Protections Under The Americans With Disabilities Act
The Americans With Disabilities Act is a federal law that protects disabled people from discrimination in the workplace and by public services.
If you’re legally considered to be disabled, the ADA requires employers with fifteen or more employees not to discriminate against someone because of one’s disability as long as they can perform their job duties satisfactorily.
This means that if your employer thinks you might be unable to fulfill your job duties, they must first offer reasonable accommodations that can allow you to stay on the job, otherwise it will be considered discrimination.
For people with diabetes, this can be simply accommodating the need to inject insulin, eat more frequently to maintain your proper blood sugar levels, or other challenges.
How Do Diabetics Apply For The Disability Tax Credit
Applying for the DTC is a simple process. HOWEVER, being approved for the tax refund can be challenging. You will need to provide substantial evidence that shows how much your diabetes is affecting your life and how much time you put into maintaining your insulin levels.
The Disability Tax Credit application process for diabetes is as follows:
- Download the T2201 Form from the CRAs website.
- Print the T2201 and take it to your health care practitioner to fill out and sign.
- Your health care practitioner must check the Does your patient meet the conditions for life-sustaining therapy as described above? box as yes.
- Send the signed T2201 by mail to a CRA processing centre or even online.
- Wait about 1-3 months to hear back from the CRA if you were approved or not.
When applying for the DTC for diabetes, it is essential to provide as much evidence as possible to show your conditions severity and the amount of time you spent treating your diabetes.
You can take some additional steps to improve the chances of your applications approval. First, it is vital that you work with a medical practitioner familiar with the DTC and at what point diabetes becomes eligible for the tax refund. Also, complete as many medical assessments as possible to validate your diagnosis.
Does The American Disability Act Protect People With Diabetes
For those living in the US, as we mentioned, the American Disability Act recognizes diabetes as a disability. It provides people with diabetes protection from discrimination at work and school.
An employer cannot refuse to hire you based solely on your diabetes. You do not even have to tell the employer that you have diabetes. Once you are employed however, your employer must provide reasonable accommodations for you. The accommodations can include changes to your workplace or routine that can help you to manage your diabetes.
The American Disabilities Act also protects the rights of children to inject and check their blood sugar levels in a classroom setting.
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Diabetes Mellitus: Type 1 And Type 2
Diabetes mellitus is a chronic medical condition marked by an inability to process glucose in the blood. When the pancreas fails to produce sufficient amounts of the hormone insulin, which sends signals to other body cells to absorb excess glucose, blood sugar levels rise.
Elevated blood sugar levels often can be controlled through medication and diet, but persistently high blood sugar levels may give rise to neuropathy causing numbness, burning, and tingling in the extremities. Other complications of diabetes include cardiovascular disease, kidney problems, skin infections, and visual changes.
Type 1 diabetes, often referred to as insulin-dependent diabetes, typically manifests in childhood and requires daily insulin injections and monitoring of blood sugar levels. Individuals with Type 1 diabetes are unable to produce the insulin which regulates blood sugar levels. Only about five to ten percent of diabetic individuals suffer from Type 1 diabetes.
Type 2 diabetes, also called adult-onset diabetes, occurs when the body’s cells become resistant to insulin and thus fail to process sufficient amounts of glucose. Type 2 diabetes is most common in those over 45, and it is strongly associated with obesity, high blood pressure, and a sedentary lifestyle. Genetic factors also play a role in the development of Type 2 diabetes.
Diabetes is generally treated by endocrinologists, who prescribe medication, blood sugar monitoring, and lifestyle changes to control the disease.
Proving Reduced Residual Functional Capacity
This second route inability to work because of a significantly limited Residual Functional Capacity is less specifically defined, but still a viable way to win your case.
The key is to have the support of your doctor preferably an endocrinologist backed up by written statements from friends and family, that you are severely limited in your day-to-day activities.
If your diabetes has progressed to the point of being severely limiting, but not in any one specific way severe enough to meet a Listing, you can still win your case by showing that, in view of ALL your limitations, you cannot do the kinds of things it takes to hold down even a simple, easy job. This would include things like moving about, taking care of your personal needs, interacting appropriately with other people, and maintaining good attendance at work.
Finally, be aware that if your diabetes is uncontrolled because you havent done what your doctors have told you to do, you most likely will not qualify for benefits. Compliance with treatment orders is one factor the SSA reviews in determining a persons eligibility.
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Limitations Based On Your Monthly Income
In order to receive SSI benefits, your monthly income must not exceed a certain amount, explains the ADA. The amount changes each year, and your earnings may offset your benefit amount.
