posted
Hello. I am going to investigate this but I am wondering does anyone know, does the ADA consider Lyme disease a disability?????
I would think so...especially with neuro, there is a certain learning disability there with organization (or the lack of!) and the myriad other things....even if not, for the fatigue (and pain).
Trying to sort through this with my employer at least imploring them to right now let me go down to 32 hours, which will still be more that I can/should do, but will help keep insurance for awhile.
posted
My husband just beat a disability case. It took a long time but we beat it. In the hearing room the Judge asked if there was anything else we would like to point out and our Lawyer said yes. In the disability guidelines book there is sections about the side affects of lyme. When you go for disability you wont get anywhere by saying IM DISABLED BECAUSE OF LYME.
You have to explain your symptoms. What they are how they affect you and have doctors to stand by you. We had documents from every doctor visit to every hospital visit and ambulance ride.
But to answer your question YES there is something about lyme in the guildelines they go by to determin disability.
Joyce
Posts: 34 | From MASS | Registered: Sep 2005
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robi
Frequent Contributor (1K+ posts)
Member # 5547
posted
The ADA doesn't list specific diseases as disabilities. It is an individualized determination. The question is: whether you are substantiallly impaired in a major life activity.
If so, then you may have a disability, but you still have to be able to do the essential functions of the job with or without reasonable accommodation.
Does your office have an EEO officer or can you work with Human Resources? If your employer does not have at least 15 employees then it is not covered by the ADA but might be covered by state law. If it is covered your local Equal Emploment Opportunity Comission Office (EEOC) might be able to help you out.
I beleive the above refrenced guidlines that bryteeyez808080 is talking about are Social Security Disability guidlines and not ADA. They are different.
robi
-------------------- Now, since I put reality on the back burner, my days are jam-packed and fun-filled. ..........lily tomlin as 'trudy' Posts: 2503 | From here | Registered: Apr 2004
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If I am reading your post correctly, you are confusing the SSDI application process which determines if you will receive SSDI benefits based on your inability to work with the ADA (Americans With Disability Act) which applies to accommodating workers on the job who have disabilities but remain able to work with reasonable accommodations by the employer.
-------------------- Suzanne Shaps STAND UP FOR LYME Texas (www.standupforlyme.org) (Please email all correspondence related to protecting Texas LLMDs to [email protected] with copy to [email protected]) Posts: 977 | From Austin, TX, USA | Registered: May 2004
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I wonder if it might mean that if it IS a disability (which, gosh darn it we all know it IS)...and I really want to remain employed at least half time, I wonder if they would continue to allow insurance benefits even if going down to part time??
And about social security disability and the unemployment claims, if I have to quit my job I wonder if I would be eligible to file for unemployment of if they woul dhave to fire me?
lymie tony z
Frequent Contributor (1K+ posts)
Member # 5130
posted
This is a very tricky issue.....
I HAD the EEOC investigate my claim of discrimination and they found evidence of age and disability discrimination......BUT they would'nt take the case to court with me. ....go figure.....
sooo if you get a real hungry lawyer you may win...a lot of railroad workers have won lyme legal battles......
I had a good christian lawyer but he was swamped by the company lawyers and at the time I was a poor witness....lyme and meds....so watch out...
As far as ada, yes but the accompanying dissabilities must be documented...
ssdi no....but as stated above....what are your disabilities..why can't you perform your job..... kind of thingy personally the ssdi did'nt approve my disability till after I had replacement knee surgery....zman
-------------------- I am not a doctor...opinions expressed are from personal experiences only and should never be viewed as coming from a healthcare provider. zman Posts: 2527 | From safety harbor florida(origin Cleve., Ohio | Registered: Jan 2004
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chroniclymie
Unregistered
posted
if you can work but at a decreased capacity then you can apply for partial ssdis and work part time. you have to go thru the whole 2 years proicess but you can get back benefits 1 year. there is a provision in the ssids act that allows you to work part time and still get ssds and payed from your employer. you should look into a private disabilty policy ,its expensive, but i get $6000 and month fromthe policy and it increases 4-6% every year do to a rider i purchased. you can only purchase 60% of your salary disability insurance, your company may offer it ,if they do i would think of getting it while you still semi- healthly, who kbows what the future will bring, hopefully a cure.
