Requesting Accommodations at Work

Reasonable accommodations at work are granted to all employees who qualify for a disability under the Americans with Disabilities Act (ADA). Any employee with a disability has the right to alternative working conditions that allow that employee to continue working despite having a disability. However, you will need evidence and explanations for how your disability limits your abilities to qualify for accommodations. Try talking to a Philadelphia disability lawyer if you experience trouble trying to obtain these accommodations from your employer.

Basics of Reasonable Accommodations

The ADA demands employers with 15 or more employees to offer accommodations to workers with disabilities, but not if an accommodation creates undue hardship. Undue hardship is anything that slows down the workplace in a way that could harm productivity or business. The main types of reasonable accommodations are changes to job application customs, the work environment, ways a job is performed, and equal benefits of employment.

Certain tasks at work may no longer be attainable for someone with an acquired disability. For example, someone in a wheelchair may not be able to operate the forklift anymore, but can still organize paperwork or work on projects that do not require heavy machinery. Other aspects of a job that may need to be altered to fit the limitations of having a disability are rules for breaks and time allotted to complete a task.

Ways to Request Accommodations at Work

Other examples of reasonable accommodations are providing closer parking, allowing therapy pets in the workplace, installing equipment to make a job more accessible, or reassigning disabled employees to a more suitable task. There are various ways to go about requesting these accommodations. The first step is to set up a meeting with your employer to inform them of what disability you have and what accommodations you will need to continue working there.

Explain how your disability limits your ability to perform certain aspects of the job and provide doctor’s notes if your employer asks for them. Not everyone knows the symptoms of every disability, so be patient, but informative. After this disclosure process, your employer may negotiate a deal with you that incorporates or omits some of your requests. Changes will be implemented after an agreement is reached.

Depending on which disability you have, your condition may require ongoing accommodations. Be sure to let your employer know this in advance. For example, disabilities associated with degenerative brain diseases usually become worse as time progresses. Explain this to your employer so there are no surprises in the future. A mutual understanding can prevent conflict.

Long-Term Disability Lawyer in Philadelphia

Some employers fail to follow the policies of the ADA, which leaves employees without proper accommodations. You may not have to settle for no accommodations if you speak with a Philadelphia disability attorney. Contact Edelstein & Nelson at (800) – 300 – 0909 for consultation and we will answer your questions or concerns. We have worked with clients for years to help fill out applications for disability benefits, organize medical files for evidence, and fight for their rights in court.

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Can You Apply for Disability Benefits if You Have Back Pain?

Not everyone with a disability can work a job each week. Social Security Disability Insurance (SSDI) offers a certain amount of income a month to people who are suffering with a disability that limits them. However, this program is aware of people who use a fake or minor disabilities to receive benefits that they do not actually need. This is why the application process is designed to be thorough, with specific requirements that need to be met before a person can qualify. A Philadelphia disability lawyer can help you fill out the application if you are experiencing hold ups.

What You Need to Qualify for Back Pain

Back pain is one of the most difficult things to apply for when it comes to disability benefits because back pain is also the most common disability that people apply for. Your application will require evidence that you have been diagnosed with back pain that impairs your usual physical activity. This means obtaining copies of your X-rays, MRIs, or doctor’s notes from your primary physician. Ask your doctor if there is any other copies of medical records that could be used to prove that your back pain limits how much you can do.

Back pain is not officially listed under the categories of disabilities, but there are categories that are similar and that may apply to your condition. For example, rheumatoid arthritis is one category that describes fixation of the spine, which can cause back pain. Choose the category that best fits your current back condition.

You will also be required to prove how your back pain limits your ability to hold a job. Have your doctor list out how your condition impairs physical activity, like whether you need a cane or whether you have trouble standing up fully.

Specific Qualifications for Degenerative Disc Disease

Degenerative disc disease is a serious medical condition that can cause chronic back pain, but is not listed by SSDI. This condition causes the spinal discs to break down until the nerve endings of the spinal cord grow smaller. People with this disease experience pain and musculoskeletal problems that can impair movement.

When it comes to figuring out which category to match degenerative disc disease with, many people look for the osteoarthritis and spinal stenosis categories. If your doctor has confirmed that you have developed nerve or spinal cord damage from this disease, then there are other factors that you can provide in your application. These include documentation for nerve root compression, spinal arachnoiditis, or lumbar spinal stenosis.

