Agency argues complainant initiated therapy only to obtain a monetary award
After complainant was discriminated against and had deteriorated health with medical symptoms, directly related to the discrimination,
the agency countered that the complainant was making this up just to seek a monetary award.
The agency is disgusting in the way they treat their employee’s. I am glad the AJ saw through the agencies bogus claims.
We also find the record devoid of evidence to support the conclusion
that complainant initiated therapy with P1 only to obtain a monetary
award rather than for treatment of his emotional distress. However, the
agency does raise legitimate questions regarding the accuracy of P1’s
diagnosis. On its face, complainant’s self-described symptoms do not
seem to meet the DMS-IV definition of PTSD or an adjustment disorder.
While P1’s Curriculum Vitae (CV) supports the finding that he is a
professional psychologist who is qualified to render such opinions,
complainant’s failure to provide the agency with specifically requested
supplemental and clarifying information certainly weakens the credibility
of P1’s diagnosis.
However, while P1’s diagnosis is questionable, the record nevertheless
supports the fact that complainant experienced substantial emotional
distress following the second and third non-selections which caused him
to see the agency’s EAP office, a family priest and P1 for counseling.9
We also find insufficient evidence in the record to support the agency’s
assertion that complainant’s co-workers are not credible. For example,
we find the witnesses’ opinions in 2002 regarding the basis for the
non-selections not relevant to complainant’s claim for non-pecuniary
damages. In addition, the absence of testimony with respect to emotional
distress during the merit phase of the investigation is not particularly
meaningful either.
reference:
Milton Aponte,
Complainant,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
(Immigration and Customs Enforcement Agency)
Agency.
Appeal No. 01200635321
Agency No. 040228
