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Questions

  1. What is the Pittman Class Action?
  2. Am I a member of the Pittman Class Action?
  3. When was the Pittman Class Action settled?
  4. What are the key terms of the settlement agreement?
  5. How will Potential Class Members be notified of their rights and responsibilities to participate in the Settlement?
  6. What do I do if I do not agree with the terms of the Settlement Agreement?
  7. If I filed an objection in the Walker Class Action do I need to re-file my objection in the Pittman Class Action?
  8. If I do not wish to file an objection, am I required to do anything now to participate in this settlement?
  9. How are objections to the Settlement agreement handled?
  10. When will I receive a Claim Form and Release?
  11. How do I file a claim for monetary relief in this case?
  12. What happens if the EEOC does not grant final approval of the Settlement Agreement?
  13. Once I file my Claim Form and Release, what happens next?
  14. Do I have to be a member of this class to file a claim form?
  15. What documents do I need to file if I wish to make a claim for monetary relief?
  16. What do I have to do to prove my claim?
  17. Can I file a claim if I no longer work for the USPS or only worked there a short time?
  18. What if I am not sure if I was a permanent rehabilitation employee?
  19. Who is Class Counsel?
  20. How long will the settlement process take?
  21. Will I be notified if my initial claim is denied?
  22. Do I have to pay taxes on the settlement share I receive?
  23. How much money will I receive?
  24. How long will it take for me to receive my settlement award?
  25. Do I need an attorney to represent me at this time?
  26. Will individuals who are now deceased be able to receive monetary relief in this claims process?
  27. Can I "opt out" of the settlement?
  28. Where can I get additional information about the claims process?
  29. Can I call the Administrative Judge to discuss this Case?

Answers

  1. What is the Pittman Class Action?

    PLEASE BE ADVISED that for technical reasons Edmond Walker has been replaced as Class Agent by R.J. Pittman in the matter formerly captioned Walker v. Donahoe, EEOC Case No. 541-2008-00188X, and now captioned Pittman v. Donahoe.

    This substitution was made as a result of Mr. Walker.s voluntary participation in other legal proceedings which affected his ability to continue as Class Agent. The substitution does not affect the legal rights of class members or their recovery, except that it does cause some minimal delay. However, in order to avoid even more lengthy delay, the parties agreed and the judge approved this substitution.

    As certified by the Equal Employment Opportunity Commission (EEOC), the Pittman Class Action (formerly Walker Class Action) alleges that the Postal Service violated the Rehabilitation Act of 1973 by restricting the duty hours, including overtime, of employees with disabilities in permanent rehabilitation positions/assignments during the period March 24, 2000 through December 31, 2012.

  2. Am I a member of the Pittman Class Action?

    You are a Potential Class Member if you were a Permanent Rehabilitation Employee between March 24, 2000 and December 31, 2012. A Permanent Rehabilitation Employee, for purposes of this Settlement Agreement only, is any current or former USPS employee whose USPS employment records reflect that they have an Office of Workers' Compensation Programs accepted claim arising from a workplace injury, reached maximum medical improvement, and participated in the USPS Injury Compensation Program, including employees whose Postal Service employment records reflect an employee status code of LDC 69 and/or an employee status code of RC and /or RD.

  3. When was the Pittman Class Action settled?

    The Pittman Settlement Agreement was reached on October 1, 2013. The EEOC gave Preliminary Approval of the Settlement Agreement on October 23, 2013.

  4. What are the key terms of the Settlement Agreement?

    Without admitting liability, the Postal Service agreed to pay the Class $17.25 million dollars to resolve the claims of 40,898 Potential Class Members.

  5. How will Potential Class Members be notified of their rights and responsibilities to participate in the Settlement?

    In the coming weeks, Potential Class Members will receive a Notice of Resolution in the mail. The Notice of Resolution explains key aspects of the case, the terms of the Settlement Agreement, and the rights and responsibilities of Potential Class Members, including the right to participate in monetary relief and/or to object to the Settlement Agreement terms.

