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Old 07-30-2007, 10:58 AM #1
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Default Disabilities question........

Hi all,
Does anyone know if Neuropathy (not specifically diabetes Neuopathy but Neuropathy in general) is covered by the Americans with Disablities Act? I am going to try to get my Principal at the school I work at, to let me work half days for a while to see if I can handle it or not, taking my pain meds.
If you know can you give me the specifics of where it's at in the ADA.....Thanks! Roxie
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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 07-30-2007, 11:22 AM #2
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Quote:
Originally Posted by Roxie2007 View Post
Hi all,
Does anyone know if Neuropathy (not specifically diabetes Neuopathy but Neuropathy in general) is covered by the Americans with Disablities Act? I am going to try to get my Principal at the school I work at, to let me work half days for a while to see if I can handle it or not, taking my pain meds.
If you know can you give me the specifics of where it's at in the ADA.....Thanks! Roxie
An exerpt from EEOC:

http://www.eeoc.gov/types/ada.html

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.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
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Old 07-30-2007, 08:20 PM #3
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Default Jarrett was right on target about

ADA.
What kinds of issues/problems and the like are going thru your mind when you ask this question? Because if it's the walking and steps that are issues, there can be easy changes made, if it's the hours standing for your job, and wheelchair accessiblity - some things can be changed and modified easily, usually without a great deal of effort or expense.
By putting out your problems, we all can help you find the resources you need to get you thru all this.
Take super good care now! - j
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Old 07-30-2007, 08:44 PM #4
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HI J,
I'm worried that I don't have the stamina to work a full day in special education Life Skills right now. I want to ask my Principal about working only half days. I'll have to take one afternoon a week off anyway because of my infusion (the company that sends out the nurse is only open Mon-Fri.)
I want to tell the Principal I have Neuropathy and because of the accompaning nerve pain and lack of stamina I am not able to work a full day. Any suggestions??? Thanks! Y'all are great!
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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 07-30-2007, 08:52 PM #5
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Roxie,

A qualified individual with a disability is defined under ADA as someone who can perform the essential duties of the job, with or without reasonable accommodation. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities. While the ADA lists some categories of impairments, it does not list diseases or illnesses. Each disability is handled case by case.

The definition of disability would seem to work in your favor, as long as there is a documented history. However, you can't use the ADA to limit the amount of days or time you work. The first part of the definition means that you need to be able to meet all job obligations listed for your particular job.

If there is some way that accommodations would help you perform your work full-time, then you may very well have legal standing. Otherwise, you would need to pursue other disability options, as apply in your school district, locality, state and so forth.

Based on what you say so far, it seems you are doing the right thing by trying to work with your principal and forge a solution that would allow you to work less than full-time. I know others here have been in the same situation and perhaps have advice to offer. I know that this is can a sensitive area about which to post. You really do need to be careful in what you divulge, but on the other hand, the more you can say, then the more suggestions you will get.

rafi
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Old 07-30-2007, 10:53 PM #6
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HI Rafi and all,
Thanks for your answers. I hope my Principal will be willing to work with me, at least for a few months. I'm trying to do what I can to make him happy and hopefully he'll do the same.
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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 07-31-2007, 07:43 AM #7
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Hi. With disability I think some depends on luck and less of issues. I know some people I was inpatient with for eating disorder had been on it for a long time and others who were more extreme couldn't get it. I had thought of trying when I had that issue and have the paper work I had to fill out. I would try to talk to your principle so if things don't work out you can have your docs start the paper work. I'm sure it can take a while like all things I would think especiallly since you have been having the ivig you may have a lot of luck with coverage. I do think your health is number 1 and rushing to work and getting overwhelmed physically and mentally may make things worse in the long run. Not with this issue but in my past I have rushed recovery to end up backsliding. Your health is number 1 and state your needs. Take care
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Old 07-31-2007, 12:30 PM #8
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I would be 'wont' to disclose your PN disability to co-workers.
This is a 'no-see-um' disease and is not understood very well
by the general public. It sometimes can create adversarial conditions because they are not able to understand why you have a disability and no amount of trying to make them understand will help. It is difficult enough to try to make spouses and loved ones understand. That's why we come here.
We do understand.
If your principal is not easy to work with, you would have to go
to the school system to be made eligible for application as a part-time worker. You may find that you may not be welcomed back - at the same school.
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Old 07-31-2007, 01:54 PM #9
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We talked with a guy from the National Institute on Disability and Rehabilitation Research about how we should go about talking to my Principal about my disability. He talked with us for 50 min on the phone and gave us a LOT of info and tips. So I think we're prepared to talk to the Principal. If the Principal isn't receptive to the idea of my working part time for now, then we'll take the next step with a much stronger letter to the School District. I've worked for the district for 13 yrs now so I hope that has a little impact on keeping my job position.
He also told us that I should file now for SSDI, so we printed off forms for that. If any of you have tips on filing for SSDI we'd love to hear them! He said it's much better to print off the forms and fill them out at home so you have time to think about answers as opposed to doing the interview over the phone and having to come up with answers quickly. So that's what we're going to do.
__________________

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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 07-31-2007, 02:50 PM #10
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Social Security Disability (me and Alan are on it), usually takes 2 years from when you first apply. The only two times you get it immediately is if you have ALS, or end stage renal failure (because dialyisis is medicare run), now don't ask me why this is, this is what the people at the Social Security Office told me.

Now I had to do the 2 year wait thing. I went down, I was examined, (not for neuropathy but for degenerative joint disease), They make you jump through hoops, they make you see their psychiatrist), who tells you a bunch of numbers in sequence and then makes you repeat them back to him. This is how it was for me.

Now Alan, is a completely different story. He was approved almost immediately. 5 years ago, he applied, they sent him to their medical examination place. The guy gave him an emg, stated out loud "Oh my god, you don't feel this??" and he was approved immediately. But it takes approximately 6 months after you get approved to get your first check. Alan got approved and got his first social security check 6 months later. And he got medicare two years after that. The only time you get immediately on medicare is if you have ALS or end stage renal failure.

Me, I waited the two years (had to go to a lawyer who specializes in disability), I got approved, got the checks.

Oh, by the way, from when you get approved, it takes 2 years to get on medicare. That was how it was way back when.

Don't know if they've changed the rules today.
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