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debbie-b
07-16-2009, 05:21 AM
WARNING, BRAIN FOG IN PROGRESS

I will try and explain what I am trying to accomplish.

I need to be labeled disabled( boy that sounds bad), ok here it goes, I am working a very physical job, with heavy lifting, fast pace and late hours. I need to have something, that says that I am disabled, to make sure that I don't have to worry about loosing my job. Does that make sense? The company I work for, has a policy, you have to be able to fulfill all the job requirements, no exceptions, if you can't, you have to find another job. For instance, I have to fill the shelfes in a walk in freezer, it takes 3 hours, in 0 degrees( I can't do it, Lupus, RA, Fibro and asthma), my store manager only knows about the asthma and doesn't make me work in the freezer, but if upper management finds out, I will have to. Some days, like yesterday, I had to work 2:00- 10:00 PM, my huge problem is, that I am at my best energy in the morning, around 4:00 PM my energy just leaves my body ( it feels like somebody is letting the air out of a balloon), from one second to the next, I can barely move, it feeles like I am wearing a lead coat. And if I make myself work through this fatigue, the pain is excrutiating. I got home at 10:30, I walked in the door, took my Ambien and went to bed 15 minutes later.
So what I am trying to accomplish is a certain % of disability, where the company has to accomedate my needs, for instance, not having to work in the freezer or working the late shift. I am ok on the 6:00AM-2:00PM shift or the 9:00AM- 5:00PM shift. I want to work as long as I can, but the way it is right now, I can't.
So, how do I do this? Can my doc recomment the disability?
Hopefully you can make sense of my foggy mess.

Debbie

Oluwa
07-16-2009, 05:54 AM
Debbie, hey...

The only thought that comes to mind is Workers Compensation..filing a claim that states it induces, aggravates, cause flares with Lupus. They would have to accommodate you disease, disabilities, abilities that route if it is found you have a valid claim....

Questions to consider...were you diagnosed before you were employed there? If not, then did the job bring about, accelerate and/or aggravate your Lupus?

I would research that before bringing it to your employer. Just asking questions, well...employers don't like worker's comp claims.

Link for NY Workers Comp..

http://www.wcb.state.ny.us/

I am not sure about SSDI enforcing a work environment accommodating for an illness. I think they would go the route and retrain you for a job you are qualified to do...

In the Disability Forum there is a thread I started that has link concerning SSI and SLE...here, I found the link...follow the yellow brick road....

http://forum.wehavelupus.com/showthread.php?t=5930

One specific paragraph once there reads...


1. Systemic lupus erythematosus (14.02).
a. General.Systemic lupus erythematosus (SLE) is a chronic inflammatory disease that can affect any organ or body system. It is frequently, but not always, accompanied by constitutional symptoms or signs (severe fatigue, fever, malaise, involuntary weight loss). Major organ or body system involvement can include: Respiratory (pleuritis, pneumonitis), cardiovascular (endocarditis, myocarditis, pericarditis, vasculitis), renal (glomerulonephritis), hematologic (anemia, leukopenia, thrombocytopenia), skin (photosensitivity), neurologic (seizures), mental (anxiety, fluctuating cognition (“lupus fog”), mood disorders, organic brain syndrome, psychosis), or immune system disorders (inflammatory arthritis). Immunologically, there is an array of circulating serum autoantibodies and pro- and anti-coagulant proteins that may occur in a highly variable pattern.
b. Documentation of SLE.Generally, but not always, the medical evidence will show that your SLE satisfies the criteria in the current “Criteria for the Classification of Systemic Lupus Erythematosus” by the American College of Rheumatology found in the most recent edition of the Primer on the Rheumatic Diseases published by the Arthritis Foundation.


This link also explains the evidence required to file a disabilty... http://www.ssa.gov/disability/professionals/bluebook/evidentiary.htm

Hope this gets you going in the right direction.

Love,
Oluwa

debbie-b
07-16-2009, 06:25 AM
Thank you Oluwa,

I was diagnosed two years after I started working at this job.
My thought was that you are protected under the disability law, doesn't that mean that they have to accommedate your needs and protect you from being terminated, if you can't do certain things at your job. I would like to stick with this job, it pays very well, the benefits are outstanding, including a very good health ins. I also don't think that I could retrain for another job, some days the brain fog is really bad.
Well I will read through all the links, you posted for me.

Debbie

Oluwa
07-16-2009, 06:41 AM
I think you are referring to the American Disability Act, eh? ADA?

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

It makes it unlawful to discriminate in employment against a qualified individual with a disability.

Two questions..

Have you been classified a disabled?
Have you been discriminated against?

ADA...
To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.


If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.


If you have a record of disability...impairment and etc..this is the accommodation perimeters below...




Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:


providing or modifying equipment or devices,
job restructuring,
part-time or modified work schedules,
reassignment to a vacant position,
adjusting or modifying examinations, training materials, or policies,
providing readers and interpreters, and
making the workplace readily accessible to and usable by people with disabilities.

An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.


Hope this helps..
Love,
Oluwa

gina
07-16-2009, 10:40 AM
I have a question, if you get cancer and have to get treatments don't they have to accomadate you at your job while undergoing treatments. if so would that be the same since lupud is a disease that flares like going back and forth in remission with cancer. by brain fog is attacking my spelling today sorry.

can you dr. write a letter to your boss asking you be put in a different situation like someone who has temp disability. workmans comp you can still work but employers have to find a job you can do. and lupus isn't workmans's comp issuse you have to be hurt on job.

if you supervisor is nice ask tell them whats going on. i told my boss about what i have and they now work with me. but i don't have a physical job more mental and i do make mistakes they just don't fire me like they could lol. just correct me and we move on.

i not sure if this helps, oluwa has some good advice also.

Oluwa
07-16-2009, 11:27 AM
I don't think it matters the illness, such as cancer, Gina. An employer is only required to follow the law...it would be lovely if they would follow their conscientious do the right thing. But that is about morals, values and not a right..a law.

Workers Compensation isn't just for the injured..on the job injury. It is also for those who become ill, illness as a direct result of their jobs. Keys word in filing a complaint of this nature, under stress or the like would be did the job bring about, accelerate and/or aggravate it. Being under stress, and the symptoms that derive from it...headaches, high blood pressure, rashes and etc... unable to perform your job because of stress is a valid claim. The key is how the evidence is written. The paper trail is important...

Will SLE be eligible for benefits I have no idea...but I do know stress is. I know someone who went out, left this job permanently through Worker's Comp because the stress of his employment brought about other diseases.


With each state there are different statues..so you would have to look up your state, some states maybe more accommodating and flex in the rules, evidence, but they can't deviate from the main law.

Love,
O.

dsunshine
07-16-2009, 04:35 PM
Oluwa is the BOMB!!!
Always has the information needed to the questions presented!!! I was having issues earlier this year when my employer wrote me up for leaving early for doctors appts. and calling out sick which was all directly related to me having Lupus, which my employer knew. Long Story Short...I spoke to an extremley knowledgeable HR Rep. with another company and like Oluwa said...paper trail...document everything. Anytime you have a doctors appt. bring in a dr. note, call out sick inform your doctor and see if you can get a dr. note. I was also advised and did obtain a Dr. Cert. letter from my dr. stating what I had, the meds I was on, the days in which I was in her office for visits and/or treatments and she requested that the company provide reasonable accomadations such as telecommuting if possible. Basically, the company moved me from the high volume and stressful unit to a less stressful decent pace unit. Also, they have changed their attitudes towards me and things seem to be going well. I also think it depends on how long you have been on the job as far as what laws protect you...such as the Family Leave Act I think it is called.

debbie-b
07-17-2009, 02:31 PM
Thank you everybody,

I am going to have to go to the doc, every time I have a problem, with flares, pain, hairloss, brain fog etc., to get all this documented, for future use, when needed.

Debbie

debbie-b
07-17-2009, 02:42 PM
I think you are referring to the American Disability Act, eh? ADA?

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

It makes it unlawful to discriminate in employment against a qualified individual with a disability.

Two questions..

Have you been classified a disabled?
Have you been discriminated against?

ADA...
To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.


If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.


If you have a record of disability...impairment and etc..this is the accommodation perimeters below...




Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:


providing or modifying equipment or devices,
job restructuring,
part-time or modified work schedules,
reassignment to a vacant position,
adjusting or modifying examinations, training materials, or policies,
providing readers and interpreters, and
making the workplace readily accessible to and usable by people with disabilities.

An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.


Hope this helps..
Love,
Oluwa

Hi Oluwa,

I have not been classified as a disabled, i would like to find out how and where, I can get this done. I was thinking, with that in my hand, I could persuade my employer to modify my work load if you will. I just can not work in the freezer for three hours and I can not work the late shift. I do my job just as well as every other healthy employee there.
Well, I am going to speak to my doc and see what he thinks.

Debbie

Oluwa
07-18-2009, 05:18 AM
From my understanding of it, though I maybe incorrect, so, don't take my understanding for thee word. I am just trying to point you in the right direction because I don't want you to risk losing your job.

My understanding is, your medical record would be the record of disability..containing your diagnoses. And if they are aware of this disabilities, impairments and fire you without accommodation that would be consider discrimination. In violation of the ADA.

In order to make any accommodations they would have to know you have a disability.

