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Indifferent former employer

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Latest post Fri, Jul 13 2012 6:50 PM by w8n_4_2yrs. 10 replies.
  • Mon, Jul 9 2012 2:20 PM

    • w8n_4_2yrs
      Consumer
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    • Joined on Mon, Jul 9 2012
    • Posts 9

    Indifferent former employer

    I have had a CSA number for a year.  

    The employer knew of my circumstances a little more than two years ago.  They let me go a year and a half ago.  The employer did nothing to help with the FERS disability retirement application those six months I was still employed.

    I sent what I could to OPM Boyers who gave it to Wash DC and assigned my CSA number a year ago.  The employer has not sent any of the forms I gave them several times.

    I found out who the worker at OPM is and talked to the worker.  The worker stated the case would be decided by the end of the week.  I told the worker I wanted to verify that OPM received the writeup from the orthopedic surgeon and the paperwork from the employer.  The worker stated that the doctor's report which i had sent to Boyer was indeed in the worker's possession.  The worker also stated originally that everything was accounted for.  Two hours later, the worker called back to inform me that indeed the employer documents were not present.  

    The latest push to get the employer to send the forms was March 2012.  The employer's response was that the paperwork had been accomplished.  That was April 2012.  

    I was two and a half years in Iraq supporting the troops until I was sent home by the doctor.  I was not allowed to redeploy due to the medical conditions.  For more than two years the employer has known the situation and I run into walls when I ask to get the employer to send the paperwork they said they had already accomplished.  

    What can I legally do to get the employer to perform their duties?  I mention the legal so that I can stay out of trouble.  The OPM worker has a history trying to contact the employer without success.  Who do I contact to light a fire under the employer's employees?

  • Mon, Jul 9 2012 3:23 PM In reply to

    Re: Indifferent former employer

    w8n_4_2yrs:

    What can I legally do to get the employer to perform their duties?  I mention the legal so that I can stay out of trouble.  The OPM worker has a history trying to contact the employer without success.  Who do I contact to light a fire under the employer's employees?

    Sorry, but my guess is that you will have to get a lawyer to take the employer to court to compel him to complete the documents.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Jul 9 2012 3:24 PM In reply to

    • I M Free
      Consumer
    • Top 75 Contributor
    • Joined on Thu, Dec 13 2007
    • Posts 853

    Re: Indifferent former employer

    #1 yes you want to stay out of trouble!  You can contact an attorney who specializes in OPM retirement for the limited good it might do post filing, but your problem seems to be with your agency and there is not much you can do at this point. I did not like reading  the case worker said your case would be decided at the end of the week.  Generally a statement like that is followed with a denial letter. That the worker didn't have the needed documents makes me wonder even more?  Our forum legal adviser recently wrote a blog that said many agencies and former agencies do not have your best interest in mind when complying with the OPM. I too had compliance problems which were never successfully ironed out. I don't want to say anything more due to some nut here who claimed he was a Federal official launching an investigation into me.

  • Mon, Jul 9 2012 5:15 PM In reply to

    • w8n_4_2yrs
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    Re: Indifferent former employer

    I am never optimistic dealing with the government that doesn't have my best interests in mind.

  • Wed, Jul 11 2012 9:49 PM In reply to

    • toby88
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    • NY
    • Posts 16

    Re: Indifferent former employer

    w8n_4_2yrs you need to realize a few things!  First I don't think your employer has to help you file for retirement.  In some circumstances they do help but I don't think they have to.  It is your responsiblity to file the proper paperwork, get the proper physicians statement and have your employer fill out the supervisors statement.  I do think in certain circumstances, mostly related to mental illness or severe disabilty that prevents you physically from filing your own retirement, that your agency has to file for you but for most folks that does not apply.  Let me also thank you for serving our nation and though I can never know how you feel I do thank you more than words can ever express.   Now back to your issue!  I know hiring a lawyer is expensive but please don't leave a lifetime benefit to chance.  When you hire an OPM disability lawyer he takes on all the responsibility of getting the proper physicians statement and he works with your agency to make sure they provide all the paperwork on their end.  Yes it is expensive up front and their is just no way around that.  I think most charge around 6000 dollars.  But a disability attorney who agrees to take your case is likely to win.  Most attorneys won't take a case they are likely to lose so if you get an attorney consult and he takes your case you can almost guarantee you will win. But point is I think, in my personal opinion, that you need to at least consult an attorney and he can tell you in 15 minutes if he will win your case.  If the attorney says he can win then I suggest you hire him or her.  Also remember that you have only one year from time you leave employment to file your disability claim.  I can't tell you to hire an attorney but I highly sugges it.  Best of luck, Toby.