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posted
Try the Social Security Online site. Address: www.ssa.gov. When you find the disabilities link, click on more information.
Posts: 422 | From Herndon, Virginia | Registered: Oct 2005
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Monica
Frequent Contributor (1K+ posts)
Member # 224
posted
If you have symptoms that cause you to be disabled, then yes, the ADA can be involved, BUT your employer has to employ a certain # of people to fall under the Act.
Posts: 1757 | From Somerset County, NJ | Registered: Oct 2000
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bettyg
Unregistered
posted
turtle,
IF YOU ARE TRYING TO GET SS DISABILITY INSURANCE or LONG TERM DISABILITY BENEFITS ================================================== This message is sent upon subscription, and again monthly. Please let the moderators know if any of the links have changed.
There are many more links, as well as advice, in the "useful" messages in the Files area of the website. Go to http://groups.yahoo.com/group/Disinissues and click on Files.
BETTY NOTE: Look at the female MD's DETAILED BACKGROUND right below this paragraph. Print off her detailed responses as to why she could NOT do her job, and then apply that to YOUR own job as to why you no longer can do any type of sustainable work now nor in the foreseeable future!
Betty's note: Here is EVERYTHING about the complete SSDI process; their rules/regulations! BOOKMARK IT PLEASE as you will come back often to read up on the next steps! http://www.ssa.gov/OP_Home/cfr20/404/404-0000.htm
These links are a compilation of several areas of interest which are commonly requested and mentioned. They reflect the collected wisdom of this group. Check them out - you just might find the information you were looking for! Take a look at Files that are not specific to your situation, because they might be helpful anyway - what works for Social Security may work for LTD claims, what applies to CFS may apply to your medical condition.
The Welcome Message and Group Guidelines are also in Files, if you need a refresher on how this group works. You must register with Yahoo to use the website, but note: Be careful not to permit your address to be put into the directory when you register. Put as little as possible into your public profile. You do not need a Yahoo address to use the website. Your email address is what Yahoo calls your "alternate address."
DO NOT FORWARD ANY MESSAGE FROM Disinissues WITHOUT PRIOR WRITTEN PERMISSION FROM THE AUTHOR Do not distribute any member's email address.
NO MESSAGE ON THIS LIST IS TO BE CONSTRUED AS LEGAL ADVICE --------------------------------------------~-> Yahoo! Groups Links To visit your group on the web, go to: http://groups.yahoo.com/group/Disinissues/ To unsubscribe from this group, send an email to: [email protected] Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
An online friend of mine from disinissues web site posted this info today, so I have copied it over here.
Subject: fibro/CFS disability info [Disinissues] what does an Functional Capacity Exam entail?
Lyme, fibro, & CFS support group members who are/will be filing for SS Disability insurance benefits, please go to the web page shown below.
There were 9 pages of info I printed below area where you can order from fibro network a 70 page packet. I too plan on including this info when I send my FINAL packet of info to chief alj before my June 16, 05 hearing...my last chance! =======================================
Please read the site mentioned on: WHY DISABILITY TESTING FOR FMS IS OFTEN MISLEADING ADVICE FOR FM/CFS PATIENTS AND THEIR DISABILITY TEAM.....
Also after this article are the following articles:
WHAT COULD BE CAUSING DELAYED-PHASE FLARES?
BENNETT'S METHOD FOR ASSESSING FUNCTION IN FMS..
TECTONIC CHANGES IN DISABILITY LAW by lawyer Joshua Potter, CALIF.
MEDICALLY DETERMINABLE IMPAIRMENT REQUIREMENTS FOR CFS & FMS
DOCUMENTIONATION...VIEW IT AS AN INSURANCE POLICY
I printed this out in larger print for my eyes....9 pages! Will read it thoroughly and mark up 2nd copy to go to ALJudge for my 2nd hearing as medical evidence also....
http://www.ilads.org/brochures.html The following is an announcement from ILADS: What you need to Know about ILADS and Lyme Disease and What Psychiatrists Should Know about Lyme Disease are now available in a PDF file on the ILADS web site (www.ILADS.org). They are in a printable version so that if you have a color printer, you can print them up yourself
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posted
I dont think so. They dont care what the name of your illness is just the symptoms that make you unable to work.