Additionally, if you live with a spouse who is not eligible for SSI benefits, the SSA may include your spouses income when determining your SSI benefit.
For a child with a disability under age 18, the SSA may count some of the parents income in figuring the childs SSI benefit. Additionally, you cannot own property in excess of a specified amount at the beginning of each month. The limits are $2,000 for an individual and $3,000 for a couple. You do not have to count certain things towards this $2000 or $3000 limit, such as: your home, household goods and personal items, one vehicle, property of your personal business, certain amounts of life insurance, and certain amounts of housing assistance.
Skin Infections That Are Slow To Heal
People suffering from diabetes often have trouble healing from infections, especially superficial skin wounds. As many as one in three diabetes patients will develop some type of skin issue. Patients with diabetes appear more susceptible to skin infections, including fungal and bacterial infections.
The list of skin issues that seem to prey on diabetes patients is long and varied, ranging from simple pruritus, or itching of the skin, to dangerous skin infections like those caused by Staphylococcus aureus. Many of the most common skin ailments are either caused or exacerbated by lack of appropriate blood flow, which is often seen in diabetes patients with poorly managed blood glucose. Patients with uncontrolled diabetes can develop styes, which are infections of the glands in the eyelids, and they also may more easily develop fungal infections in their fingernails and toenails.
In order to be eligible for SSDI benefits, you must have medical documentation of skin infections that fail to appropriately heal within three months, making walking or using your hands difficult or impossible.
It is important to note that meeting the listings is only one way to qualify for benefits based on diabetes/diabetes-related illnesses. If you have a severe condition but do not meet the listings, your work history, training, education, and age will be considered in determining whether you are able to work in any occupation that would be possible with your physical limitations.
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Is Diabetes A Disability Well Yes And No
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When people think of diabetes, there’s often a sense of dread that comes not far behind. But is diabetes a disability? We say ‘no!’, and here’s why.
While there are two different types of diabetes, and one is not currently curable, you have an incredible amount of control and power over how much diabetes affects your life.
This ranges from completely reversing type 2 diabetes to turning type 1 diabetes into a superpower that gives you fine-tuned control of your body on par with top Olympians. Definitely not the life-shattering disability it was made out to be!
How Can The Nba Help
The National Benefit Authority is Canadas largest disability tax service provider, having assisted thousands of Canadians in successfully claiming disability credits for diabetes. Our in-house team of experts can help determine your diabetes tax credit eligibility, and walk you through your Canadian Disability Tax Credit application. Disability tax credit amounts vary on a case-by-case basis, but can be upwards of $50,000 per application!
Monitoring and adapting to diabetes is a round-the-clock job, never mind adding the extra paperwork and research required for a successful claim. We can guide you through every step towards recovering your diabetes disability, providing the financial and emotional support you and your family needs.
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Qualifications For Social Security Disability Benefits With Diabetes
Another important question people usually care about: is diabetes a disability if you’re applying for social security disability benefits, also called Social Security Disability Insurance ?
According to US Social Security, people with disabilities significant enough to prevent them from working are eligible for disability insurance and Supplemental Security Income .
According to the official Social Security Administration website, in order to qualify for Social Security Disability Insurance and the Supplemental Security Income that comes with it you need two things.
First, you need to have a doctor diagnose you with diabetes type 2 or 1, and second, you need to demonstrate that you have one of the following complications related to diabetes:
“Neuropathy – abnormality of the nervous system that must significantly affect two extremities to the extent that a person experiences a sustained disturbance of movement of those extremities, or in walking, or in simply standing.
Acidosis – the abnormal increase in the acidity of bodily fluid that occurs at least once every two months and which is documented by blood tests.
Diabetic Retinopathy – damage to blood vessels inside the eye resulting in a significant loss of peripheral vision in the better of the two eyes, or a significant loss of visual acuity in the better of the two eyes. To meet this criterion, the severity of the damage must be such that the person is virtually blind.”
Make Sure You Take The Right Steps With Your Diabetes Disability Claim
Social Security, insurance companies, and the VA will all require your medical history and ongoing screening, along with medical records from your treating doctor, your endocrinologist, and any other specialists you see for diabetes complications .
Regular screening is important to detect diabetes-related health problems early and to track treatment regimens against signs of worsening conditions. We can help you in all of these vital areas and more, to fully develop your claim or to fight a claim denial on appeal.
Call on us 24/7 1 562-9830. We handle cases nationally.
More articles on getting disability benefits with diabetes.
