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Postal EEO Forum

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11544
Me
12-22-2014
08:01 AM ET (US)
Salt Water Taffy... I swear since the enconomy went downhill, every organization/store/government is trying to get any money they can from us... I never minded giving but lately everytime I go to a grocery store someone is outside with their hand out.. I'm sure it's not just me either... Ya, I hear California state is really hurting for money and i'm sure they are trying everything they can to get it... Health is the greatest treasure, I sure wish I had mine back, I would be working and not fighting to keep my comp payments... these organizations act like we want to be disabled..

I hope you and your family also have a wonderful Holiday also...

I never wanted to be rich but I sure wish I was so I never have to deal with PO again....
11543
Salt Water Taffy
12-21-2014
08:27 PM ET (US)
Next part:

For benefits in written communications with the claimant"

So anyway, that only took like forever typing that up with one finger...ha ha. There was no paste feature on this message board thing on my end!

ME they will stop at nothing. Maybe when I'm. Dead, they will get it.... I doubt it, but it was a nice thought for one split second.
You and your family have a wonderful Holiday together, and keep in mind something my father always told me. Your health is the greatest treasure you have, so with that being said, take good care of yourself. ( of course he told me it when I was 20, and pretty healthy..lol it didn't mean to me then what it means to me now)

(((((((((((((ME)))))))))))) thanks for answering!!
11542
Salt Water Taffy
12-21-2014
08:20 PM ET (US)
Thanks ME for the encouragement. I did everything. Okay true I am not the most loved person in the city. I am challenging the city raising the assessment of the houses, so I'm kind of suing the Mayor, the Board of revision of taxes, etc. as an individual who owns a house ( we changed the house over 3 years ago into my name) I put on the deed my children's three names in trust for" in case I die. This way nothing like what's happened to us I. The last 28 years won't happen to them, by what the USPS did to us. My youngest is still single, and I want to. Make sure she has somewhere to live if she ever needs to have a place to do so. Well there are propositions in California which allow a mother to transfer to a child or grandparents to grandchildren without ever raising the assessment until the house goes on the market and sold. Crazy as it is, I n this a States Constitution under taxes, it says that this state can incorporate other states lanes. Plus, being disabled, and the fact my father bought the house 44 years ago, this is what he wanted , me to live here, and to pass the house on to my children, although he died 33 years ago. They ( whoever they are) think in their feeble minds if they can stick my. Mother into a nursing home, that they can not only take her money , but there is a law which allows the state to take back anything that person transfers in the past 5 years, and force the senior to sell it to pay for their care.

I am going to put here what the Social a Security said in the decision by the Administrative Law Judge. It was decided on November 28. The woman who cut off my benefits at SSA is an employee there like 37 years.

"The case is before the undersigned on a request for hearing..The evidence of record supports a fully favourable decision; therefore no hearing has been held.
The claimant was previously awarded Supplemental Security Income benefits after she filed for benefits in 1999. On December 17, 2013 she was contacted by the Social Security Administration for Eligibility of benefits. It was requested that she phone into the office at a specified date and time for a redetermination interview. The claimant phoned in prior to the scheduled date of her interview and was unhappy with the result of the conversation. She then Requested that all communication
Be in writing and did not phone in at the time of her scheduled appointment. She Requested no further communication over the telephone. She provided information in writing to the field office regarding her finances. Nevertheless, it was determined that she was not cooperating with the field office, and her benefits were terminated as a result.