Philadelphia Disability Attorney

Try talking to a Philadelphia long-term disability attorney if you have been diagnosed with a medical condition that causes back pain or degenerative disc disease. Do not settle for no disability benefits if your application was denied the first time. To find an attorney right for you, call Edelstein & Nelson at (800) – 300 – 0909 for consultation. We have years of experience in helping clients filling out applications for disability benefits, collecting appropriate medical records, and figuring out how you can qualify if your medical condition or disability is not explicitly listed.

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Are There Disability Benefits for Seizures?

Disability benefits are not usually given to people who have only had one seizure, but these benefits may be available for those who have been diagnosed with a seizure disorder like epilepsy. This is because reoccurring seizures can disrupt a person’s performance at work. Depending on what job you have, seizures can place your life or the lives of co-workers in danger. A seizure could lead a crane operator or bus driver to commit a dangerous mistake.

Applying for disability benefits can be confusing at times. However, Philadelphia disability lawyers have years of experience with these types of applications and will know what to do if your application is denied.

Differences Between Seizures and Epilepsy

Experiencing a seizure in the past does not mean you have epilepsy. Epilepsy describes a brain disorder in which a person has two or more seizures that can range from mild to deadly. Fortunately, many seizure disorders can be managed successfully with proper prescription medications or surgery. However, some people have to struggle with reoccurring seizures for life.

The cause of seizures lies within the way neurons interact. Seizures can occur when neurons fire at unnaturally high rates. Common causes of abnormal neuronal activity are brain injuries, illnesses, or abnormal brain development. Symptoms of a seizure can be disabling:

• Abnormal behaviors or emotions
• Convulsions
• Involuntary muscle spasms
• Passing out unexpectedly

Severe seizures that last longer than a few minutes can lead to a coma or death if left untreated. These kinds of seizures can make driving to work deadly, which is why some people refuse to provide driver’s licenses to people with seizure disorders.

How to Apply for Disability Benefits

The Social Security Administration (SSA) will be looking for ways your seizure disorder impairs your performance at work. You need to list all of these in your application and be specific when you need to. If you have unexpected seizures, prolonged episodes, or certain stimuli that set off your seizure, be sure to mention these. This is the most important part of your application because disability benefits exist for those who cannot physically work at a standard job.

To be considered permanently disabled by the SSA, you will need to have seizures that are tonic-clonic or dyscognitive. Check with your doctor to see if you meet these specifications. The SSA may ask for medical records like MRI scans, CAT Scans, a list of your medications, or doctor notes. They also require other documents related to your income like tax information, your full work history, and previous income.

Long-Term Disability Lawyer in Philadelphia

Do not hesitate to ask for help from a Philadelphia long-term disability lawyer if you have recently been diagnosed with a seizure disorder and are concerned about not receiving benefits. Contact the Philadelphia disability lawyers at Edelstein & Nelson by calling (800) – 300 – 0909 for consultation. If your disability benefits application has been denied, do not give up and settle. We can help you figure out why your application was denied, assess your medical condition more deeply, and collect the relevant documents to ensure your next application is ready for review.

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Disability Benefits for Cancer

Cancer is not something anyone wants to hear their doctor say because of the psychological and physical effects this disease can cause. Chemotherapy and biological treatments only add to the negative effects. This makes holding a job challenging due to the unpredictable nature of certain symptoms and the scheduling overlaps between work and treatment.

Social security disability benefits are offered to cancer patients to make up for lost wages or low income. In some cases, you may be denied these benefits. Talk to a Philadelphia disability lawyer if this happens to you.

Short-Term and Long-Term Benefits

Social security benefits offers two main types of benefits that depend on a person’s current circumstances. These benefits provide payments to cancer patients to cover basic life expenses like food and shelter.

Short-term disability benefits are given to patients who will be missing work for brief medical treatment. This means patients can keep their job for up to 6 months of absence and still receive income. The income is paid to them by short-term disability insurance. Disability insurance can be bought by the patient or through an employer. These benefits vary and can cover anywhere from 55 to 100 percent of your salary for a limited period of 26 weeks.

Long-term disability benefits cover expenses for conditions that will last longer than 12 months or cancers that are diagnosed as terminal. These benefits can be purchased in the same way as short-term disability benefits. Social Security Disability Insurance and Supplemental Security Income are both offered for these types of situations, but patients must qualify as disabled according to their policies.

Social Security Disability Insurance usually only accepts patients who have contributed to Social Security for several years through paychecks. Social Security Income is solely based on income.