Some lyme patients are not disabled and manage to work so it has to be the symptoms of each individual.
When I applied I listed every symptom I had, didnt have a lyme diagnosis yet, and I got it first time, not lawyer.
I did have a sleep doc who went to bat for me and that make a difference having a doc on your side. If fact I was so out of it when I had to close my business it was the doc who told me to file. My brain was so tired it didnt even think of it.
I just knew I couldnt function another day and it I would up in a shelter then that was my destiny and I couldnt help it. Thank goodness that wasnt my destiny.
Posts: 561 | From connecticut | Registered: May 2004
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livinlyme
Frequent Contributor (1K+ posts)
Member # 3773
posted
IN my personal opinion it is depending on the doctor where you win.
If you dont have a doctor that is willing to fill out their reports you will be denied. If you have one that fills out the reports and does not beleive that you are disabled they will not file it in favor of your appproval and then you will go to one of the SSA doctors who is not experienced or familar with your case and they will also most likly report you are not disabled.
I know my children were picked up on child disability and now were are being reviewed for Disabled Adult Child and it is not looking good. I was denied in 1997 after an automobile accident in 1995 and had 2 back surgeries in 2000, but they said I could work. I could 18 months after the surgery!
But not before that. I went into 15,000 of debt from being out of work that long and living off my credit cards. I became worse after returning to work for 2 years and applied again, since I need more back surgery, they are not sure that my pain stems from my herniated discs alone they think it may be the heavy scar tissue at the previous surgery sites.
SSA denied me again, this time I have a lawyer and I appealed but it might take as long as 3 years before they hear me. I hope I will have had my back attended to by then and I am able to return to work, but until this happens, I will not drop the case!!
-------------------- "Hatred paralyzes life; love releases it. Hatred confuses life; love harmonizes it. Hatred darkens life; love illuminates it." Posts: 1389 | From who knows, who cares, but somewhere over the rainbow | Registered: Mar 2003
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Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
While Lyme disease is not mentioned as a disability it certainly has many facets of disabliing conditions: anxiety, migraines, depression, chronic fatigue, chemical sensitivities, neurological conditions etc........
The Job Accommodation Network is a service of the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor. JAN is one of several ODEP projects. JAN's mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members and other interested parties with information on job accommodations, self-employment and small business opportunities and related subjects. JAN's efforts are in support of the employment, including self-employment and small business ownership, of people with disabilities. JAN represents the most comprehensive resource for job accommodations available. JAN's work has greatly enhanced the job opportunities of people with disabilities by providing information on job accommodations since 1984
JAN's work helps: People with Disabilities
Become educated about their rights under the Americans with Disabilities Act and the Rehabilitation Act; Acquire accommodation options; and Learn about other government and placement agencies.
Gail
-------------------- Strength does not come from physical capacity. It comes from an indomitable will ~ Gandhi Posts: 562 | From Wellsville, PA, USA | Registered: Jan 2004
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Thanks all! Excellent...of course you know my lyme brain has not registered some of this but it is perfect to know it is here to come back to and read.
I have 3 weeks til I start probable shots first having to rule out babesia. And at work doing 40 hours has become IMPOSSIBLE for me and my employer was ready to hang me out to dry, sell me down the river. But my llmd wrote a note to them and they have changed their tune. They as of yesterday are allowing me to go down to 32 hours which will still be a challenge but I can keep insured.
Once I start the multi abx with shots approach things may change. after 5 weeks i already had 2 (1 severe) neurological herx so I do not know what to expect for when the difference more intese treatment begins I may not be able to work at all.
According tothat list, I DO ahve disability for sure. But this 32 hr work week will allow me to hold the job for the time being and as long as I take the measures to inform and act then I do hope this will all pan out according to how it is meant to.
Cannot say I am not afraid a little of the more aggressive abx combo to start up but I do intend to get to the other side of this knowing after having it 3 decades it won't just go away in a month or two!
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