American Disabilities Act and RSD
 

I just found out that RSD is covered under the American Disabilities Act (ADA). I didn't know that and just wanted to post it just in case anyone was interested.:)

What does than mean for us with RSD

All disabilities fall under the ADA. Including CRPS.

I don't know. It was just nice to see rsd recognized as a disability.

I did not know that. Thanks for enlightening me.

CRPS is a very disabling condition. It doesn't just effect the body in the amount of pain we have. It also effects our mental health. Social Security has a code for CRPS for when someone files for disability through them. The ADA covers ALL disabilities not just the visual ones. They cover the invisible ones like ours. If you look at me you will see a pregnant mom thats tired and still keeping up with her very active 2 yr old. You don't see the pain I'm in or the atrophy/edema going on in my legs because I don't wear clothes that leave them uncovered. You will see me use a cane at times and wonder why. People in general see what they want to see. The ADA makes sure we aren't discrinated against just because we don't have a visible disability like a person with Down Syndrome (by the way they have a better grsp on things than "normal" people) or a blind person with a guide dog. For example, you tell your employer that you have this disorder, and have the documentation from your dr. They fire you for absences because of your condition. Thats discrimination, and the ADA will back you as long as you had already talked to your employer and filed away those papers with your employer. They knew about your condition, and because they knew you might need extra time off because of it and they still fired you is discrimination.

Thanks for explaining the ADA. It's good to know.

It is a good thing that they recognize it. Most of my family still doesn't know what it is. They think its JUST arthritis, or a little fybromyalgia, or all in my head, or Im a hypochondriac lol. I do have an Aunt thats a hypochondriac. She now has CRPS also and is on gabapentin like I was lol, or she says she is. She isn't on any prescribed meds for anything except arthritis, and thats tylenol, or aleve. I am glad word of this disorder is getting out more. I have educated my drs that I have right now on this disorder and how it effects me. I am also trying to educate as many people as I can. It's a hard road and with 1 of the largest organizations out there knowing about it does help a lot. With that said I will quit preaching lol. Keep doing what you have to to get the word out and helping each other. :grouphug:

Thanks again for explaining all this to me. It's good to know. I'm not too swift when it comes to understanding all of this stuff and want to learn as much as possible so that I can educate my doctors and family about it. Hope you and your babies are doing well.

Thank you so that means it should be easier for me to get disability benifits sooner no made how I look outwardly. Thank you that me feel better.

SSD still isn't going to be easy to get. It's supposed to be hard to get to weed out the laoafers that just don't want to work. You still have to work at getting and keeping your SSD benefits. I'm working just on getting VA disability then will work on the SSD benefits. The only work I'm qualified for is physical labor and I can't do that with the pain I'm in. I'm not any where near qualified to hold an office job because I get side tracked too easily, and I can't concentrate enough for it. So my next step is getting SSD benefits.

Yes RSD/ CRPS does have a code, HOWEVER the last I knew it was not on the "automatic" list thereby reviewed on a case by case basis-leaving the patient and Docs to prove the case , which in many cases has not been easy!!!!
IF THIS HAS CHANGED , please let me know. Appreciate your imput on this!!! Gentle Hugs-Carol

You are correct. It is not automatically approved. I'm in the process right now. Automatically denied, filed appeal and waiting on hearing. I filed October 2012. My hearing isn't until March 2014.

That is awfull!!!!!! and soooo unfair-why we need more awareness out there!!!!

I was lucky-got approved first try-no attorney- in 20 days! So gratefull.

Would also suggest that you contact/ write to all of your representatives-Senators etc. and tell your detailed story. I know personally that this has worked and gotten approval without hearing.

That really is too long of a backlog, hang in you're almost there.

It is! They have all my records and written statements from my doctors stating I can not work.

In my denial it says they agree I can not work at any of previous jobs, but due to my work history, age and education I could do something they even said specially light duty using my hand for fingering/handling (or something along those lines). I have no feeling in my dominant RSD hand. Basically what they listed is all the things I CAN'T do. Not to mention they couldn't even be bothered to have one of their doctors even exam me.