Applying for Cancer Disability Benefits

The benefits you receive while applying for disability will vary depending on what type of cancer you have been diagnosed with, whether the cancer is terminal, and on how long the cancer will be expected to last. These specific benefits can be found in the Blue Book on the Social Security Administration website.

Patients with an aggressive form of cancer that spreads quickly need benefits right away. This is why the Social Security Administration offers a Compassionate Allowance program, which reviews applications faster for patients with aggressive cancer. A patient must have a cancer that has spread, is inoperable, or recurrent to qualify for this program.

You will need evidence to apply for any of the above benefits. Evidence means medical records, doctor notes, and explanations for how current symptoms impair work performance. Be patient with the application process and fill out the forms as accurately as you can. Leaving something blank could slow down the process.

Long-Term Disability Lawyer in Philadelphia

Consider talking to a Philadelphia disability lawyer if you have been wrongfully denied short-term or long-term disability benefits as a cancer patient. You can contact the Philadelphia disability lawyers at Edelstein & Nelson by dialing (800) – 300 – 0909 for consultation. You should not have to go without proper benefits if you are suffering with a critical medical condition that affects your work performance. Let us work with you to defend your rights.

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Can I Request Work from Home If I Have a Disability?

The Americans with Disabilities Act (ADA) supports the idea that granting an employee’s request to work from home is a reasonable accommodation for that employee’s disability. A reasonable accommodation is a change in workplace practices to make the job manageable for employees with disabilities. This accounts for applying for jobs, certain task requirements of a job, and equal opportunity for any benefits the jobs provide to other employees. If you have been denied these rights, talk to a Philadelphia disability lawyer about reasonable accommodations.

Limits on Your Request

Reasonable accommodations are expected to be made for employees with disabilities that would otherwise impair work performance or place significant strain of the employee. However, the law also places limits on reasonable accommodations to ensure that employers do not drop in their performance.

Undue hardship asserts that reasonable accommodations should not be granted if the accommodation causes hardship to the employer. Undue hardship can mean accommodations that are disruptive to the workplace, complicated enough to impair other’s work performances, expensive, or drastically time-consuming. This rule protects the employer’s business from potential failure.

It is for these reasons that certain jobs may not allow you to work from home, even if you have a disability. Certain jobs, like cashiers, oil field workers, and similar jobs that require a physical hands-on presence at work, cannot allow employees to work from home because there is no such work that can be done. A cashier cannot serve customers unless they are physically in front of the register.

How to Request Work from Home

The first step is to talk to your boss or supervisor about your situation. This does not need to be a formal meeting. Explain your new medical condition, what the doctors told you, and how this condition will affect your job performance.

Most supervisors try to make sure your medical condition fits the definition of a disability according to the ADA, as is their responsibility under the law. However, some supervisors may neglect the rules and fail to offer employees reasonable accommodations. Others may require further evidence than what you explain to them. What you can do is have your doctor write a note or give you a copy of your medical records that indicate the impairments of your disability.

There are various reasons why you may need to work from home. Your scheduled physical therapy visits each week could make going to your job unreasonably difficult. Recovery from surgery may only require a week or two of working from your home. Some disabilities can induce unexpected impairments that can make going to work dangerous. This would necessitate working from home as both a safety precaution and a way to prevent potential disruptions at work.

Philadelphia Disability Attorney

If you have been denied reasonable accommodations at work and are struggling financially as a result, then consider consulting with a Philadelphia long-term disability lawyer. You can call the Philadelphia disability lawyers today at Edelstein & Nelson at (800) 300–0909 for consultation. We work with our clients to fight for their rights in the workplace.

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Obstacles to LTD Benefits for Parkinson’s Disease

Parkinson’s Disease is a neural disorder that negatively affects the nervous system over a span of several years. The psychological and physical impairments of this disorder worsen over time, which can have an effect on performance at work. Without a job, the medical expenses for Parkinson’s medications and doctor visits can put someone in debt if they have no one to support them financially. However, there are LTD Benefits that can help people with Parkinson’s keep a job or pay the bills.

Obstacles arise when insurance companies change claims due to a lack of evidence for the impairments of Parkinson’s. Some jobs may fail to offer appropriate accommodations for their employees and LTD Benefits can be denied if something is missing on your application. There is no need to panic though, because Philadelphia disability lawyers can offer assistance in filing for LTD benefits to ensure that you receive the help you need.

