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i AM APPLYING FOR A JOB WITH TSA. I WAS DIRECTED TO SEE AN

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OTHTOPEDIC SPECIALIST TO BE EVALUATED...
i AM APPLYING FOR A JOB WITH TSA. I WAS DIRECTED TO SEE AN OTHTOPEDIC SPECIALIST TO BE EVALUATED AND CONFIRM THAT A RECENT DOCTOR VISIT FOR A SIMPLE BACK STRAIN WAS A MEDICAL ISSUE. I WAS EVALUATED AND THE SPECIALIST RULED ME TOTALLY CAPABLE TO DO THE JOB AS STATED BY THE TSA STANDARD LISTED ON THE EVALUATION FORM. I SUBMITTED THE FORM BACK TO COMPREHENSIVE MEDICAL SERVICE AND THEY DISQUALIFIED ME AS ELIGIBLE TO WORK.
QUESTION. IS IT DISCRIMINATION FOR THEN TO IGNORE THE MEDICAL EVALUATION PROVIDED BY THE SPECIALIST THEY INSISTED THAT I SEE CLAIMING THAT THERE OR OTHER MEDICAL QUALIFICATION THAT ARE NOT LISTED ON THE EVALUATION FORM??
Submitted: 5 years ago.Category: Legal
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6/18/2012
Lawyer: INFOLAWYER, Attorney replied 5 years ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 58,074
Experience: Licensed attorney helping individuals and businesses
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Hello and thank you for the question. I am sorry to read of this dilemma. Did they provide any basis for the decision? were there other examinations?
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Customer reply replied 5 years ago
Welll first of all they had me to numerous visits to expensive Specialist for every thing that I mentioned in my medical records as if I was a medial risk. My file is extensive there over the last three months trying to qualify. They even made me go to a pulmonary speicalist because I told then that sometime I use an inhaler in the allergy season. Any way to answer your question, they said that is the TSA standards to be a TSO officer saids that is I report any back problem that happened in the last year that the Doctor has no choice but to disqualify me. This is suspose to be in their unlisted medical qualification standards that are not shown to the public. I have eximinations by my personal doctor, pulmunary specialist, Othopedic specialist and EKG that they insited on. All fully stated that I do not have a problem in each area.
Lawyer: INFOLAWYER, Attorney replied 5 years ago
Is there a hiring manual, policy or panel? do you have access to appeal?
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Customer reply replied 5 years ago
the only medical requirements is those shown in the job qualifications shown in the job description for the Transportation Secuirity Job show on the USA job site. Also TSA Form 1130B-13 , 12/09 (File L 1100.0.1) "Medical Conditions , Further Evaluation Form which is take to the Specialist for my evaluations show,s the conditions to be evaluated and what is reaquired for me to be qualified. It states the work and physical abilities arequired to be certified by the Evaluating Doctor. He signs the block that states"The patienst IS capable of meeting the above stated job requirements safely, efficiently and effectively with respeft to my medical speciality andthis candidates medical conditoin and /or diagnosis notied on this page 1. I sumbitted it to the CMS and they send me a letter stating that I failed the medical for the exact same reason that the Evaluator has said that I AM qualified for the job. There is no panel. The Nurse told be that there are other standards that require the Doctor to disqualifiy me if I had a injury in the last year. its automatic. that is unfair and discrimatory to me.
Lawyer: INFOLAWYER, Attorney replied 5 years ago
Have you considered having a lawyer reach out to negotiate?
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Customer reply replied 5 years ago
no I am contacting you because I saw your online add and thought that you could advise me on my postion or what I should do. Do I go to an attorney and tell him the same thing that i told you. I was hoping you could tell me if the situation I described sound fair and worthy of being submitted for some form of legal action or investigation to make them aware that they can not just do that to me or anyone else.
Lawyer: INFOLAWYER, Attorney replied 5 years ago
You have outlined a viable claim. Argument and claim based on violation of internal rules and discriminatory practice may be used. Suggested short of suing having a lawyer reach out for informal talks. Often that leads to settlement and avoids cost as time of agency review and litigation. Martindale.com is a good resource. Kindly let me know if you are satisfied and ready to rate or if you have another question.
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Customer reply replied 5 years ago
yes I satifisfied. I will contact an attorney to do what? contact them on my behalf to request verification of compliance or ignoring the Professional diagnosing me as qualified?
Lawyer: INFOLAWYER, Attorney replied 5 years ago
The lawyer would arrange a meeting and address both issues. The botXXXXX XXXXXne though will be to secure either an exit package or a position, at your choosing. I hope you are satisfied with the answer. Please let me know by writing back "Ready to rate!"


I will then activate the rating feature and ask you to rate me 4 or 5 stars so I may get credit for the answer. If you give any rating below 3 stars, I do not get credit for my work.


If you need more clarification first, not a problem. Just continue the conversation and hold off on rating the answer until we are done. I want to make sure you are satisfied. Thank you,
INFOLAWYER
INFOLAWYER, Attorney
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