u/FedUpDownNOut

Continuing the saga from my previous posts regarding lengthy unnecessary delays by agency leadership on both reasonable accommodation request and disability paperwork: I have now submitted requests for assistance to my congressman and senator. The congressman's office has already replied that an inquiry was sent and it takes around 30 days for the agency to respond.

I also submitted an "informal EEO complaint" through the system and was contacted by EEO staff to ask if I would give permission to extend the 30 day deadline for the informal counseling by 60 days, to a total of 90 days.

Given I have already been waiting this long, I'm having trouble wrapping my head around why it would be of any benefit to me to allow HHS to extend this process. I guess it creates a better chance that a resolution occurs in the 90 days versus having to go through the formal process. On the other hand, I worry that the agency will not resolve the issue, and this just allows them 60 more days to dick me over before the inevitable formal process.

This was the text that was sent:

>At this time, our EEO Program is experiencing processing delays due to staffing shortages. We would appreciate the opportunity to continue informal EEO counseling efforts to explore a potential resolution of your concerns.

>To allow us additional time to complete these efforts, would you be willing to grant a 60-day extension? If so, please complete, sign, and return the attached Extension Agreement at your earliest convenience.

>If you prefer not to grant an extension, that is completely understandable. Please let me know, and we will continue working as diligently as possible to process your informal complaint in a timely manner.

Anyone had to go through this process before or have any thoughts or advice whether to agree to the extension?

Sort of following up on my previous post here: https://www.reddit.com/r/FEDDISABILITY/comments/1v84fb7/how_long_did_your_reassignment_search_take/

I submitted a reasonable accommodation request, for reassignment, into the HHS system approximately 3 months ago in June, only because it is a prerequisite for disability retirement that the agency must state they failed to accommodate or reassign on the SF-3112-D. I already have a longstanding accommodation for full-time remote work that is no longer adequate.

I then submitted my full disability retirement paperwork (everything except the SF-3112-D) to my agency's (an HHS subcomponent) HR about a week later toward the end of June.

In early August, I was finally contacted by someone in HHS about the RA. They collected some paperwork about what sort of jobs I would accept along with a resume.

I also heard in early August from my agency HR that the retirement paperwork was being held up pending signature from the "agency leadership."

Now it is September and the HR personnel have apparently been unable to get any response from the agency leadership on the retirement application. I have also just learned that my reasonable accommodation request is also being held up by some kind of approval at the HHS leadership level.

Anyone have any thoughts on if there's anything I can do to expedite these processes?

From my perspective, after 3 months without successfully accommodating me, shouldn't a delay of that length be considered a denial, allowing my agency to complete the SF-3112-D to the effect that I cannot be reassigned or accommodated?

I'm about to start bypassing the HR folks and following up directly with emails to whomever is publicly listed in the leadership positions, though I am doubtful whether that will help or just put a target on my back for further retaliation.

My application has been with my agency Hr for about a month now pending the agency's completion of SF-3112-D certifying there is no reassignment/accommodation possible. Is this normal? How long did this part of the process take for you?

Thoughts how this will affect the disability retirement process? Anyone had to use it yet? I submitted my paper package a few weeks ago, which was apparently perfect timing... HR says I'll now have to submit through this online portal instead.

Did you include a cover letter in your package, or a personal narrative letter, separate from the physician letters and the rest of the form? If so, what kind of things did it include?

I love doctors. Not at all 100% psychopaths.

Anyone have any insight or tips on this? Particularly for those of us who've had more of a long-term decline than a sudden onset, this is deceptively tricky to pin down. Is it when I first requested an RA many years ago? When I first started going on a ton of FMLA? When I notify my agency that the RA is no longer sufficient?

What is OPM looking for with this date? I'm guessing they are looking for consistency between the date listed here, the medical records/statements, and the date the supervisor specifies for declining performance in SF-3112B. Is there anything else to consider?

I've had a reasonable accommodation for telework for a few years now that is currently still being honored and active. However, my original condition has worsened significantly and new conditions have arisen, so the RA is no longer enough.

I recently had a consultation with a law firm and while they ultimately thought I had a case they were willing to take, they expressed that my RA status might complicate a disability claim, because as far as the agency knows officially, I was successfully accommodated. And for FERS Disability they need to certify the opposite--that they cannot accommodate. They also have to have attempted and failed to reassign you, something that also has not happened.

Has anyone gotten FERS disability while on an existing reasonable accommodation? Or do these claims really only become possible as a failure outcome from the RA "interactive process"? In which case I would need to re-engage the RA process in some way first? I don't think I actually can be accommodated in a way that would be compatible with my job duties--so would requesting a very likely incompatible accommodation (like "no lifting" when the job very obviously requires lifting) be the kind of thing that needs to happen as a pre-requisite?

Schedule P/C (formerly Schedule F) was issued in a final rule in February, and the only piece left to put it in effect is an executive order designating which positions move to the new schedule. That order could seemingly drop any day now, immediately designating an unknown number of employees as at-will and able to be let go without cause or due process.

Should those of us seeking FDR be worried if we're in the cross hairs of Schedule F? If an employee gets moved to Schedule F, could that limit options to pursue FDR? What if an employee is actually terminated under Schedule F with potentially no official cause or a poorly substantiated cause?

I kind of feel like I'm in a race against time with this to build my medical record and put in my documents before I get rescheduled.

At least one doctor needs to provide narrative statements that support your claim by addressing the diagnoses, specifying how the symptoms prevent useful performance in at least one job element and/or attendance/conduct problems, and stating a long-term prognosis of at least 12 months.

Thus part of the process becomes asking doctors to write such a letter, which in many cases seems to require some finesse.

After a long gap in treatment history when I wasn't seeing anyone about it, I started talking to my current primary and got FMLA related to my mental health conditions a little over 1 year ago. About 2 months ago, I started seeing a therapist, and about a week ago I saw a psychiatrist, who updated my diagnoses and prescribed multiple meds, an intensive outpatient program, and more FMLA.

Prior to this, I have only very distant, spotty treatment history from when I successfully pursued a reasonable accommodation about a decade ago.

Since it's still early in the new treatment plans, I'm reluctant to jump the gun by asking for support in a disability claim too soon. The doctors surely want to give the treatment plan a chance before declaring anything permanent, and I also assume OPM is looking for at least some treatment history.

In another month or so, though, I'll have a treatment history of 3 months therapy, intensive outpatient program, and multiple meds, so if nothing has improved I think it would start to be appropriate to bring up disability retirement at that point. I actually did broach the subject with my therapist already, and they're on board if I choose to go this route, but they are not a MD so their input is basically supplemental. I still need to eventually ask my psychiatrist and possibly primary care doc.

Thoughts? How did you approach asking your doctor(s) for the letter and support in your claim? How long was your treatment history with the doctor(s) at the time? How long of a treatment history do you think doctors and/or OPM expect to see before disability retirement is considered?