Impairments of Parkinson’s

To understand why holding a job with Parkinson’s is so challenging, it is helpful to know the symptoms of this disease. Most symptoms of Parkinson’s correspond to motor impairments that can include:

• Bradykinesia – slower overall body movement, especially in the legs
• Muscular Rigidity – overall body movement becomes stiff, sometimes accompanied with physical pain
• Muscular Tremors – shaking of the arms or legs

When combined, these muscle movements can disrupt a person’s ability to write correctly, speak clearly, walk, or maintain balance. In terms of work performance, these motor symptoms can slow down worker productivity or momentarily prevent you from completing an assigned task. On top of all this, there are also cognitive symptoms that can impair thinking:

• Attention and memory problems
• Visual hallucinations and paranoia
• Visuospatial impairments – problems between the vision and the perception of one’s body in comparison to the external environment

Visuospatial impairments alone can greatly disrupt normal hands-on work like mechanical repairs or organizing files. In severe cases, some people experience a form of dementia, which involves memory loss. As Parkinson’s becomes worse, the symptoms impair basic tasks at greater levels.

Potential LTD Benefits

LTD Benefits includes Social Security Disability Insurance (SSDI), Supplemental Security Income, and employee accommodations. SSDI offers income supplements to help pay for bills and Medicaid, which can cover a substantial amount of your medical bills. Supplemental Security Income also offers income in the form of a monthly stipend to cover basic needs. This stipend is intended to cover house payments, food, and clothes.

Employers with Parkinson’s may be eligible for short term disability plans. These plans pay you a portion of your salary if you leave work after being diagnosed with Parkinson’s. However, these benefits all require an application process with certain criteria and if someone believes that evidence is lacking in your favor, you may be denied these benefits.

Long-Term Disability Lawyers

If you have been recently denied LTD Benefits after being diagnosed with Parkinson’s Disease and you are struggling financially as a result, then try talking to a Philadelphia disability lawyer. Contact the Philadelphia disability lawyers at Edelstein & Nelson at (800) – 300 – 0909 for consultation. We will answer your questions and will fight to repair your financial dilemma.

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Will You Be Fired for Attending Rehab for Alcoholism?

Alcoholism is considered a disability by the Americans with Disabilities Act (ADA) because people who are addicted to alcohol have little-to-no control over their drinking patterns. A disability impairs performance in different areas of life and is something a person has no control over. If you are attending rehab for alcoholism, you should not be fired because you are taking active steps to overcome your addiction. However, whether you can keep your job can depend on the severity of your alcoholism and whether alcohol problems are carried into the workplace.

Accommodations for Alcoholism

Recovering alcoholics who are able to maintain abstinence and general stability should neither be fired nor denied a job. A person’s history of alcohol problems has no bearing on whether they can currently hold a job. The ADA protects these people and those who are attending rehab.

There are certain accommodations that an employer is required to make if you are an alcoholic attending rehab. Your work schedule will be altered to allow you time to continue attending rehab. You will also be granted a leave of absence if you require prolonged treatment. However, there are limits to accommodations and rules that restrict certain actions that could be detrimental to the workplace.

Workplace Rules for Alcoholism

According to the ADA, employers have the right to forbid the use of alcohol inside the workplace, fire employees who are intoxicated while at work, and demand the same work performance by an employee with alcoholism as any other employee. This means that, even if symptoms of alcoholism, like withdrawal, impair your ability to complete tasks at work, you can still be given the same penalties as other employees who do not have a disability.

This does not always mean you will be fired immediately for poor performance related to alcohol. Whatever penalty an employee without a disability would receive for the transgression is the same penalty that you would receive. Your boss may talk with you about what happened or may give you a written warning.

Accommodations are beneficial but limited. Your employer is not obligated to grant you a leave of absence if treatment does not appear to be improving your problem with alcohol; this especially applies if that treatment has failed multiple times in the past. It is important that you ask for accommodations because employers are not expected to automatically give you accommodations and some may be are unaware of an employee’s problem with alcohol. Rehab will not be offered by your employer, you will need to find one.

Disability Attorneys of Philadelphia

If you are struggling with your use of alcohol or if you are attending rehab and have been wrongfully fired or denied a position, then consider seeking legal guidance. Philadelphia disability lawyers work with clients who have been denied disability benefits and accommodations that different organizations are required to provide. Call the disability lawyers at Edelstein, Martin & Nelson at (800) 300-0909 for a consultation today. We will answer any questions you may have and will fight for the benefits you deserve.

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