Saddened 3991

The longest I had an appeal at OFO was eight years, it was a favorable decision. The longer it is at OFO the better the “odds”, in my opinion
.

EEO was filed in 2005. We were notified of negative verdict on this EEO in 2007. In early 2007 an appeal was submitted. We have never heard another word. Also, we were not allowed to have a hearing. All documentation was submitted through mail.
What are my options and is this time frame unusual? Thanks

Ny Wise Guy:

Trust me, after 22 years of doing this, and being through Congressman and Senators in several states where we lived, it won't help. Especially since we believe that the problems are actually stemming from the Department of Justice.

Once I tried to report behavior of the first Asst. U.S. Attorney on this case, back in 1999, and I wrote to the Attorney General, as well as called. The answer I got was this: "It's in front of a Federal Court Judge." They would not do anything. As a matter of fact, they were so arrogant, it made me suspicious that they had already known about it, or that it was just a matter of course, and this is how they are trained and taught what to do to pro se litigants.

The media...not big enough for them, either, but I have posted this many places, and will probably blog it as well. I have already mailed it to higher officials in the government, so they can see where their money is going in paying this person a "salary" for coercing individuals to waive their rights.

i have an eeo case with a represenative does anyone have a attorney
that can take the case to federal court? for a percentage?

saltwatertaffy....You must follow the chain of command. After you file a protest to the Asst US ATTORNEY wait 30 days for a reply. Next stop up the feed chain is the US Attorney General. Have you contacted your congress person concerning this matter? The local media?

Thanks NY Wise Guy:

Actually, I was quite shocked, to say the least. I don't even try for sanctions, especially with the history of the seven years in this court, because I know I would not get it.

What I did, though was I put in a Motion for ECF training. That is the process when you go into federal court, and you can access your case and/or other cases through Electronic filing. I figure it this way. If they are going to fight these cases to the nth degree, then why should I have to continue to pay for copies, and mailing charges, when we don't even have the money, especially since we have been granted informa pauperis status.

I put in his email with that submission, but truthfully, I have had it with the Assistant U. S. Attorney, with the Judge, with the system. I mean, come on, it took 2 1/2 years to get ONE ORDER vacated.

The Judge is not adhering to anything I am asserting in this case. All my efforts are going to naught.

I needed documents to pursue an OWCP claim, so I sent the USPS a FOIA/PRIVACY Act request. When they failed to reply in 20 days, I waited until the 21st, and filed a complaint for violation of that in Federal Court.

I Also put in a Motion to Compel these documents in the Federal Court case already pending. So, the Asst. U. S. Attorney responds, as instructed by the Federal Judge, and what does he say? He will provide the OPF, but he is not obligated to provideanything else.

At first, I was going to decline that, knowing that the medical I needed would not be in there, and I have about 8 OPF's already which are useless, but then, I challenged him, and said, okay, and we went to pick up the alleged OPF.

NOT ONE DOCUMENT was there... and THEN, he gives us over 2,300 pages of paper, which weighed 26 pounds, which my husband who also has a herniated disc did not need to carry 2 blocks back to our car, only to come home and find out, that it was all of "MY DOCUMENTS".

If I was not living this, I would never believe this, ever, ever, ever!!!!

Saltwatertaffy....is this a ex-parte communication? Did the judge receive a copy? I would file a protest with the US ATTORNEY and file a complaint with the American Bar Association. Let them know you are serious and will not play games. Go for it.

Do you think the Assistant United States Attorney violated the following:

RULES OF PROFESSIONAL CONDUCT

Rule 8.4 Misconduct

(d) engage in conduct that is prejudicial to the administration of justice;

ME/EM..all others:

Okay, so the Court finally (after two and a half years) VACATED that bad ORDER, but look at a portion of this email that I got from the Assistant U. S. Attorney. Keep in mind I have never met this person.

What is your opinion of this, just curious! The administrative claims he is talking about are the claims before OWCP.

Asst. U.S. Attorney:

"Please consider whether it makes more sense for you to drop your federal court lawsuits and focus your attention on your administrative claims on behalf of your husband. We will defend all of the federal court lawsuits to the nth degree, and it makes little sense for you to proceed that way. If you decide to drop the lawsuits, we will work with you to avoid any further court costs in connection with these cases."

Mizel/m3982
I’m not certain what you mean by having gone through the Board appeal process. That process should include a hearing before an Administrative Law Judge with an eventual Initial Decision (I.D.). There is a finality date indicated on the I.D. You must file a Petition for Review (PfR) on or before that date. If the Board denies your petition, then that’s when you can take your appeal to Federal Circuit. I can represent in hearings, and file PfR’s, but, since I’m not an attorney I cannot file in court.

Hi saddened /m3980. Could you give the name of your OWCP attorney?
Hi PEA. Do you handle MSPB cases that have gone trhough the Board appeal process (prior to Fed. CIr. filing)?

Saddened/m3979
With regard to your EEO you may have some difficulty overcoming an error by your attorney. The EEO Commission has consistently found that a complainant is responsible for the actions, or inactions, of his/her representative. Since you have not yet received a decision from OFO (you said it’s been over a year – which is not that unusual) we’ll keep our fingers crossed for you. With regard to your injury compensation claim, I recommend that you vigorously pursue it, even to the Employees Compensation Appeal Board (ECAB). Even after the Postal Service has tried to fire you, you may be able to still collect benefits. Also, if your doctor believes that your breakdown was directly caused by your employment, you should probably file another claim with a CA-2. I guess I’m not really sure that you had a direct question, so it’s difficult to provide you with useful information.
Legal Eagle/m3978
Thanks for keeping me in the loop.

I need to let you know that original injury as a carrier was authorized but second Workers Comp was denied due to attorney lack of expertise. I did not make that clear.

Multiple issues but this is first. EEO filed over three years ago. Two bad attorneys without knowledge on this. First allowed very important information to be excluded due to not filing paperwork in time. Also requested no information from doctors or anyone else for that matter on an Workers Comp case. That turned out to be denied from lack of information.
EEO was tried to be saved by second attorney but one year after an appeal was filed on a negative outcome, we have not heard anything. There was never a hearing allowed. Everything was through mail. I understand from attorney that letter requesting information has been ignored.
I did not want to leave post office or at least be able to be transferred to another agency. I was an injured carrier forced over to a clerk even after class action for this area stated that injured carriers can not be transferred to clerks. After years of abuse from injury, I had a breakdown and at that time could not go back. I was forced out and feel that this was fixable but had no help. Do I have any options.

Postal Employee Advocate

I mentioned the Sandra McConnell case to NALC Branch 70 President. He's calling the attorney they use to try to find some information on this class action. I let you know if I find anything out.

SASSY....what did YOUR DOCTOR recommend? By law you are allowed to be treated by a physian of YOUR choice. If your former condition was exasberated by the injury and the physical demands placed upon you by the job is threatening your well-being go for the disability. YOUR doctor is the one that counts. What was Workers Comp decision? How long has this been going on? If you suspect Injury Comp is playing around with your paper work file a complaint with the Dept. of Labor. Be aware the burden of proof is on you when you file with the DOL.