0520090280
04-29-2009
Cynthia L. Nunes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Cynthia L. Nunes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090280
Appeal No. 0120090199
Agency No. 4F913013207
DENIAL
Complainant timely requested reconsideration of the decision in Cynthia
L. Nunes v. United States Postal Service, EEOC Appeal No. 0120090199
(January 27, 2009). EEOC Regulations provide that the Commission may,
in its discretion, grant a request to reconsider any previous Commission
decision where the requesting party demonstrates that: (1) the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or (2) the appellate decision will have a substantial impact on
the policies, practices, or operations of the agency. See 29 C.F.R. �
1614.405(b).
In our prior decision we affirmed a Final Agency Decision (FAD) that
determined that the agency was in compliance with an October 31, 2007
settlement agreement (agreement) between the parties. Complainant had
alleged that her disability retirement was denied because of actions
of the agency. In our decision we noted that agency officials had not
refuted or challenged complainant's application for disability benefits,
and that it was the Office of Personnel Management (OPM), not the agency,
that had declined complainant's application. The record further indicates
that the August 25, 2008 OPM decision was based on its determination that
the medical documentation submitted by complainant did not adequately
support her claim for disability retirement. The record also indicates
that once complainant filed an appeal with OPM, postal management
submitted additional statements in support of complainant's claim.
After reconsidering the previous decision and the entire record, the
Commission finds that the request fails to meet the criteria of 29
C.F.R. � 1614.405(b), and it is the decision of the Commission to deny
the request. The decision in EEOC Appeal No. 0120090199 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1008)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request from the Court that
the Court appoint an attorney to represent you and that the Court also
permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended,
29 U.S.C. �� 791, 794(c). The grant or denial of the request is within
the sole discretion of the Court. Filing a request for an attorney with
the Court does not extend your time in which to file a civil action.
Both the request and the civil action must be filed within the time limits
as stated in the paragraph above ("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
April 29, 2009
__________________
Date
2
0520090280
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090280