Question:
Hello everyone, I was writing to find out if folks here had any experience with employers & getting classified under the Americans with Disability Act. I’ve recently been diagnosed with PTSD, as well as Agoraphobia and anxiety, with a dash of some psychotic symptoms as well. My situation is I’ve been on a leave of absence from my job; I’m covered by short-term disability. I’ve been out longer than 90 days, which means I no longer have job protection. I’ve been informed that my position at work has been cut. Apparently, my employer extends the job protection beyond 90 days if the employee is covered by the ADA. I don’t know if I am or not. I suspect it’s not going to be an easy process to determine this eligibility. Any advice from folks that have been in a similar situation? Scott
Response:
Hi Scott; Unless your "already" disabled (as termed in your employee handbook) your probably out of luck! However, you may wish to get a "free" initial consultation with a "Labor Law" attorney before "throwing in the towel." Good Luck: SAM (VM05 Da Nang) – Hide quoted text — Show quoted text -"Scott C. Smith" wrote: > Hello everyone, > I was writing to find out if folks here had any experience with employers & > getting classified under the Americans with Disability Act. I’ve recently > been diagnosed with PTSD, as well as Agoraphobia and anxiety, with a dash of > some psychotic symptoms as well. > My situation is I’ve been on a leave of absence from my job; I’m covered by > short-term disability. I’ve been out longer than 90 days, which means I no > longer have job protection. I’ve been informed that my position at work has > been cut. Apparently, my employer extends the job protection beyond 90 days > if the employee is covered by the ADA. I don’t know if I am or not. I > suspect it’s not going to be an easy process to determine this eligibility. > Any advice from folks that have been in a similar situation? > Scott
Response:
>I was writing to find out if folks here had any experience with employers & >getting classified under the Americans with Disability Act.
Yoou don’t really have to get classified. The ADA applies to people who have a disability or people who are perceived to have a disability. If your employer thinks you’re disabled, you’re covered. If your employer thinks you’re mental, you’re covered. It’s probably the only time that being perceived as mental pays off. Risa She doesn’t have the art of conversation but unfortunately she retained the power of speech.
Response:
You probably should have requested accommodation before going out on leave (and I hope you were using Family Medical Leave while on the STD). Ask your human resources department how they handle the ADA accommodation. If they are unwilling to help you, then you need to get a lawyer who specializes in workers rights. You will have to be willing to accept a different job if yours was cut or filled. Do you get along well with your boss and co-workers? Has the company been helpful? If so, they will probably work with you. If not, do you really want to work for someone who is forced by law to place you? In May 2001 I took my LTD with mental (there is a 2 year max) and am applying for SSDI. I’m also trying to start my own business with the help of Voc Rehab, but if that doesn’t make enough by the time my LTD runs out, then I hopefully will have gotten my SSDI. Anyway, that’s what I’m attempting to do to keep afloat. Not having insurance sucks, though. Good luck. Jacque "Scott C. Smith" <smithsco…@home.com> wrote in message news:_WI18.240$Lj2.807@rwcrnsc51.ops.asp.att.net… – Hide quoted text — Show quoted text -> Hello everyone, > I was writing to find out if folks here had any experience with employers & > getting classified under the Americans with Disability Act. I’ve recently > been diagnosed with PTSD, as well as Agoraphobia and anxiety, with a dash of > some psychotic symptoms as well. > My situation is I’ve been on a leave of absence from my job; I’m covered by > short-term disability. I’ve been out longer than 90 days, which means I no > longer have job protection. I’ve been informed that my position at work has > been cut. Apparently, my employer extends the job protection beyond 90 days > if the employee is covered by the ADA. I don’t know if I am or not. I > suspect it’s not going to be an easy process to determine this eligibility. > Any advice from folks that have been in a similar situation? > Scott
Response:
This thread has been most useful to me. Thanks all. I was diagnosed in 1999 and have been under ‘intensive’ treatment since that time. I was well on the way to recovery (i.e. good management of symptoms, better outlook, self-esteem etc.) Then in July of last year I suffered a closed head injury while on the job. All the old PTSD symptoms came back along with some nuero-motor dysfunction. I am wondering if I can return to my job after the docs clear me go back. Any thoughts from you would be appreciated. Kenn Capman
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