    If you do not receive a Notice of Resolution by December 1, 2013 and believe you meet the definition of a Potential Class Member, you may contact Class Counsel by email at pittmanclass@outlook.com, by telephone at 1-800-280-8301 or send a fax to 303-927-3860.

  6. What do I do if I do not agree with the terms of the Settlement Agreement?

    You may file an objection to the Settlement Agreement within thirty (30) calendar days of your receipt of the Notice of Resolution. Your letter should state your objection and the reasons for your objection. Your letter should include your name, address, telephone number, e-mail address, and your signature. You must mail a copy of your objection to the Class Administrator and the EEOC Administrative Judge.

    Class Administrator
    Pittman v. Donahoe Class Administrator
    Post Office Box 869
    Tallahassee, FL 32302-0869

    EEOC Administrative Judge Kathleen Mulligan
    EEOC - Los Angeles District Office
    255 E. Temple St., 4th Floor
    Los Angeles, CA 90012

  7. If I filed an objection in the Walker Class Action do I need to re-file my objection in the Pittman Class Action?

    If you filed an objection to the Walker Settlement Agreement, your objections to the Walker Settlement Agreement will automatically be considered by the EEOC as objections to the R.J. Pittman Settlement Agreement, unless you specifically notify the EEOC that you would like to withdraw your objection. In addition, you may also amend or supplement your objection to the Walker Settlement Agreement if you object to the terms of the RJ Pittman Settlement Agreement. Further, you can file a new objection to the R.J. Pittman Settlement Agreement. The objection process is detailed in the Notice of Resolution. Objections must be postmarked by December 6, 2013.

  8. If I do not wish to file an objection am I required to do anything to participate in this settlement?

    You are not required to do or file anything at this time. If the EEOC grants Final Approval of the Settlement Agreement, the USPS will mail Notice of Final Agency Action along with a Claim Form and Release to all Potential Class Members with instructions on how, when and where to timely submit the completed form in order to ensure any claim to monetary relief under the Settlement.

  9. How are objections to the Settlement Agreement handled?

    The EEOC Administrative Judge will consider objections to the Settlement Agreement and the positions of the Postal Service and Class Counsel regarding those objections in determining whether to grant final approval of the Settlement Agreement.

  10. When will I receive a Claim and Release Form?

    When the EEOC Administrative Judge grants final approval of the settlement Agreement, the Claim and Release Form will be mailed to all potential class members.

  11. How do I file a claim for monetary relief in this case?

    If the EEOC grants Final Approval of the Settlement Agreement, the USPS will mail Notice of Final Agency Action accepting the Administrative Judge's Final Approval along with a Claim Form and Release to all Potential Class Members with instructions on how, when and where to timely submit the completed form in order to ensure any claim to monetary relief under the Settlement.

    The only form required to be filed is the Claim Form and Release. Filing of the Claim Form and Release preserves your right to participate in this Settlement. Again, until you have been notified that the EEOC Administrative Judge has granted Final Approval and receive a Claim Form and Release in the Mail, you do not need to do anything to claim monetary relief.

  12. What happens if the EEOC does not grant final approval of the Settlement Agreement?

    The Settlement Agreement is void and litigation of the Pittman Class Action resumes. Potential Class Members would not receive monetary relief unless and until the EEOC rules in favor of the Class, which could take years.

  13. Once I file my Claim Form and Release, what happens next?

    Once you file the Clam Form and Release, Class Counsel will evaluate each claim to determine if you are an eligible class member and if your claim is otherwise valid. An eligible class member is a Potential Class Member who submits a timely Claim Form and Release and is determined by Class Counsel to be eligible to receive compensation. If it is determined that you are an eligible class member, Class Counsel's statistical expert will calculate each eligible class member's settlement share award.