And in order to have a valid discrimination claim you would have to fail under the criteria of the ADA.
Record of Such an Impairment

References: TAM I-2.2(b)
This part of the definition protects people who have a history of a disability from discrimination, whether or not they currently are substantially limited in a major life activity. It protects people with a history of cancer, heart disease, or other debilitating illness, whose illnesses are either cured, controlled or in remission. It also protects people with a history of mental illness.
This part of the definition also protects people who may have been misclassified or misdiagnosed as having a disability. It protects a person who may at one time have been erroneously classified as having mental retardation or having a learning disability. This person has a record of disability. If an employer relies on any record (such as an educational, medical or employment record) containing such information to make an adverse employment decision about a person who currently is qualified to perform a job, the action is subject to challenge as a discriminatory practice. Examples of individuals who have a record of disability, and of potential violations of the ADA if an employer relies on such a record to make an adverse employment decision:


A job applicant was a patient at a state institution. When very young she was misdiagnosed as being psychopathic and this misdiagnosis was never removed from her records. If this person is qualified for a job, and an employer does not hire her based on this record, the employer has violated the ADA.
A person who has a learning disability applies for a job as secretary/receptionist. The employer reviews records from a previous employer indicating that he was labeled as "mentally retarded." Even though the person's resume shows that he meets all requirements for the job, the employer does not interview him because he doesn't want to hire a person who has mental retardation. This employer has violated the ADA.
A job applicant was hospitalized for treatment for cocaine addiction several years ago. He has been successfully rehabilitated and has not engaged in the illegal use of drugs since receiving treatment. This applicant has a record of an impairment that substantially limited his major life activities. If he is qualified to perform a job, it would be discriminatory to reject him based on the record of his former addiction.

In the last example above, the individual was protected by the ADA because his drug addiction was an impairment that substantially limited his major life activities. However, if an individual had a record of casual drug use, s/he would not be protected by the ADA, because casual drug use, as opposed to addiction, does not substantially limit a major life activity.
To be protected by the ADA under this part of the definition, a person must have a record of a physical or mental impairment that substantially limits one or more major life activities. A person would not be protected, for example, merely because s/he has a record of being a "disabled veteran," or a record of "disability" under another federal statute or program unless this person also met the ADA definition of an individual with a record of a disability.

And in order to have a valid discrimination claim you would have to fail under the criteria of the ADA....

Under the ADA, an individual with a disability is a person who:


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 physical impairment is defined by the ADA as:
"Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine."
Neither the statute nor the regulations lists all diseases or conditions that make up "physical or mental impairments," because it would be impossible to provide a comprehensive list, given the variety of possible impairments.

A mental impairment is defined by the ADA as:
"[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

Hope this helps...
Love,
Oluwa

debbie-b
07-18-2009, 05:45 AM
Thank you very much, Oluwa. This is very helpful, I will talk to my doc and see what he thinks, I am sure, I am not the only patient with this problem. If I can't get a modification, I am going to have to quit my job, but I don't want to do that. I just wish this company cared a little more about their employees well being.

Debbie

crmj1183
07-18-2009, 07:35 AM
I know!!!

Go, O, Go, O! I was gonna add my 2 cents but I think Oluwa covered everything


Chriss

BettyBoop
07-20-2009, 12:50 PM
Hi...
I was terminated from my job. They nit-picked for an excuse because I was only able to work 4 hrs/day (barely). They wanted me to go back full time. I talked to unemployment and they said I was approved. But after thinking about it, I applied for Soc. Sec Dis. Of course, I didn't have a dx yet. I was approved after 2 yrs for chronic pain. That is also a route you can take if you have docs to support you.

Good luck.

Danice

debbie-b
07-20-2009, 02:17 PM
Hi...
I was terminated from my job. They nit-picked for an excuse because I was only able to work 4 hrs/day (barely). They wanted me to go back full time. I talked to unemployment and they said I was approved. But after thinking about it, I applied for Soc. Sec Dis. Of course, I didn't have a dx yet. I was approved after 2 yrs for chronic pain. That is also a route you can take if you have docs to support you.

Good luck.

Danice

That might be the best route for me, because it is getting harder and harder for me to work.

Debbie

abbasgirl
07-25-2009, 12:36 AM
Debbie...I've been thinking about you while I was down...wondering if this situation you're in has gotten any better. I'm sorry you face such hardships and worry. I think your doctor could help a lot, but some employers can nit pick as Danice mentioned...so sorry that happened to you, Danice. I know that before my father in law retired, he was pushed into it faster than he was planning to. A common thing the employer did there with anyone getting near retirement...find a way to make someone quit or get fired and replace them with younger and/or healthier employees.

It's against the law but there are a lot of ugly minded people out there in positions they don't deserve, finding ways around the law if they can.

I hope your doctor will be helpful, and if not, I would try another doctor. I would think the documentation as Oluwa said (wow Oluwa you're soooo helpful!) would be important. I hope and pray they treat you well at work and are understanding. ((((Hugs)))) Keep us posted okay?