Did you go into a detailed description of your RSD symptoms and life changes or just state you had it. I have not applied yet and also live in KY. I think it varies from state to state. How long have you had it? Did you apply online or by phone?

Everything was VERY detailed. My long term disability company provided representation for me. They assisted in filing the original claim and making sure all the questionnaires for follow up, etc. were answered completely and appropriately.

I have not been working since September 2011 when I had my 2nd surgery. I believe the RSD started then. I had another surgery January 2012. The RSD was officially diagnosed in May 2012. In addition to the RSD I have nerve damage in the same arm. Severe tendinitis in the right arm, RA, chronic migraine, tarsal tunnel and plantar facitis and a bone spur m IBS and I'm sure I'm missing stuff.

best wishes
 

I sure hope it works out for you..Best of luck,take care:hug:

Getting any kind of disability is an up hill batte for us. It's just a matter of how hard you want to fight for what you need. It's like climbing Mount Everest on your hands and knees without oxigen. We fight though.

hope happiness in the end
 

You are right.wishing well to everyone..

I'm in my 8th month going on 9th for VA disability and they just scheduled an appt for examination for January. So I understand the fight some. After I win more disability through them then I will be applying for SSD. The good thing is I have a POA with the DAV so they willhelp me also. Good luck everyone who is filling, and appealing.

I know this thread turned into a bit of discussion about disability...but I just wanted to comment on the ADA a bit and how important it is for those of us who still work because I think a lot of people don't understand how much help the ADA is for us.

After being off work for a little over a year I was released back to work. I needed a walker and also to be able to wear gym shoes, gloves, and a scarf. I was told by my employer that they would not allow me to return to work because I needed a walker and I would be a hardship to the other employees in the building. I knew this wasn't right (I had done my research on the ADA and what my rights were prior to being released back...I had lots of time on my hands) and I told my employer as much. They used buzz words to try and convince me that they had every right to deny me my return to work and stuck by their answer.

So I filed a charge of discrimination with the EEOC for disability discrimination. This is free and you do not need an attorney. It took several months as my employer really left me hanging for as long as possible (probably to see if I would just go away and give up...they apparently didn't know me at all)...but in the end my employer gave in and let me come back to work...and paid me back pay for all 4 months since I had been released and they would not let me work.

There are a lot of accommodations that you can ask for your employer to provide that will allow you to continue to work and make things easier for you. I am not the same person I was prior to getting RSD...there are so many things that I can't do the same way...but I find that I CAN get things done (just have to go about them differently). Your employer has to pay for these accommodations too as long as the cost of doing so wouldn't be a hardship (and if it's a big company...it's not going to be...just being expensive does not equal a hardship). Accommodations can even include a reassigning of job responsibilities so long as you are able to do the PRIMARY function of your job.

In my case...I didn't need to have the company pay for any of my accommodations because I already had a walker and the other things I needed. Since my return (and recent promotion) I have also needed to use a space heater in my office. This didn't require any of the drama that I went through before...my boss was fine with it and I didn't need to put in any sort of formal request. But I know what my rights are and in the future my needs might change so it's good to know what my rights are.

When considering whether or not you are able to work...I think it's important to understand and consider what you can ask for and what your employer is required to provide as a result of the ADA.

Catra121,

You are very thoughtful to have taken the time to share this great information with everyone, thank you.

I wanted to add that doctors will often also write scripts for things like a sit/stand desk, ergonomic evaluations etc., for which employers though not excited about, will generally provide for you when they are enlightened to the need and potential benefits of your future ability to perform. Some STD/LTD admins will also work with claimants on work place ergonomic assessments etc.,

I'm finding out all this info way after I've been able to work. I haven't worked since Feb 2011 because of the pain in my knees and legs. It's gotten worse in the last almost 3 yrs. I would love to go back but can't. I'm not qualified for a lot of the work out there and can't do physical labor any more. If I was able to go back this info is useful. I doubt I will though. Good luck to everyone that is working and not.

Sorry I think I kind of took things off track a little :Blush2:

Catra that was good information. I wish I as able to work. My LTD company as a whole division that works toward getting people back to work whether accommodating at your pre disability job or training for a new job.