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-   -   American Disabilities Act and RSD (https://www.neurotalk.org/reflex-sympathetic-dystrophy-rsd-and-crps-/198546-american-disabilities-act-rsd.html)

Allanira 12-18-2013 06:44 AM

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.

moosey2me 12-18-2013 12:40 PM

hope happiness in the end
 
Quote:

Originally Posted by Allanira (Post 1037872)
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.

You are right.wishing well to everyone..

Allanira 12-18-2013 02:28 PM

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.

catra121 12-18-2013 09:18 PM

Quote:

Originally Posted by RSD RENEE (Post 1036480)
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.:)

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.

zookester 12-18-2013 11:18 PM

Quote:

Originally Posted by catra121 (Post 1038011)
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.,

Allanira 12-20-2013 08:07 AM

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.

fbodgrl 12-20-2013 04:11 PM

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.


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