Can't Keep Medical Clearance

[ThrowAwayAcct]

Long story short, I have passed my probationary period, but the geographic area I was assigned to has caused me to have medical issues that preclude me from maintaining a medical clearance unless moved to a different geographic area. Due to the aforementioned inability to keep an active medical clearance, the backlog of trainees, and the long checkout times, I have yet to actually get any sectors. My local ATM and Union rep both concurred on the hardship packet, but the regional level denied it. Any suggestions or helpful insight one can offer? I've got notes from the treating doctors that the medical condition is mainly due to the geographic area I have been assigned to. Thank you in advance, please no pointless bashing. I know the agency is shorthanded and I would rather get to somewhere I can actually be usable instead of continuing this problem with my medical and just being a body taking up a slot but cannot train and be usable at my current facility.

 

[Phillytroll69]

Here's the thing. Who actually denied it? The union has a whole committee that decides whether or not they will fight it. You need to find out exactly why it was denied.

The facrep or regional vp or hardship rep should have info.

Immediately file another hardship that includes whatever you were missing.

Attack from multiple angles-
Have the union fight on your behalf (lol)

Write your congressional rep, senator, etc. woth the information you have. (What the contract states, how you fulfilled it, how the FAA determined it was denied)

I'd recommend getting an attorney since the union obviously isn't going to fight this for you....but you probably can't afford that.

 

[ThrowAwayAcct]

Thank you, Philly, my facility rep reached out to the regional rep, but never got any further clarification. I have appointments coming up next week to get more documentation and file again, but obviously it takes time. I am also planning on going to speak with regional HR in person about my situation, as this has been going on for a long time and I would think the FAA would like to have a usable controller again. Any insight into a good attorney to look up? I know it's a very niche area of practice and most of the attorneys I have been referred to previously are all federal disability retirement attorneys.

 

[Phillytroll69]

Thank you, Philly, my facility rep reached out to the regional rep, but never got any further clarification. I have appointments coming up next week to get more documentation and file again, but obviously it takes time. I am also planning on going to speak with regional HR in person about my situation, as this has been going on for a long time and I would think the FAA would like to have a usable controller again. Any insight into a good attorney to look up? I know it's a very niche area of practice and most of the attorneys I have been referred to previously are all federal disability retirement attorneys.

Kinda sol on the attorney front.
Federal employment attorney usually go after discrimination stuff.
Maybe someone can recommend-ask your congressional people as well

 

[GMX]

Nm.

 

[GulfCharlie]

I would, out of an abundance of caution, start looking for other FAA jobs. There are a ton of vacancies that are not advertised, especially in OKC. Sometimes cold calling/emailing managers is best.

 

[FightingIrish2012]

They are cracking down on the allergies hardship scams, especially for new hires.

 

[FlightOfTheShortGuy]

They are cracking down on the allergies hardship scams, especially for new hires.

I’m pretty sure they are cracking down on all hardships.

 

[Phillytroll69]

I’m pretty sure they are cracking down on all hardships.

That's why, now, more than ever its important to be a union member.

We have a team of people fighting for every hardship that meets the contractual requirements!

Just kidding they meet once in awhile to decide who they are going to fight for usually had to do with pac donations and who your dad is

 

[Nothanks]

That's why, now, more than ever its important to be a union member.

We have a team of people fighting for every hardship that meets the contractual requirements!

Just kidding they meet once in awhile to decide who they are going to fight for usually had to do with pac donations and who your dad is

Really insightful for this guy, good post

 

[ThrowAwayAcct]

I would, out of an abundance of caution, start looking for other FAA jobs. There are a ton of vacancies that are not advertised, especially in OKC. Sometimes cold calling/emailing managers is best.

I appreciate it, I have actually met with the ATM's in the geographic area I am trying to move to and explained my situation to them. They all seemed understanding as to why my particular issue would not be a problem in their specific geographic area (and no, I am not using allergies), and the ones I talked to all seemed to think I would be a great fit at their facility. Even my local ATM and Union Facility Rep agreed it met the condition of a hardship, but regional ATO and their counterpart pushed it back saying it does not meet the requirement to be a medical hardship... I would like to think that if it keeps me from maintaining a medical clearance in my current geographic area, that's a pretty justifiable reason, certainly moreso than "Hey, my spouse has allergies that act up in this particular area." But then again, I'm just a lowly 2152, what do I know?

