Federal Employees: You be the Judge

Hi,
I hope this is the appropriate forum to ask my question. As I have posted before I requested reasonable accommodation and was separated for "medical inability to perform", and have a current EO complaint for those events. Agency filled out Disability Retirement paperwork stating because they were not able to accommodate me, I was able to file for disability? Throughout the process I contiously conveyed I am not disabled to the point that I need disability or reasonable accommodations. I was separated with a Code 330 on my SF50? I am not sure if thats bad or good? The SF50 says "medical inability to perform" nothing else but when I read something online it seems to have a sort of negative tone? And I realize the medical inability to perform is a Bruner presumption and I could probably collect disability but I have more than 20 years until I would retire and I am not disabled, at all.

Here is where I ran into issues, well another issue...I filed for unemployment, submitted my SF50 and SF8 and was denied three times all with the same determinations that Army Benefits Center stated I was separated due to discipline and behavior? Throughout my 1000s phone calls to the unemployment agency I was told my agency made claims such as not turning in medical records, AWOL and breaking agency rules? This is all completely fabricated. I contacted ABC, who denied stating they provided my SF50 and my "separation packet" and told me to contact agency for a copy of my separation packet. I contact agency asking about the negative information and they deny it, stating "medical inability to perform," but won't give me my separation packet. The unemployment agency has zero reasons to make things up and because I have appealed it so many times, there is now a hearing with ABC and myself. I have since subpoena my file, along with my supervisor and EO representative to testify to dispute whatever claims is in the "separation packet". (Since it's a hearing with a judge I had the option to subpoena through the state unemployment agency which makes the whole thing seem so serious). I have all my documents from through when they separated me so it's going to be interesting to see how they explain their narrative?

I have no doubt in my mind my supervisor wrote her narrative on my separation packet or whoever it is that sends the separation packet to ABC. Maybe they assumed it would never come up ? I have no idea but it has to the point of subpoenas and unemployment hearings so my questions is this do I file with MSPB to get whatever false information removed? My concern is when I apply for employment and another seeing this it will prevent me from getting hired? If I will even be able to get hired with the medical inability to perform? SO basically my questions are besides is this normal because it seems so unbelievable to me. The EO rep investigating it told me offline she has never seen anything as bad as my claim, and I don't even need to say anything because "the documents/emails speak for themselves". So that was reassuring. and I know I need a lawyer but there are literally zero pro bono/contingency attorney so I have to navigate this myself. The system is not designed to help the employee

1. Is a Code 330 negative?

2. Can I file with MSPB can they compel my agency to remove any false claims in my separation packet?
How can supervisors Get away with this? or get away with lying in separation packet? Don't ever ever ever as for a reasonable accommodation! Had I known the consequences of needing 3-4 weeks of leave, Thank you. to everyone who has answered my questions the last few months or so. THis forum has been so helpful and it's really the only platform to ask questions and get unbiased responses. I greatly appreciate the help!

Edited by user Thursday, March 10, 2022 7:35:48 PM(UTC)  | Reason: Not specified

You've been posting these type of informative posts for some time now. You mention you have no money to retain a lawyer for OPM D.R., but I know of many attorneys that will now take your case on contingency. In any case, you have up to a year to file after separation. You mention quite clearly you are not disabled, this sounds like a situational disability claim that might make you ineligible for D.R. retirement. Why wouldn't your agency simply give you 3 weeks off for a procedure. Was it a medical procedure that you were being denied, or was it a cosmetic procedure

have contacted about 100 federal attornies and spoken to about 24, and they all have stated a retainer. My apologies for not being clear that I Have disabilities. They do not interfere with my duties. I'm hypersensitive since all this occurred, mentioning or speaking about disabilities since all of this has happened. But I meant my disabilities don't prevent me from doing my job. I requested three weeks off to start a chemotherapy treatment (noncancer). I received the denial and separation letter in less than a week, stating it was an "undue hardship". I was completely blown away by the response because I had expected a conversation or an alternative proposed. But to find out the separation packet has a different narrative makes things complicated.

Did you appeal the removal to MSPB?