm waiting on a "contract doctor" to look over the whole case file (they received the reports about 3 months ago). How long does this normally take?

Due to how long it's taking here's some other things I'm also wondering about:
Is there any financial assistance available for while I wait?
Since the job I was in only has 5,000 employees most of which have "on ship"/"at sea" (US Navy Merchant Marine) all over their job description and they already denied the reasonable accommodation of telecommuting, as well as job retraining (there's a Navy Reserve base 1 hour away), is there any sort of 3rd party job placement/retraining assistance from a 3rd party that they have to legally provide? If so how do I get it?
ex-military  
#2 Posted : Tuesday, September 19, 2017 8:55:34 AM(UTC)
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How the heck were you going to telecommute for a sea-going job? That is not a "reasonable" accommodation. What kind of assault was it that caused the PTSD? Did they beat you with wrenches? Or was it simply some hazing that you couldn't handle?
SD Analyst  
#3 Posted : Tuesday, September 19, 2017 9:44:21 AM(UTC)
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I suggest you repost this in the Disability (Rehab) Act forum: https://forum.federalsou...t.aspx?g=topics&f=31

Edited by user Tuesday, September 19, 2017 10:06:33 AM(UTC)  | Reason: Not specified

afraid_sailor  
#4 Posted : Tuesday, September 19, 2017 12:49:14 PM(UTC)
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They could have me telecommute (report in) until another Navy agency wanted me to be deployed to them for a 4+month tour, or send me through an a-school retraining program where I could start fresh with nobody knowing my past.

This would be an acceptable reasonable accommodation, because any escalation would mean they kill me, as they already wet-sheeted me, slashed my luggage, and knocked me to my knees grabbed at the wrist and elbow then twisted.

Edited by user Tuesday, September 19, 2017 12:51:45 PM(UTC)  | Reason: Not specified

ex-military  
#5 Posted : Tuesday, September 19, 2017 4:58:25 PM(UTC)
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Just quit and find a new job. Clearly the weak link in the chain.
afraid_sailor  
#6 Posted : Wednesday, September 20, 2017 7:53:41 AM(UTC)
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I'll quit under disability retirement that way I get all of the benefits, and pay I would if I stayed, and if I don't I can sue for it to be covered by victims assistance under undue financial hardship.
ex-military  
#7 Posted : Wednesday, September 20, 2017 8:33:24 AM(UTC)
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I think there is more than one side to this story. I served at sea for many years. Dirt bags got treated like crap, and rightly so (though admittedly, it usually didn't get to breaking bones). Perhaps you need to review your part in this charade. Were you doing everything expected of you for your job? Or were you trying to coast and hope nobody noticed?
afraid_sailor  
#8 Posted : Wednesday, September 20, 2017 2:08:03 PM(UTC)
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Yes, the whistleblower confidentiality was broken by the agencies Designated Person, and I got disciplined for using them, and as I was demoted due to an EEOC violation (a-school equivalency for not passing MEPS, and essentially doing a navy job) then my luggage being slashed and still not resigning they escalated it to a hospitalization.
frankgonzalez  
#9 Posted : Thursday, September 21, 2017 2:45:39 AM(UTC)
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Originally Posted by: afraid_sailor Go to Quoted Post
Yes, the whistleblower confidentiality was broken by the agencies Designated Person, and I got disciplined for using them, and as I was demoted due to an EEOC violation (a-school equivalency for not passing MEPS, and essentially doing a navy job) then my luggage being slashed and still not resigning they escalated it to a hospitalization.
A whole lot not making a lot of sense.

1st, if you were demoted for an EEO violation, it is NOTHING equivalent to an a-school or MEPS anything, except an EEO violation at a-school or at MEPS!

2nd. You make a claim, but without details (You say you were punished for whistleblowing...did you contact OSC as a result?), you claim sounds a little fishy.

3rd. You initially posted several years ago and returned recently. What happened in the interim?

Edited by user Thursday, September 21, 2017 2:46:22 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
afraid_sailor  
#10 Posted : Thursday, September 21, 2017 8:05:18 AM(UTC)
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1st, if you were demoted for an EEO violation, it is NOTHING equivalent to an a-school or MEPS anything, except an EEO violation at a-school or at MEPS!
You can't discriminate against someone being qualified or not based on bad eyesight alone, and if you deny someone training based upon that bad eyesight for not being allowed to take the normal path they are discriminating against you for that bad eyesight. If the normal military path discriminated against people purely on a need for a body today then there would be no discrimination issue.