 

[Bandit117]

Long story short, I have passed my probationary period, but the geographic area I was assigned to has caused me to have medical issues that preclude me from maintaining a medical clearance unless moved to a different geographic area. Due to the aforementioned inability to keep an active medical clearance, the backlog of trainees, and the long checkout times, I have yet to actually get any sectors. My local ATM and Union rep both concurred on the hardship packet, but the regional level denied it. Any suggestions or helpful insight one can offer? I've got notes from the treating doctors that the medical condition is mainly due to the geographic area I have been assigned to. Thank you in advance, please no pointless bashing. I know the agency is shorthanded and I would rather get to somewhere I can actually be usable instead of continuing this problem with my medical and just being a body taking up a slot but cannot train and be usable at my current facility.

If it’s anything that could be construed as a disability, and there’s an expansive list, don’t be afraid to file an eeoc on it.

Pm me if you want.

 

[Nothanks]

You need to have proved your point via documentation. It doesn’t matter having conversations with random people that agree.

It has to be well documented so that someone doesn’t need anything explained to them.

You aren’t going to find your silver bullet on the forums.

 

[GulfCharlie]

I appreciate it, I have actually met with the ATM's in the geographic area I am trying to move to and explained my situation to them. They all seemed understanding as to why my particular issue would not be a problem in their specific geographic area (and no, I am not using allergies), and the ones I talked to all seemed to think I would be a great fit at their facility. Even my local ATM and Union Facility Rep agreed it met the condition of a hardship, but regional ATO and their counterpart pushed it back saying it does not meet the requirement to be a medical hardship... I would like to think that if it keeps me from maintaining a medical clearance in my current geographic area, that's a pretty justifiable reason, certainly moreso than "Hey, my spouse has allergies that act up in this particular area." But then again, I'm just a lowly 2152, what do I know?

lf this is the case and you want to keep controlling I would a couple of three things: 1. Lawyer up that specialises in Hardship cases (you might have to search around but they do exist) 2. Start establishing care the place you intend to go to alleviate your symptoms (logistically I know it is probably a long trip, but once you prove the care/environment is better for you it will be harder for them to refute) 3. If memory (do not quote me) serves me correctly none of these individuals until it gets to the top level is a medical professional. You are your best advocate. Cross the T's and dot the I's.

 

[ThrowAwayAcct]

lf this is the case and you want to keep controlling I would a couple of three things: 1. Lawyer up that specialises in Hardship cases (you might have to search around but they do exist) 2. Start establishing care the place you intend to go to alleviate your symptoms (logistically I know it is probably a long trip, but once you prove the care/environment is better for you it will be harder for them to refute) 3. If memory (do not quote me) serves me correctly none of these individuals until it gets to the top level is a medical professional. You are your best advocate. Cross the T's and dot the I's.

I've been looking into it, and getting additional opinions presently. Got any insight into a good hardship attorney? I've been trying to look around but seems like most attorneys recommended are those specializing in medical retirement rather than hardships.

 

[DADDYSbabyBIRD]

Fake hardships make real ones harder to get... remember that.

 

[SquawkHijack]

Fake hardships make real ones harder to get... remember that.

It’s also crazy to note that the fake hardships are the ones that seem to almost always get approved and legit ones get tabled.

 

[Nothanks]

No one can help you here unless you put
your hardship packet on here in it’s entirely. Then you might get some solid advice. Until then, it’s all hearsay and nonsense.

 

[Phillytroll69]

Fake hardships make real ones harder to get... remember that.

Meets contractual obligations
Has doctor notes

Fake

 

[Bandit117]

Fake hardships make real ones harder to get... remember that.

The agency is famous for moving the goalposts. Iirc they denied a controller with brain cancer a hardship “bc he didn’t have a medical” even though there were no specialists near him and having a medical isn’t in the contract as a condition to qualify.

He had to lawyer up and the agency quickly caved.

I’ve also seen backdoor horse trading where the agency agreed to a bullshit hardship that had been denied 3 times bc there was no documentation, because they wanted to move a problem child and at the same time they offered to settle a prickly grievance with the union in exchange for it, for the union hardship person to concur after they said no

If the process was fair objective and transparent, it would be one thing, but it is easily demonstrable that it is not. the agency wishes to suppress controller movement at all costs.