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How Does Diabetes Count As A Disability Under Us Law
The United States government takes into consideration the health problems a person with type 2 diabetes may experience that could affect their day-to-day functioning at work.
A person with this condition may need to apply for benefits if they experience one or more of the following:
- Diabetic retinopathy: This refers to a significant loss of peripheral vision or visual acuity in the better of two eyes due to blood vessel damage. For this condition to merit disability benefits, the person must have a level of visual impairment close to blindness.
- Neuropathy: In this condition of the nervous system, a person experiences pain, numbness, or weakness in one or more parts of the body. For this condition to merit disability benefits, it must affect two extremities severely enough to cause sustained disturbance when the person is walking or standing.
- Acidosis: This is a condition in which bodily fluids become abnormally acidic. For this condition to merit disability benefits, the person must experience acidosis at least twice a month, as blood tests have evidenced.
How Can I Apply For Disability Benefits Based On Diabetes
An easy way to apply for Social Security disability benefits is to file your claim online at www.ssa.gov/applyfordisability. You can also file a claim over the phone by contacting Social Security at 800-772-1213, but be prepared for long wait times. For more information, please see our article about applying for Social Security disability benefits.
If you have questions or you’d like help with your application, click for a free case evaluation with a legal professional to determine if your medical condition qualifies for benefits.
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High Blood Sugar And Diabetic Complications
Whether in Type 1 or 2 diabetes mellitus, high blood sugar or hyperglycemia has relentless destructive effects on most major body systems. Regulation of blood glucose levels with insulin, or other treatment is known as control. In general, tighter control of blood glucose with insulin injections, or medication, and diet and exercise, means better control of complications. But good control will not necessarily reverse damage that has already been done, although improvement may be possible. Other factors are in play besides blood glucose control, because good control does not necessarily stop progression of a diabetic complication once damage has been done. However, good glucose control will slow the progression.
Good glucose control is difficult to achieve because there is currently no way to deliver insulin or other glucose-controlling drugs with the same degree of precision as a normal human body. Pancreatic transplantation can be beneficial to patients with severe complications and difficult to control diabetes, but this is not a solution for most in view of possible complications with the transplant itself. Understandably, people do not like having to inject themselves with insulin. Insulin pumps have been in existence for some years. More recent experimental innovations have been inhaled insulin and insulin patches.
How Type 2 Diabetes Qualifies For Disability Benefits
Social Security Disability Income is a federal disability insurance benefit for those who have worked and paid into Social Security.
Keep in mind that SSDI is different from Supplemental Security Income . That program is for people with low incomes who didnât pay enough into Social Security during their working years to qualify for SSDI.
If that describes you, consider looking into SSI as a starting point.
In either case, benefits are limited to those who are unable to âperform substantial gainful activity,â according to Liz Supinski, director of data science at the Society for Human Resource Management.
There are limits on how much a person can earn and still collect, she says, and itâs about $1,200 per month for most people, or around $2,000 per month for those who are also blind.
The SSA no longer includes type 2 diabetes as a separate disability listing, so simply having that diagnosis wonât qualify you for benefits.
However, if you have complications that meet the criteria under other disability listings, then you may be eligible.
The most common are:
If you have symptoms like these due to your diabetes, even though youâre following your doctorâs prescribed treatment, you could be eligible for disability benefits.
However, keep in mind that if your condition isnât well managed because youâre not following a doctorâs prescribed treatment, youâre likely to be turned down for disability assistance.
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How Can I Get Social Security Disability For Diabetes
The Social Security Administration maintains a listing of impairments, which includes both medical and mental health conditions that are considered severe enough to prevent a person from working. Diabetes is included on this listing of impairments under endocrine disorders. While the SSA notes that both Type 1 and Type 2 diabetes are usually well controlled, there may be a number of reasons why a person cannot control fluctuating blood glucose levels.
Most people who qualify for SSDI and/or SSI for diabetes do so because they have been diagnosed with a disabling condition related to the disease. In other words, the SSA typically does not approve a person for disability simply for having diabetes mellitus. Instead, an applicant may qualify for SSDI and/or SSI because their diabetes caused another condition and that condition is disabling.
The key to being approved for SSDI and/or SSI for diabetes or a related condition is demonstrating how it affects your ability to work. For diabetes mellitus, this may include showing that you cannot work because of the related conditions associated with diabetes. For any of these conditions, you must meet the specific criteria set out in the listing of impairments, and provide evidence of your diagnosis, treatment history, and how your illness affects your ability to work.
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