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Reply to " You are tentatively eligible for this series/grade but not referred"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous] Well you have the announcement, so tell us if she specifically applied for MSP. It does not sound like it. You haven’t been articulate not clear about many of the details, so what you perceive as people attacking you is their way of trying to get to the bottom of the actual situation (which now looks very different than it did your first post). [/quote] Yes she did, but it wasn't as a military spouse. Its labeled and everyone calls it military spouse preference but it also included spouses of 100 percent disabled veterans. I just haven't been able to find anything to verify their initial response saying they cannot refer ANY applications to the hiring manager if a military spouse preference candidate applies. They are literally saying that its against the law for them to refer anyone else if a military spouse applies. Their exact wording is " By law, qualified Priority Program Preference for Military Spouses block all new appointments to the Federal government, which this would have been a new appointment for you." There are two problems with this statement, first off, I can't find where it states that military spouse preference BLOCKS all other applicants, and the second problem is the Executive order which gives military spouses this preference also includes spouses of 100 percent disabled veterans.[b] I just don't understand why they didn't include her into this category. [/b]Even if they didn't, where does it say in writing that PPP for Military spouses BLOCKS all other applicants? Can I at least get that information? [/quote] NP jumping in. For the bolded part above, is it possible she was found ineligible for the military spouses preference due to the date of your documentation of 100% disability? Seems like there may be a 2 year time window to use that eligibility. See third condition listed here: https://www.opm.gov/policy-data-oversight/hiring-information/veterans-authorities/#url=Conditions [/quote] Thanks for that link, there is a lot of good information there. So my confusion with this is that the information mostly only discusses military spouses. You can only find one reference to the spouse of a disabled veteran, and even the forms you would fill out to be a part of this program have no mention of spouses of 100 percent disabled veterans. She hasn't filled out any special forms to be a part of this because there are no forms to regarding spouses of 100 percent disabled veterans. They do however have to include a DD-214 and the letter from the VA stating the disability rating. It is possible my wife didn't include our marriage certificate, but there doesn't appear to be a 2 year window that applies to spouses of disabled veterans, that only seems to apply to spouses of active duty soldiers on PCS orders. With all that said I have a huge BUT, because HR has specifically told us that they cannot by law refer any applicants to the hiring authority that would result in a new position within the government when there is an eligible military spouse applying. Yet everything I see within OPMs own rules and even reading the EO says otherwise. I personally think it doesn't matter because my wife fits in both categories, but even if she didn't how can they not still at least refer her to the hiring authority? OPM says this. Do military spouses have a hiring preference under these provisions? View less No. Military spouses eligible under this authority do not have a hiring preference by virtue of their eligibility under these provisions. This appointing authority merely provides for non-competitive entry into the competitive service. It does not constitute, establish, or convey a hiring preference. Do eligible spouses have selection priority under these provisions? View less No. Eligible spouses do not have a selection priority over other qualified applicants under these provisions. This appointing authority allows for eligible individuals to be considered and selected for Federal jobs; however it does not convey selection priority to eligible spouses. This authority is an additional non-competitive hiring tool which agencies may use to select qualified, eligible individuals. Agencies are not required to use this hiring authority, nor does it take precedence over the use of other appointment mechanisms. If a military spouse, who is a preference eligible, is competing against an eligible spouse who is not a preference eligible, must agencies apply veterans' preference and pass-over procedures when making a selection under this authority? View less No. Because this authority is a non-competitive hiring mechanism and veterans' preference does not apply to positions advertised via merit promotion or internal placement. The agency can select any qualified eligible spouse. Veterans' preference is not a consideration when filling positions under this authority. So what rules are they applying when they say she can't be referred by law if she doesn't fit into this military spouse category? [/quote]
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