  14. Do I have to be a member of this class to file a claim form?

    You must be a Potential Class Member as set out in question number 2 above to participate in the claim process.

  15. What documents do I need to file if I wish to make a claim for monetary relief?

    You only need to file a timely Claim Form and Release. You are not required to file any additional documents to ensure that your claim is timely filed. At a later time, you may be asked by Class Counsel for additional documentation to verify eligibility. For example, Class Counsel may request additional information or documentation from a Potential Class Member to explain any discrepancies between the information provided in the Claim Form and Release and any personnel data in Class Counsel's possession.

  16. What do I have to do to prove my claim?

    The parties have agreed that in order to become eligible for relief in this case you must affirmatively respond to all questions listed on the Claim Form and Release.

  17. Can I file a claim if I no longer work for the USPS or only worked there a short time?

    Yes, so long as you meet the definition of a Potential Class Member in number two above and were employed as a permanent rehabilitation employee at some time between March 24, 2000 and December 31, 2012, you may file a Claim Form and Release.

  18. What if I am not sure if I was a permanent rehabilitation employee?

    Class Counsel can help you determine if you were a permanent rehabilitation employee during the class period.

  19. Who is class counsel?

    They are the lawyers who represented the class agents and were appointed by the EEOC Administrative Judge to represent the class. You may contact Class Counsel online by email at pittmanclass@outlook.com by telephone at 1-800-280-8301 or send a fax to 303.927.3860.

  20. How long will the settlement process take?

    It depends upon how many claims are filed and whether there are objections to the settlement. The process may be lengthy, lasting one or more years.

  21. Will I be notified if my claim is denied?

    Yes, you will be notified by Class Counsel.

  22. Do I have to pay taxes on the settlement share I receive?

    Yes. Class members will ultimately be responsible for the payment of any federal, state, or local taxes on awards and the USPS will make no representation as to the tax status of any payment.

  23. How much money will I receive?

    The amount of money you may recover is dependent on several factors including, but not limited to, the number of years you were a Permanent Rehabilitation Employee and the number of eligible claims made in the process. Therefore, it cannot yet be determined how much money each eligible class member may receive.

  24. How long will it take for me to receive my settlement award?

    Settlement Award checks will not be mailed out until 300 days or longer after the Notice of Final Agency Action and Claim Form and Releases are issued, depending on whether an appeal or federal court complaint is filed that challenges the validity of the Settlement. Again, this process could take years.

  25. Do I need an attorney to represent me at this time?

    No. Class Counsel may assist you in filing initial claims. If you decide to hire your own attorney, you will be responsible for any attorney fees for that attorney and will not be reimbursed.

  26. Will individuals who are now deceased be able to receive monetary relief in this claims process?

    Yes. If a Potential Class Member is deceased, his or her estate may participate in the Settlement by submitting a timely Claim Form and Release and a Form SF 1153.

  27. Can I "opt out" of the settlement?

    No. EEOC regulations do not permit Potential Class Members to opt out of the Settlement. The EEOC regulations state that "an Administrative Judge's finding that a resolution is fair, adequate and reasonable binds all members of the class."

  28. Where Can I Get Additional Information About the Claims Process?

    You may obtain additional information about the claims process by reviewing the settlement agreement at www.pittmanclass.com. You may contact Class Counsel by email at pittmanclass@outlook.com by sending a fax to 303.927.3860 or by calling Class Counsel toll free at 1-800-280-8301.

  29. Can I call the EEOC Administrative Judge to discuss this case?

    No, all questions should be addressed to class counsel (see #28 above). All objections to the settlement must be sent in writing to the EEOC Administrative Judge and the Class Administrator at:

    EEOC Administrative Judge Kathleen Mulligan
    EEOC - Los Angeles District Office
    255 E. Temple St., 4th Floor
    Los Angeles, CA 90012

    Class Administrator
    Pittman v. Donahoe Class Administrator
    Post Office Box 869
    Tallahassee, FL 32302-0869