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Postal EEO Forum

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11655
Marie
07-31-2015
08:29 AM ET (US)
THURSDAY, JULY 30, 2015

Access to ACS and CQS is offline
The Office of Personnel Management hack has triggered another victim. OWCP claimants and their representatives and medical providers are no longer able to access the ACS web bill processing portal to look at the status of bills, authorizations, etc. The CQS portal is also gone. As it was explained to me, OWCP has locked down external log ins to their system due to the continuing concerns about hacking. This has sent OWCP back to the 1990s with all inquiries regarding the status of anything in the case reverting to telephone.

Presently there is no guidance as to how long this situation will continue. When trying to log in to the ACS portal you will get the following message:

Claimant Login
 
NOTICE
Claimant access to ACS Web Bill Processing Portal has been temporarily taken offline . We are sorry for the inconvenience. In the interim, you may use the following information below for additional help.
Bill information:
In the meantime, claimants may obtain medical bill processing information related to their cases by calling the XEROX call center (844)-493-1966.
Case information:
Current federal employees may access their information via the National Financial Center (NFC) Employee Personal Page link. After logging into the Employee Page, the CQS link to access data can be found at the lower, left portion of the page. Claimants who are not serviced by NFC, or have separated from federal service and want to obtain information about their OWCP case such as case status, recent compensation payment, or status of their most recent CA7 Claim for Compensation, may do so by using OWCP's IVR phone system by calling their local district office.
Name Business Phone Business Address
Boston District Office 1 (857) 264-4600 JFK Federal Building, Room E-260
New York District Office 1 (212) 863-0800 201 Varick Street, Room 740
Philadelphia District Office 1 (267) 687-4160 170 S. Independence Mall West
Jacksonville District Office 1 (904) 366-0100 400 West Bay Street, Room 826
Cleveland District Office 1 (216) 902-5600 1240 East Ninth Street, Room 851
Chicago District Office 1 (312) 789-2800 230 South Dearborn Street, Eighth Floor
Kansas City District Office 1 (816) 268-3040 2300 Main Street, Suite 1090
Denver District Office 1 (303) 202-2500 One Denver Federal Center, Bldg 53
San Francisco District Office 1 (415) 241-3300 90 Seventh St. Suite 15-100F
Seattle District Office 1 (206) 470-3100 300 Fifth Avenue, Suite 1050
Dallas District Office 1 (214) 749-2320 525 South Griffin Street, Room 100
Washington District Office 1 (202)
11654
steve
07-30-2015
10:58 AM ET (US)
Evidence is “material” when it is of sufficient weight to warrant an outcome different from that of the initial decision. 5 C.F.R. 1201.115(a)(1).
11653
SlingshotPerson was signed in when posted
07-30-2015
02:04 AM ET (US)
Texas EEOC Administrative Judge
http://members.calbar.ca.gov/fal/Member/Detail/95693
11652
SlingshotPerson was signed in when posted
07-30-2015
02:00 AM ET (US)
Google:
Materiality: An Element of 18 U.S.C. 1001 and a Question for ...
digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1635&context...
Apr 1, 1990 - Kenneth M. Miller, Materiality: An Element of 18 U.S.C. 1001 and a Question for the Jury, 23 Loy. ... that the question of materiality under section 1001 be decided by the ..... question of law, instead of submitting it to the jury.3".
11651
SlingshotPerson was signed in when posted
07-30-2015
01:49 AM ET (US)
Perjury in Official EEO Investigation
pogoarchives.org/m/fo/sec-oig-report-20080331.pdf
Mar 31, 2008 - UNITED STATES SECURITIES AND EXCHANGE COMMISSION. OFFICE ..... committed perjury in his February 23, 2006 EEO testimony regarding three issues: (I) what .... Yes; and I may have amplified that with examples. Q.
11650
SlingshotPerson was signed in when posted
07-30-2015
01:10 AM ET (US)
How to File Criminal Charges for Perjury

