We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. No new date has been scheduled, but please continue to check the website for updates. The comprehensive spreadsheet must be filed by July 18, 2022. We will provide you with written instructions on what to include to support your claim. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. Accordingly, it is a good idea to proceed cautiously. Thank you for your continued patience! We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. Click here for a copy of the notice of appeal filed on July 12, 2018. Denver, CO 80202. Ms. Please continue to check this website for updates. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. There is no action needed at this time on your individual claim. In the near future, we will address frequently asked questions regarding the form and evidence on this website. And as always, please continue to monitor this website for any important updates. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. The NRP has been rolled out in most USPS districts across the nation. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. No. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. Thomas & Solomon LLP
Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. Thank you for your prompt attention to this important task! The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. Click here to see the latest news on the case. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. As a reminder, the EEOC has not issued any decisions on any of the claims. Yes, we will include any documents you have provided to our office. There is not a magic number for how much information should be submitted. Other people used a different claim form, then filled out a written retainer agreement with our office. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. In the case of Sandra McConnell, et al. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? Please continue to monitor this website for updates. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Our proposed Case Management Order is carefully tailored to this unprecedented case. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. Therefore, if you have not already provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed by March 31. It is also ok to provide a persons position title if you dont remember a persons name. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. 9. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. Please note that this does not directly relate to your claim in the NRP Class Action. There will be a Spanish translation of the recording also available at the same number. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. My Supervisors or co-workers called me lazy due to my restrictions. This proposal is consistent with many other successful class actions. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. As you may be aware, USPS disputed every claim submitted in this case. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. Free shipping. Please continue to monitor the website for further updates. The Declaration form contains information that the EEOC Judge has requested for each claimant. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. The name of the case is McConnell v. U.S. Merely submitting the claim form does not endanger your disability or social security claims. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Nevertheless, those survey responses might help give you a starting point! One important issue was decided during the status conference. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Please continue to check this website for updates. 520-2008-00053X. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. Do you need to file an individual appeal from the FAD? The Declaration form is designed to help you go through all the necessary questions in an efficient manner. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. To learn more about the case, please visit NRPclassaction.com. We strongly recommend that you do not opt out of this process. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. At Thomas & Solomon LLP, we forcefully protect those rights. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. NRP Class Action is being handled by Thomas & Solomon LLP. However, attorneys and staff are working remotely, and we are monitoring our voicemail. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. We greatly appreciate the Judges efforts. My Supervisor complained about my limitations. Today we had another video conference call with the Administrative Judge. Postal Service who have been subjected to [] We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. We continue to fight for justice for all of the claimants in this case. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. Over the next few weeks, we will be sending out new forms to many of our clients to complete. Please know that we are fighting for you, just as we have done for over 10 years. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Please continue to monitor this website for further updates. Thank you. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. You can see the order by clicking here. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. You are also allowed to use your own paper. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation.
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