Transfer needed, getting kickback from gov officials

Background: my, now 7 year old, suffers from really bad asthma triggered by cold weather. His Dr concurs that he is no longer manageable in the mid atlantic region of the US (where i live and work). My employer (us government) has a sub section written into our contract which states i would eligable for a hardship transfer only if my sons condition is serious in nature, and that treatment of the condition is no longer available at my current location.

We now are prepping for legal action and I am in need of supporting documentation, (published medical documents, opinions of doctors in the field and location) we are trying to transfer to the Tampa/Gulf Coast area, based on recommendations of available open source and his condition improvement while visiting. 

Every year the cold weather creeps in and my son developes bronchitis which turns into pneumonia despite the 6 inhalents and high powered antibiotics (all of this affects his internal organs and digestive system. Not to mention his ability to focus during school) my Dr has deemed his relocation a medical necessity. 


Any help would be greatly appreciated, 





Comments 21

  • Pljohns

     to you and your son!  I hope you are able to get this accomplished as quickly as possible for your son and hope your employer will help.

  • K8sMom2002

    Hugs, Chris … that is tough! I hope you can get your bosses to see it from your point of view. 

    I'm no lawyer, so I can't offer legal advice, but I can offer encouragement. 

    I would definitely encourage you to seek out an attorney who specializes in this area of the law. 

    As for scholarly articles (articles from medical journals), a few tips come to mind to help your search:

    • Use Google Scholar.
    • In the Google search window, you can preface "scholarly articles about …" whatever you're looking for. 
    • With open access, lots of so-called scientific journals have sprung up that will accept any "study" or article submission for a hefty fee — it's kind of like vanity press for researchers. It's hard to tell if a study or journal is legit on the face of it, because the name can sound very authentic and "science-y."

      Here's a link to , a list of pseudo journals that exchange publication for a fee. I tend, when I read an article about a medical advance or study , to go back to the original study and see what journal it was published in. From now on, I'll cross check that journal name with the ones on Beall's list.

      Just my two cents.

  • K8sMom2002

    Oh, and one other tip that I know you've probably already talked with his doctor about — it sounds like you are on top of things!

    Has your son received his ? I know that I am in a similar situation as your son — cold weather/upper respiratory infections morph into asthma flare and bronchitis which morphs into pneumonia. The last time I had pneumonia (last May!), my doctor strongly recommended that I take the pneumonia shots. 

    I've had the first one, and next year I'll have my second one. 

  • Jen

    Hi Chris,

    Welcome to AAFA's asthma support forum.  It does, indeed, sound like a move would be good for your son.  Has your employer flat out denied the transfer or do they just need more documentation?

  • CJSouthJersey

    They have denied the transfer request twice, we are now on track to an arbitration hearing to basically overturn their denial. My guess is they want someone from a medical profession to state that my sons illness can not be treated properly while living in this environment. They are also looking for evidence that the Gulf Coast of FL would be beneficial in the treatment of it as well.

  • K8sMom2002

    What sort of evidence are they looking for to determine that the Gulf Coast of FL is beneficial? Will your doctor issue a letter stating that his asthma would be benefited by a move to a location with a warmer winter?

    I will play devil's advocate for a bit and point out a couple of things — 1) according to the , the percent of current asthma patients in Florida is similar to the percent in Maryland and DC. And 2) the who self-report fair or poor health is slightly higher in Florida than in Maryland or DC. 

    Also, as a lifelong southerner who has long had asthma, I can tell you that our muggy air and hot temps can be just as hard on the lungs as cold air. Also, since we don't have hard winters here, our grass, weed and tree pollen seasons start earlier and last longer. 

    BUT you have pointed out that he seemed to do much better on trips there, so it MUST agree with him. 

    Would it help to show that that area wouldn't have the same allergic triggers? I know that  will show you what's blooming out on a given day, but I don't know if the website will allow you to check for detailed pollen information of past days. 

    will allow you to check temps and climate for historical dates. You just look it up by location and click the "history" tab. That may help you compare what the weather was like in both places during the times your son was going through his worst flares. 

    Hugs … keep us posted on how your "closing argument" comes along!

  • CJSouthJersey

    Currently entering the final stages of our grievance process, if not resolved at this level it goes to an arbitrator. We have backed his doctor recomnendation up with the concurrance of his Asthma specialist and provided it as well. My wife and children will be departing to Florida so my son can have a normal childhood with less medication, this unfortunately comes with the absence of me his father. We pray the government does the right thing in this situation and grants the transfer. Untill then we will keep our heads up and keep moving forward. 

  • Jen

    I hope that everything works out in your favor.  Being separated from your family certainly isn't ideal.  How long do you have until you know if it will go to an arbitrator?

  • Kathy P

    Hugs – I hope the move will be a huge improvement! So sorry that they need to move without you for the time being. Fingers crossed that the transfer is granted. 

  • K8sMom2002

    Hugs … any possibility of simply getting another position in Florida? I know I would hate to give up the benefits and the retirement if I had a lot invested in a company, but who knows? Maybe there's a better, more understanding employer in Florida that is in need of someone with your talents! 

  • K8sMom2002

    Just checking on you guys, @CJSouthJersey … hoping that you have received the transfer that you needed!

  • CJSouthJersey

    Have not received the transfer as of yet, still battling it out. We have made the family decision to relocate my wife and kids. I can only hope that soon i will be able to join them. I believe once there my wife is going to inquire with the counselman for Tampa as well, see if he/she can help. We havent hit arbitration yet, if it goes that far the projected date for the hearing would be sometime next March or later. 

  • Kathy P

    Oh wow – that's a long time to wait! It stinks that you've had to make the decision to be separated. My dh and I spent 6 months living in different cities – he moved ahead of me and stayed to finish a project. It was really hard! And expensive with double rent and other expenses. I hope you can get resolution sooner than March!

  • K8sMom2002

    That stinks, CJ! Kathy P is right, that's a long time to be separated. I hope the person from Tampa can help. How's your family doing? Are they settling in?

    And will you be able to travel down to see them during time off?

  • K8sMom2002

    @CJSouthJersey, thinking of you guys this holiday weekend and hoping that you were able to travel to be with your family! 

  • Jen

    @CJSouthJersey Has your wife been able to talk to anyone in Tampa?