Read more : http://www.ehow.com/how_8236420_file-crimi...harges-perjury.html

http://www.ehow.com/how_8236420_file-crimi...harges-perjury.html

MATERIALITY: AN ELEMENT OF 18 U.S.C. s 1001 AND A QUESTION FOR THE JURY

www.bmkattorneys.com/documents/MATERIALITY.pdf

Loyola of Los Angeles Law Review ... AN ELEMENT OF 18 U.S.C. s 1001 AND A QUESTION FOR THE JURY Kenneth M. Millera ... AN ELEMENT OF 18 U.S.C. s 1001 AND ...
11649
SlingshotPerson was signed in when posted
07-29-2015
01:42 AM ET (US)
Perjury is the deliberate telling of a falsehood under oath or in a legal document signed under penalty of perjury. wikipedia writes:

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful. Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriages of justice. In the United States, for example, the general perjury statute under Federal law provides for a prison sentence of up to five years, and is found at 18 U.S.C. 1621. See also 28 U.S.C. 1746.

Statements of interpretation of fact are not perjury because people often make inaccurate statements unwittingly and not deliberately. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate. Like most other crimes in the common law system, to be convicted of perjury one must have had the mens rea to commit the act, and to have actually committed the actus reus.

http://askville.amazon.com/commits-purgery...o?requestId=4157071
http://en.wikipedia.org/wiki/Perjury
11648
SlingshotPerson was signed in when posted
07-29-2015
01:32 AM ET (US)
What is the Statute of Limitations for Perjury?

http://www.wisegeek.org/what-is-the-statut...ons-for-perjury.htm
11647
Sal
07-23-2015
02:00 PM ET (US)
Kimmiek,

They set you up for discipline and make it stressful to get the "easy mark" out of the post office.

Some employees just can't make it to work on time cause the job is far away. If you got a bad back and can not sit in the car for 3 hours a day, your not going to go to work every day, your going to call in. The post office knows this.

Others try to do the paper work and just can't focus, so no FMLA, or worse no open OWCP claim.

Others talk back because they see that its not fair. Its a set up for discipline. You go to your union but there's 500 employees who the union has to help, so are you number 1 or number 500?

Some union representative's are outstanding others are not so good.

If you have a way out instead of being fired most people will take the way out. I have yet to see a medical retirement for an injured employee that has not been approved.

I have been able to get lots of medical retirements approved for "stress" related claims; that have noting to do with an approved OWCP claim. The post office says no work available on the form, so OPM approves the retirement.

Since 2014, post office is on record saying that they wanted to reduce the work force by 150,000 employees before the end of 2015. See, S1789, this senate bill says it all.

Sal
11646
KIMMIEKPerson was signed in when posted
07-23-2015
03:00 AM ET (US)
I agree Sal- They were herding us together at the mail sorting plant to take us out too. Their were 30 injured carriers NRP'd as Mail-handler's in sorting and culling incoming- an area where there should be less than half that... They then closed that department.
11645
Sal
07-23-2015
12:07 AM ET (US)
Hello Kimmiek,

No, not a detail. No,PS form 1723 in the mix. Call center assignments, see CBA page 375. Month to month is a reasonable accommodation. Clerks are level 6; carriers are level 7. Yet the carrier and I asked for the Rehab assignment, which has been denied, without good cause. They only put employees who are on OWCP into the call center assignments to try to push them out. Most employees have to drive 3 to 4 hours a day to get to the LA call center, if your late, you get discipline.
Also very stressful job.
Sal
11644
KIMMIEKPerson was signed in when posted
07-22-2015
08:08 PM ET (US)
Sal
Is this position a DETAIL position? I know that after I had surgery the USPS was told I could never carry mail anymore and They first created a permanent modified position for me. That position was odd lot or had different jobs from different crafts and the unions went bonkers filing many grievances. Sometime after about a year- I was given a DETAIL position in district as a RETAIL SPECIALIST! I was working my modified job position WITHIN MY JOB DESCRIPTION which was acceptable to the OWCP, however OWCP was NEVER informed of my detail position nor did OWCP approve that DETAIL position as a retail specialist. That detail position went in 90 and 120 day increments and then I was NRP'D- which eventually took me completely out of the USPS no work available- no position available after the NRP committee forced me into a completely different job which did not really fit my restrictions.The detail position grew out of my job restrictions and like I said OWCP never approved it nor did they EVER state I could do it- This is why when I injured myself at the plant right away IT was accepted as a new injury. The detail positions are normally higher level pay positions and the District would determine if you stay or go- many times political, it is not a union protected position but an EAS position which is not usually permanent but to fill a void so to speak until they fit a permanent EAS employee into that position. Usually in district, there are MANY MANY Detailed employees as they eliminated those permanent jobs first but still needs someone to do the work. The unions cannot even help you with these detail positions as one union president said to me- It is their choice who does the detail. kk
Edited 07-22-2015 08:11 PM
11643
Sal
07-22-2015
12:46 PM ET (US)
Hello PEA,

On 06/04/2015 Ms. Williams showed up to a MSPB hearing were I was the representative and said limited duty assignments are available to employees with on the job injuries at the Los Angeles call center month to month.