2nd. You make a claim, but without details (You say you were punished for whistleblowing...did you contact OSC as a result?), you claim sounds a little fishy.
I contacted the agencies designated person, then tried contacting the OSC when they denied my claim without a through investigation. When my attorney and I met with the agencies attorney and and named the agencies DP their attorneys eyes got very big, and pointed at half the stack of e-mail I sent out.

3rd. You initially posted several years ago and returned recently. What happened in the interim?
The processing of my retirement is taking FOR EVER to process, because they don't want to look at it (over 1 year just to assign it a case number)
TheRealOrange  
#11 Posted : Thursday, September 21, 2017 9:57:40 AM(UTC)
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Originally Posted by: afraid_sailor Go to Quoted Post
They could have me telecommute (report in) until another Navy agency wanted me to be deployed to them for a 4+month tour, or send me through an a-school retraining program where I could start fresh with nobody knowing my past.

This would be an acceptable reasonable accommodation, because any escalation would mean they kill me, as they already wet-sheeted me, slashed my luggage, and knocked me to my knees grabbed at the wrist and elbow then twisted.

Based on this post and one in another thread, there seems to be some confusion about reasonable accommodation. In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of "reasonable accommodations": (1) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for a desired position; (2) modifications or adjustments to the work environment, or the manner or circumstances under which the position is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; and (3) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities. It appears that the second category is the only that would apply to you. The first area of confusion seems to be about telecommuting. If an essential function of your position was to be on board a ship, telecommuting would not be a reasonable accommodation. I don't think anything about your situation would change that, unless something were done outside the reasonable accommodation process. The second area of confusion seems to be about being assigned to another position or re-trained into another position. While reassignment to a vacant, funded position can be a viable reasonable accommodation of last resort, it is available only to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation. If your disability prevents you from being on board a ship, and that is an essential element of the job, then a reassignment might be possible, since you could no longer do the job, with or without an accommodation. That said, you would have to be "qualified" for the new position. That is, you must currently satisfy the requisite skill, experience, education, and other job-related requirements of the position, and you must be able to perform the essential functions of the new position, with or without reasonable accommodation. You would not need to be the best qualified person for the position to obtain it as a reassignment. From your comments, and here is the sticking point, there is no obligation for your employer to assist you to become qualified. Thus, your employer would not be required to send you through "an a-school retraining program" so that you would qualify for a reassignment. That is not a reasonable accommodation.
afraid_sailor  
#12 Posted : Thursday, September 21, 2017 10:43:35 AM(UTC)
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In the Navy umbrella there are PLENTY of jobs that someone with a BS in IT is qualified for, including a civilian IT officer as the Navy (military) trains its members for their job which has to be provided if you get denied at MEPS, otherwise they are in violation of federal EEOC regulations because bad eyesight is considered a disability factor under MEPS regulations, but not under civilian regulations.

(3) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
What agency oversees S&Q (food/entertainment money+3 star hotel or better for housing) of civilians as that was one of the benefits if I reported outside of 50 miles of where my home is?
ex-military  
#13 Posted : Thursday, September 21, 2017 11:17:21 AM(UTC)
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Dude, if you have to be able to see to do the IT work, and you cant see, then you cant do the job. No amount of accommodation is going to fix that.

MY understanding of the acronym MEPS is: Military Entrance Processing Station. They process people into the military (served at one for 5 years). Are you saying you tried to enlist in the Navy and got denied because your eyesight was too poor? If so, that is NOT discrimination, and the NAVY owes you NOTHING!

How do you get from a Merchant Marine ship ass-kicking to denial at the MEPS? So confused!
thanks 1 user thanked ex-military for this useful post.
SD Analyst on 9/22/2017(UTC)
frankgonzalez  
#14 Posted : Thursday, September 21, 2017 11:26:51 AM(UTC)
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Originally Posted by: afraid_sailor Go to Quoted Post
1st, if you were demoted for an EEO violation, it is NOTHING equivalent to an a-school or MEPS anything, except an EEO violation at a-school or at MEPS!
You can't discriminate against someone being qualified or not based on bad eyesight alone, and if you deny someone training based upon that bad eyesight for not being allowed to take the normal path they are discriminating against you for that bad eyesight. If the normal military path discriminated against people purely on a need for a body today then there would be no discrimination issue.

2nd. You make a claim, but without details (You say you were punished for whistleblowing...did you contact OSC as a result?), you claim sounds a little fishy.
I contacted the agencies designated person, then tried contacting the OSC when they denied my claim without a through investigation. When my attorney and I met with the agencies attorney and and named the agencies DP their attorneys eyes got very big, and pointed at half the stack of e-mail I sent out.

3rd. You initially posted several years ago and returned recently. What happened in the interim?
The processing of my retirement is taking FOR EVER to process, because they don't want to look at it (over 1 year just to assign it a case number)

1. The military DOES discriminate based on bad eyesight. It depends on how bad. Being colorblind eliminates several job options alone. Plus, the EEOC has no authority over pure military matters.

