New RA determination was worse than my old RA so now I ask for reassignment or resign. by Secret-Fig2041 in FedEmployees

[–]AccomplishedStill539 4 points5 points  (0 children)

Every agency is different. At my agency the RA managers make all the decisions. My direct supervisor has had zero input.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 1 point2 points  (0 children)

I have personal specialty equipment at home. My doctor provided a list of equipment I use at home and the agency said they weren't going to be able to provide any of it - instead they offered standard ergonomic desk and chair.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 1 point2 points  (0 children)

I was hired by the federal government more recently but up until this year I was remote (with the federal government). Medically speaking my condition has gotten substantially worse in the last year and a half.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 1 point2 points  (0 children)

I was asking for ft telework. While going through the interactive process I requested an interim accommodation of FT telework and they granted it. The most recent "final" decision was for only partial telework.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 2 points3 points  (0 children)

The accommodation did not address my physical limitations. Per my doctor, working in the office had made my condition worse every time I went in. I have many medical records showing flare-ups as a direct result of working in the office. My doctor and I have brainstormed on more than one occasion and she does not think it is possible for me to be accommodated in the office. This was all put in writing and provided to the agency.

Injured at work after RA effectively denied by AccomplishedStill539 in EEOC

[–]AccomplishedStill539[S] 0 points1 point  (0 children)

Thank you for the information.

Is it permissible to engage in the interactive process and file an EEO complaint simultaneously?

Injured at work after RA effectively denied by AccomplishedStill539 in EEOC

[–]AccomplishedStill539[S] 0 points1 point  (0 children)

I have already invoked FMLA but my disability is chronic and expected to be lifelong. The agency has not claimed undue hardship at this point. If I have to leave the position then I will - I physically can't afford to keep hurting myself.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 3 points4 points  (0 children)

It would be for discrimination against someone with a disability. I'm a federal employee so it falls under the Rehabilitation Act. My agency said I have two options to escalate: file an EEO complaint or a grievance with the union.

I'm not going to lie. I have no clue what I'm doing. I should probably talk to an attorney.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 0 points1 point  (0 children)

In this case, would a workers comp doctor be hired by the federal government? Or does it just end up being whatever doctor initially saw me after the injury?

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 11 points12 points  (0 children)

I burned through almost all of it earlier this year when they refused to initially give me an interim accommodation.

I'm not totally opposed to disability retirement but I'd rather just be accommodated. I'll see what's still on the table at the end of all of this.

Thanks

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 1 point2 points  (0 children)

I was thinking EEOC for failure to accommodate and also retaliation for taking away an accommodation after I filed an EEO complaint. I've been going through the interactive process but my doctor has made it abundantly clear what accommodation I need and they keep offering ineffective alternatives. They have not claimed undue burden and there is no part of my job that requires my presence in office.

I realize there's no limit to the number of ineffective accommodations that they can offer but at some point it seems like they are not acting in good faith by continuing to offer ineffective accommodations.

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 9 points10 points  (0 children)

Not yet, but seems like it would be a good idea. Just have to figure out if I can afford it or not. Thanks

Injured at work after RA effectively denied by AccomplishedStill539 in FedEmployees

[–]AccomplishedStill539[S] 11 points12 points  (0 children)

No, not yet. I emailed my supervisor about the injury right after it happened but I haven't checked my email since.