DEcISION
The undersigned finds that the claimant made a reasonable request to have all business conducted in writing and made at least some effort to comply with the field offices request for updated information. The undersigned instructs the field office to conduct all further business with the claimant in writing and to conduct the review of claimants eligibility
11541
Me
12-21-2014
02:57 PM ET (US)
Salt.. your are tough, don't let them intimidate you.. Intimidate them.. Say as little as possible to them...
11540
Me
12-21-2014
02:54 PM ET (US)
Salt Water Taffy.. Sounds like your mother just had something like a bed sore, which is not uncommon... I would talk to your mother, if she didn't want to go back it probably was because they were questioning her.. Can they just go into her place without her permission??? I wouldn't let your mother alone with this person, she can intimidate her.. I wouldn't explain any of MY actions to this woman either.. I would tell this woman you are your mother's guardian (maybe your mother can sign something in regards to this) and if she has a problem talk to you about it.. I would also tell her that you consider this harassment, document that with a witness (maybe your neighbor) and if she continues you will file charges against her... Better yet you can put it in a letter to her... This shows you are pre-warning her.... Your mother is 96??? She needs protection from these people.. Especially if she has any property/assets.. they will put her in a home and take what she has....
11539
Salt water taffy
12-19-2014
07:22 AM ET (US)
ME --- they have just gone too far this time! After winning a decision by an SSA ALJ a few weeks ago, where he instructed the SSA that they have to put everything in writing in relation to my benefits because of my disability, and basically said they had no right to cut them off for their reason of my failure to cooperate, this is what happened next! My mother, who is 96 and is in. Pretty good health, we took her out to dinner for her birthday less than a month ago, and she stopped driving maybe 8 months ago. She was having pain in her lower back, well it's no wonder, one of her doctors told her to sit in the chair to watch tv, so she is always in her chair. So we take her to the doctors, they said she had an. Infection, they prescribe an anti biotic, and try to order someone to come into the house to treat her. I told the woman/ nurse practitioner face to face to just give me a referral, and I would take her to be further treated. So I get the referral to a wound Center. What I don't get is if I took her to the doctors to begin with why the h..l didn't they treat her then?

Okay, so I take her to a hospital outpatient treatment wound Center. She gets treated, and we make an appointment to come back the next week, which we do. The nurse was quite surprised how attentive she was, and that she knew every milligram of her medication. The nurse believed that she might not even need to come back. Here's what happened. I come home from the second time we went to discover that the deadbolt upstairs where my mother resides was unlocked. The only reason they didn't get in, was because there is a chain and lock above it which I made sure was secured.

That's just the beginning. My mother didn't really want to go back again, which is weird and I wonder if they said or did something that made her uncomfortable. Additionally for the first time they called up a few days before to make sure she kept her appointment, which raised suspicion, because if they knew we would all be out of the house, was someone planning to try to get access to the house again? So she didn't go.

About two days later the home phone rings, an unlisted number. The person calling wanted only to speak to my mother, who cannot hear on the phone because of her two hearing aids. The woman stated she was outside the front door! I freaked out. I was like WHAT? We live in the bottom level of the house, ad have a separate entrance. I took my iPad and went outside. Taping this woman. She comes down to the door downstairs and expected entry into the house, actually she demanded entry into the house using a business card. She had no ID on her, no badge, no warrant, no subpoena. She was from Philadelphia Community of aging like the protective services for adults and basically was accusing me of abusing my mother! This is the icing on the cake. We were going to call the police, but we got into this escalated argument, and I told her she was NOT coming into the house! Ssa I swear has been trying to find ways into this house via my mothers health insurance for the past 8 months. Then, the next thing she wanted to do was to have a meeting with my mother, just her and my mother, no one else. Not me, not a police officer, not an attorney. Who in their right mind would ever allow that? I have contacted the district attorney's office, filed a police report, and am petrified due to this litigation what they are planning to do next. This woman will not stop. She has called here a few more times. Even when I'm out. I even sent the b..ch pictures of my mother when we just took her out for her birthday, eating mussels at another restaurant. My mother has her own facebook page! I can't take this anymore. I am so unbelievably depressed! My next door neighbour said when I told her this : a Wow! The thing I admire the most about you and your husband is how well you both take such care of your mom" I told her I was disabled when she first came to the house. I even sent pictures of the decision, and the living room and dining room.