2. Doesn't really make a difference how the agency's attorneys acted. What did the OSC say? Did they confirm your claims or simply give you a letter for the right to sue?

3. You are applying for disability retirement. This requires you to prove the agency cannot accommodate your disability in any way after you prove you have an actual disability. This is not a short process. Still faster than the EEO process if you end up in the formal process and take it all the way to a hearing.

You should have voted Cthulu...the greatest of all Evils
frankgonzalez  
#15 Posted : Thursday, September 21, 2017 11:32:04 AM(UTC)
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Originally Posted by: afraid_sailor Go to Quoted Post
In the Navy umbrella there are PLENTY of jobs that someone with a BS in IT is qualified for, including a civilian IT officer as the Navy (military) trains its members for their job which has to be provided if you get denied at MEPS, otherwise they are in violation of federal EEOC regulations because bad eyesight is considered a disability factor under MEPS regulations, but not under civilian regulations.

(3) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
What agency oversees S&Q (food/entertainment money+3 star hotel or better for housing) of civilians as that was one of the benefits if I reported outside of 50 miles of where my home is?
Were you denied entry in to the military? If so, you have no EEOC claim..PERIOD.

Were you denied a civilian job you qualified for?

You should have voted Cthulu...the greatest of all Evils
afraid_sailor  
#16 Posted : Thursday, September 21, 2017 6:40:20 PM(UTC)
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Originally Posted by: ex-military Go to Quoted Post
MY understanding of the acronym MEPS is: Military Entrance Processing Station. They process people into the military (served at one for 5 years). Are you saying you tried to enlist in the Navy and got denied because your eyesight was too poor? If so, that is NOT discrimination, and the NAVY owes you NOTHING!

The EEOC doesn't directly have say in military matters, but because the Navy provides something the EEOC is required to guarantee the same thing to those who don't pass MEPS otherwise it is discrimination. The EEOC has say over civilian matters, even if someone got denied at MEPS, but otherwise qualified.

The OSC is just an agency that protects the government (was told that by a federal employment law firm).

I'm not only filing for disability retirement, but I will be suing out for my right for justice under negligence after they grant disability payments.

I was denied entrance into the military through the normal channel but granted under 32CFR47.4, and the detailer I first had understood that it applied also.

I was illegally demoted because they denied me Merchant Marine A-school to bridge the gaps of my BS in IT when they look for Navy Trained IT (civilian if you get denied from joining the navy through the normal rout).

Quote:

If you are approved you would see 60% of your base salary for the first year and 40% in subsequent years as long as you remain eligible

Where does victims assistance fill the gap, as it will need to be heavily litigated after they grant it as there was no criminal investigation?

Quote:
There is no immediate payment available although it might be possible to collect Unemployment or 'Underemployment' depending on your State. However this sounds like a 'Situational Disability' and therefore you would not qualify for OPM Disability retirement!

How does situational disability work if you have nerve damage (bone was forming to the radial nerve after I was discharged from balboa for the humerus to heal on its own) due to breaking confidentiality by the agencies Designated Person (job title)?
SD Analyst  
#17 Posted : Friday, September 22, 2017 10:05:59 AM(UTC)
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I am confused by your postings. Are you a Federal Civilian Employee, GS-XX or another payscale? Or are you Active Duty Navy or another branch of the military? If you are Active Duty military, you cannot get a Disability Retirement through OPM. Unless you are trying to say you have applied for a military disability retirement? I work with guys who have done that. It does take a long time for them, too.
afraid_sailor  
#18 Posted : Friday, September 22, 2017 11:49:11 AM(UTC)
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I had a WM rating, not a GS rating.

I've applied for disability retirement through the federal government, and my attorney said that all I ad to prove my disability was no longer be able to work in the position I was working in, and they can't be able to accommodate me somewhere else in the agency "Department of the Navy". All of this has been well established already.
BackGdInvestigator  
#19 Posted : Friday, September 22, 2017 12:15:10 PM(UTC)

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What did you do in the Merchant Marines? Were you employed directly by the US Government or through a shipping service/line?
*DISCLAIMER*Correctly filling out your security forms will not guarantee you a clearance in 3 months BUT be sloppy and your case will be in the field a heck of a lot longer, guaranteed.
afraid_sailor  
#20 Posted : Saturday, September 23, 2017 2:06:48 PM(UTC)
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I worked under USTRANSCOM hired as an electronics technician sailing professionally on military transports carrying any supply the military would need in a war (no matter what you say a navy sailor is an amateur).
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