The Judge said that the agency could provide any assignment that was available to the employee, within that employee’s medical restrictions.

Teresa Williams, Headquarters Health and Resources Manager, last known work address: 201 13th street Room 101 B Oakland CA 94612-3921- Phone number – 510-622-7442

Also in another matter, I filed an “improper restoration” appeal for a carrier who was working outside of his medical restriction on 10/2014. The Agency put that carrier into a temporary position month to month at the Los Angeles call center as a customer care agent since 11/2014.

Now that carrier should not be there as the Agency has bypassed clerks for that customer care agent position, yet he is still there. The MSPB appeal and EEO complaint are still pending for that carrier.

I tried to see the reference on 90 day assignments of limited duty, but I did not see it in ELM 546. There may be something in each LMOU, but who knows.

Sal
Edited 07-22-2015 12:50 PM
11642
Postal Employee AdvocatePerson was signed in when posted
07-22-2015
10:33 AM ET (US)
I’d like to jump in just to correct some of the terminology. The type of M.S.P.B. appeal that you want to look up are called “Restoration to Duty” appeals under 5 C.F.R. 353.301.
With regard to job offers – Limited Duty Job Offers (LDJO) are temporary assignments, provided in 90-Day increments for employees with a job-related injury or illness and have not yet recovered or have not yet reached maximum medical improvement. Modified Job Offers are for employees who have reached MMI and consists of modifying the employee’s job duties within their regular bid assignment. A Rehabilitative Job Offer occurs when an employee has reached MMI but can no longer perform the duties of their regular bid assignment or craft. A Rehab Job is made up of various duties within the employee’s medical restrictions, cobbled together to provide eight hours (usually) of work. Certainly there may be jobs available within the Postal Service that have been specially designated for Light Duty (under Article 13) and/or Limited Duty assignments.
11641
Sal
07-21-2015
10:52 AM ET (US)
Topcat1

If you asked to be returned to duty that may mean that you asked to be reinstated. You may still have MSPB appeal rights available from 2010. go to MSPB.gov - look at "failure to reinstate" appeals.

Do you mean no return to work as a carrier?

Could you have worked as a lobby director in lieu of a supervisor working as a lobby director in any post office; agency wide? See, the Rehab act.

You could have worked at a call center as a customer care agent. The post office has people in walkers working in the call center's as customer care agents. All you have to do is click a mouse on a computer and be able to talk on the phone for 4 hours a day.

There are Rehab jobs and then there are limited duty assignments.

limited duty assignments at the call centers are for injured employees and they go from month to month. Rehab assignments at the call centers are real jobs.

There may be a way to get paid for lost wages, work and work benefits (like leave and over time - the value is about $10,000 per year) from 2010. Look at your rights under ELM 651.7

Post a phone number if you want me to call you.

Sal
Edited 07-21-2015 10:54 AM
11640
topcat1
07-20-2015
10:12 PM ET (US)
SAL,I WILL CHECK AGAIN AND CALL SS.YES I ASKED TO BE RE-INSTATED BEFORE 2ND OPINION DR REQUIRED TEST WITH DYE AND RE-INJURED SHOULDER AREA , BY HOSIPTAL DR .AND EXSASERBATED MY PROBLEM AND MADE IT WORSE AND ORTHO AND MY DR PUT ME ON NO RETURN TO WORK.AGRAVATED STAPLE IN SHOULDER WITH TEST AND DYE.,STICKING NEEDLES AND DYE IN THAT AREA AND NO MRI CANNOT BE DONE BECAUSE PICTURE TURNS BLACK.,TRIED BEFORE,SO IN LIMBO OR TRY TO GET OPERATEDON.
Edited 07-20-2015 10:15 PM
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