I know they had something to do with our dog dying, when we left her with the kennel to go out to colorado to go to my daughters baby shower, because the kennel had not fed her like I instructed them to, and when we got back, the food was still in the bags we gave them. The idiots fed her only the wet food instead of mixing the wet with the dry, so after being sick when we got home our dog of 12 years died a few weeks later! Now I have to worry that someone is going to try and take my mother away when I go to the store? This is real good for my non-physical disabilities let me tell you!
11538
KIMMIEKPerson was signed in when posted
12-03-2014
11:28 PM ET (US)
 about the Pittman Class action which used to be the Edmond Walker class

How long will it take for me to receive my settlement award?

Settlement Award checks will not be mailed out until 300 days or longer after the Notice of Final Agency Action and Claim Form and Releases are issued, depending on whether an appeal or federal court complaint is filed that challenges the validity of the Settlement. Again, this process could take years.
11537
Salt Water Taffy
12-02-2014
08:20 PM ET (US)
Thanks ((((ME))))))) wishing you and yours well, too! Jeanne...sorry you misunderstood my message. One of our children, her husband, and our new granddaughter who We have never seen (2 months now) are 1,700 miles away. One daughter, her husband, and our new and first grandson (7 1/2 months old) are 3,062 miles away. Our other daughter is 3,400 miles away.

...But for the wrongful conduct of the United States Postal Service....our family (unlike the desire I set out for our family's goal to remain together) are all separated!!

Jeanne...sorry about your incident in past Christmas's with the USPS, but I certainly get it. Will be praying this one is much much better!
11536
Jeanne
11-27-2014
08:02 AM ET (US)
At one point I live 2 miles from the post office.
I was single my daughter was 14 I volunteered to come in and do the express on Christmas so nobody else would have to. I was going to bring my daughter with me and we knew everyone in town.
Seven mailman threw a fit they acted like I was taking money out of their mouth.
Some people will like to work on the different holidays.

Our office has a lot of diversity and so people are always celebrating one thing or another.
I'm sorry you have to work especially if you don't want to.

I hope they hold the demo far you go and you have a great Thanksgiving I hope you have a good year:

Sent from my iPhone

> On Nov 26, 2014, at 9:21 PM, QT - Salt Water Taffy <qtopic-35-gpw3WiCzYXzg7@quicktopic.com> wrote:
>
< replied-to message removed by QT >
11535
Me
11-27-2014
07:09 AM ET (US)
Salt Water Taffy.. Happy Thanksgiving to you and your family also.. I pray things will change for the good for u.
11534
Salt Water Taffy
11-26-2014
10:21 PM ET (US)
Happy Thanksgiving to all the Postal Workers who deserve this day to spend with their family(s). :)

Wish things could have been different to have enabled us to have spent Thanksgiving with our children :( ....one day!
11533
SlingshotPerson was signed in when posted
11-22-2014
09:31 PM ET (US)
U.S. Department of Education Prevails In Case Where Employee's Disability Discrimination Charge Was Not the "But-For" Cause of the Department's Denial of an Official Accommodation

The U.S. Department of Education has prevailed in a case where a federal district court ruled that an employee's disability discrimination charge was not the "but-for" cause of the department's denial of an official accommodation.

In this case, the employee began working for the U.S. Department of Education in April of 1989. The employee alleges that he suffers from chronic pain, narcolepsy, and Post Traumatic Stress Disorder (PTSD), and that the department was aware of these disabilities when it hired him, and treated him as being handicapped by providing him with reasonable accommodation from approximately April 1, 1989 through November 22, 2004. At some point prior to October 1998, the employee took leave for some undisclosed reason, but subsequently engaged in "return-to-work" discussions with the department from October to December 1998. In December 1998, the employee returned to work pursuant to an agreement.

Several years later, in July and August of 2004, the employee alleges he disclosed some internal employee fraud to the Chief Financial Office and the Inspector General. In November 2004, the employee's supervisor notified the employee that the reasonable accommodations he had been provided would no longer be provided, prompting the employee to file a formal EEO complaint. The employee alleged that thereafter, it was increasingly difficult for him to secure a reasonable accommodation for his disabilities. The employee filed a formal complaint in March 2005, but that complaint ultimately was found to be without merit.

