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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I resigned from the USDA on Sept 7 2012 with the intention

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I resigned from the USDA on Sept 7 2012 with the intention of filing for disability insurance. A member of the employment agency (former supervisor) refused to give me the required form to file on time. I have all the other forms. I understand the law states one year, but this is not my fault. What can I do?
Thank you for your question. Please permit me to assist you with your concerns.

At this point did you obtain the forms or are you still waiting on them? Was your supervisor the only one who could provide the forms to you, or were the forms accessible elsewhere? Please advise, as it would change my answer to you. Thank you!
Customer: replied 3 years ago.

I obtained the blank forms and sent the form to supervisor to fill out. I also received blank forms from the USDA with instructions and a point of contact. The POC said he cannot make my supervisor complete the form on time. She has had them for over 3 weeks. I called to remind her before the deadline. I truly feel that she did this on purpose.

Thank you for your follow-up, Alex.

I likewise suspect that there is a very good chance that this filing was intentionally withheld to ensure delay. As a consequence your only option is to get that form back as soon as you can, and when you mail it in, attach a letter of explanation stating exactly that you provided the documentation well before the deadline, and that the other party refused to provide completed forms back to you until you were deemed to be late. Then ask for the forms to be specially evaluated and the deadline treated as if it did not take place. For that to work you would need to provide a specific time line of when you dropped off the documentation, the name and title of the person to whom the documentation was dropped off, your contacts and attempts to expedite, and a date when the documentation finally got to you. I cannot unfortunately guarantee that it will work, but in this instance it is truly the best option that you have available to you.

Good luck.

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