  • Wed, Jul 11 2012 10:18 PM In reply to

    • toby88
      Consumer
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    • NY
    • Posts 16

    Re: Indifferent former employer

    Also on a seperate note you need to be aware that not everyone who post on this site is a federal employee or retiree.  Anyone can join this forum which is one of my big issues with it but I don't see how that can ever change. You need to keep your case as non-specific as possible and keep your privacy intact.  The federal government has a pretty fair retirement system and some folks are just envious.  Some companies, a few state governments and the railroad have better retirements but the Feds rank in the top 20 at least.  Finally some mentally disabled folks post on hear as well and they often say things that they normally would not say were they well.   In short keep your privacy in tact with good internet security.  Good Day, Toby.

  • Fri, Jul 13 2012 6:50 PM In reply to

    • w8n_4_2yrs
      Consumer
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    • Joined on Mon, Jul 9 2012
    • Posts 9

    Re: Indifferent former employer

    I appreciate that the human resources people say they do not have to help the applicant apply for disability retirement through FERS.  Yet, I find at least two places where the rules state that the human resources MUST help the applicant.  For example, on the OPM site under the Eligibility Requirements it states that, "Your agency must certify that it is unable to accommodate your disabling medical condition in your present position and that it has considered you for any vacant position in the same agency at the same grade or pay level, within the same commuting area, for which you are qualified for reassignment."  That seems to me the agency is integral to the application process.

    Please also note that the DISABILITY RETIREMENT A Guide for Human Resources Specialists on page 5 states, "Note: The employing office must ensure the completeness of the application before
    forwarding to payroll."  Again, the agency has their hands in the applicant's business right from the beginning.

    The only reason the employing agency is not helping is because the agency is disobeying the rules, period.  There should be a remedy for people like me who have been agrieved by such negligent disregard.  Since I am not in Congress, that won't happen.  I can only remember how the former employer treated me and be glad I no longer work with such incompetent ungratefuls.

     

  • Sun, Jul 15 2012 12:32 PM In reply to

    • Kivi
      Consumer
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    • Joined on Sat, Jan 1 2005
    • CA
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    Re: Indifferent former employer

    Try a letter to your Congressman.

    How long did you actually work for the Feds as civilian employee before your injury or illness?

     

  • Sun, Jul 15 2012 1:00 PM In reply to

    • I M Free
      Consumer
    • Top 75 Contributor
    • Joined on Thu, Dec 13 2007
    • Posts 853

    Re: Indifferent former employer

    toby88:

    But point is I think, in my personal opinion, that you need to at least consult an attorney and he can tell you in 15 minutes if he will win your case.  If the attorney says he can win then I suggest you hire him or her. 

     A good lawyer will never promise you that you absolutely will win, so be warned if a lawyer tells you it's an open and shut, slam dunk case, because few-if any-cases are. Instead, aim for a lawyer who can give you a realistic assessment and who can tell you both the strong and weak points in your case.

  • Sun, Jul 15 2012 2:04 PM In reply to

    • w8n_4_2yrs
      Consumer
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    • Joined on Mon, Jul 9 2012
    • Posts 9

    Re: Indifferent former employer

    I was in Iraq for three years as a federal employee.

    I don't have a congressman as I live in Puerto Rico.

  • Sun, Jul 15 2012 7:23 PM In reply to

    • toby88
      Consumer
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    • Joined on Thu, Nov 4 2010
    • NY
    • Posts 16

    Re: Indifferent former employer

    It's amazing how folks pick up on every bit of semantics in this blog.  When you consult an attorney and that attorney says you have a very good case then read between the lines.  No attorney good or bad will paint themselfs in a corner. Why?  Because often people fail the tell the attorney the whole truth and sometimes other unforseen factors pop up.  So the best an attorney will say is sir or ma'm you have a strong case.  But in my humble opinion that kind of a statement is as close to a guarantee as you can ask for.  In short their are no guarantees in life just higher odds and better chances.  Good Day.

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