In September 2006, the employee sent an email to his then-current supervisor asking her for a reasonable accommodation, attaching medical documents that were between 9 and 16 years old, along with prior requests for reasonable accommodations that he had just located. Two weeks later, his supervisor replied that she was unable to locate any records granting him a reasonable accommodation. She stated that the department would consider his request for a reasonable accommodation upon receipt of updated, "i.e., last three months," medical documentation. The employee responded, among other things, that prior agency officials had determined he required a reasonable accommodation, that she had no right to revoke that accommodation, and that he had previously responded to requests for medical records.

The supervisor replied by stating that she had no record of an agency determination that the employee qualified for a reasonable accommodation and that without up-to-date medical information, she would not provide him with a reasonable accommodation. The record showed that the employee never submitted current medical documentation, as requested. The department provided evidence that no other employee under the new supervisor was granted a reasonable accommodation without medical documentation.

Nonetheless, the new supervisor authorized the employee to be given a private office and to be permitted to work at home on an "as needed" flex schedule, as a matter of "administrative discretion." Despite the work adjustments, the employee persisted with his claim that the department retaliated against him in violation of the Rehabilitation Act, and his case ended up before the District of Columbia federal district court.

In last month's decision, the D.C. federal district court explained that it is undisputed that the employee engaged in protected activity when he filed a formal complaint in March 2005 alleging disability discrimination arising from the department's refusal to continue existing accommodations for his disabilities. It is also undisputed, the court stated, that from 2005 to 2010, during his current supervisor's tenure, the department (1) did not provide the accommodations allegedly authorized by his previous supervisor; (2) asked the employee to submit current medical documentation as a precondition to processing a new accommodation request; and (3) declined to process or approve the employee's accommodation request in the absence of such information. The court went on to say that despite her demands for current medical documentation, the new supervisor authorized requested adjustments to the employee's working conditions as an matter of administrative discretion.

Thus, the court stated, the pending question in the case is whether the department made it more difficult for the employee to obtain a reasonable accommodation of his disability solely because he filed a discrimination charge in March 2005, before his current supervisor came on board.

Based on the evidence, the court found an insufficient connection between the March 2005 discrimination charge and the new supervisor's request for current medical documentation. The court explained that the new supervisor wanted to formalize the employee's situation - obtain up-to-date medical information, consider accommodations, and put it all in writing.

Thus, to prevail in this case - where the department filed a motion for summary judgment - the court stated that the employee must proffer specific facts showing that a genuine issue exists for trial. Here, the court concluded, the employee offered no specific facts to support his burden of persuasion that his engagement in protected activity in March 2005 was the "but-for" reason the department refused an official accommodation, rather than his own failure to provide current medical documentation as a precondition to a reasonable accommodation.

Accordingly, the court granted the department's motion for summary judgment.

The case is Gard v. U.S. Department of Education, U.S. District Court for the District of Columbia, Civil Action No. 07-2303 (RMC), November 23, 2010
11532
Very Sad scenerio
11-20-2014
11:53 PM ET (US)
http://www.theintell.com/news/local/attorn...8-250f627d791e.html

I just hope that she will not be discouraged in life with this decision. She is young and can use this circumstance to encourage others, I hope she sees this. :(
11531
Advice and interpretation
11-18-2014
07:10 PM ET (US)
http://www.ca4.uscourts.gov/Opinions/Published/132014.P.pdf
11530
A must read!
11-11-2014
11:10 PM ET (US)
You have to read this case. It is a Precedential opinion addressing the "mailbox rule" http://www2.ca3.uscourts.gov/opinarch/131843p.pdf
11529
Help!
11-09-2014
11:35 PM ET (US)
It is actually the first $15. But because I couldn't access my own documents that I needed, i had to do it over and over again and am to close to the limit. Also, i would have to go online on my regular computer to get it, in order to pull it up, at which point I would be allowing access to my documents which have previously been tampered with. I was hoping it was just my computer that was unable to get the case, and hoped that someone could pull it up on. Theirs, without having to go into the case directly, but I guess I was wrong! :(
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