Thursday, August 18, 2022

Is Asthma A Disability At Work

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How To Ask For Accommodations

Disability Benefits for Kids based on Asthma

If you have allergies or asthma and want to feel more comfortable in your environment, you can talk to a manager, school administrator, employer, or other person in charge. Theyâll help you figure out the best way to get reasonable changes or services.

There are many resources you can use to get advice or ideas on how to ask for accommodations. The U.S. Department of Justice has a hotline that you can call and ask questions. That phone number is 800-514-0301. You can visit www.ada.gov for more information.

More Questions And Answers About The Ada

Q. Is an employer required to provide reasonable accommodation when I apply for a job?

A. Yes. Applicants, as well as employees, are entitled to reasonable accommodation. For example, an employer may be required to provide a sign language interpreter during a job interview for an applicant who is deaf or hearing impaired, unless to do so would impose an undue hardship.

Q. Should I tell my employer that I have a disability?

A. If you think you will need a reasonable accommodation in order to participate in the application process or to perform essential job functions, you should inform the employer that an accommodation will be needed. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed.

Q. Do I have to pay for a needed reasonable accommodation?

A. No. The ADA requires that the employer provide the accommodation unless to do so would impose an undue hardship on the operation of the employer’s business. If the cost of providing the needed accommodation would be an undue hardship, the employee must be given the choice of providing the accommodation or paying for the portion of the accommodation that causes the undue hardship.

Q. Can an employer offer a health insurance policy that excludes coverage for pre-existing conditions?

Department of Justice

How Can The Ada Help Me If I Have Asthma Or Allergies

Does the Americans With Disabilities Act apply to you if you have asthma or allergies? Yes, it can, in many situations at work and at school.

The ADA is a federal civil rights law. And asthma and allergies are usually considered disabilities under the ADA.

This law gives people with disabilities the right to ask for changes where policies, practices or conditions leave you out or put you at a disadvantage. Public companies and places must give people with disabilities full access to all facilities, programs, goods and services. They must also give them the chance to enjoy these places and services just like someone without disabilities.

The ADA helps people with asthma and allergies create safer, healthier environments where they work, shop and eat.

Read more:

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Asthma And Your Ability To Perform Sedentary Work

Proving that you are incapable of performing sedentary work due to asthma can be much more difficult than proving that you are incapable of performing physical work. The exception to this is if your asthma is due to allergens typically found in office settings.

If you are older, and have never performed any kind of sedentary work, the SSA will place less emphasis on your ability to perform sedentary work when determining whether to approve your Social Security Disability claim. The expectations concerning whether you could be retrained to perform sedentary work become gradually tougher depending on how much younger you are.

What Should Be In Your Medical Record

Do I Qualify For Disability Insurance Benefits If I Have ...

Your medical records should contain documentation of each of your asthma attacks that required hospitalization or emergency treatment, including spirometry test results and the results of arterial blood gas studies while you are in the hospital. The record of each episode should also include what treatment was administered, and for how long, and how well you responded to the treatment. Your doctor should also give you spirometric tests when you are not having an attack to record whether there is baseline airflow obstruction .

In addition, your medical records must show that you have been complying with the at-home treatment ordered by your doctor .

The SSA will want medical records documenting your asthma attacks for at least one year, or the agency will wait until you have been evaluated for one year before issuing a disability decision.

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Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

The Americans with Disabilities Act of 1990 makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. This booklet explains the part of the ADA that prohibits job discrimination. This part of the law is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.

Who Strategy For Prevention And Control Of Asthma

Asthma is included in the WHO Global Action Plan for the Prevention and Control of NCDs and the United Nations 2030 Agenda for Sustainable Development.

WHO is taking action to extend diagnosis of and treatment for asthma in a number of ways.

The WHO Package of Essential Noncommunicable Disease Interventions was developed to help improve NCD management in primary health care in low-resource settings. PEN includes protocols for the assessment, diagnosis, and management of chronic respiratory diseases , and modules on healthy lifestyle counselling, including tobacco cessation, and self-care.

Reducing tobacco smoke exposure is important for both primary prevention of asthma and disease management. The Framework Convention on Tobacco Control is enabling progress in this area as are WHO initiatives such as MPOWER and mTobacco Cessation.

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The Americans With Disabilities Act

This federal law demands that employers give workers with disabilities full access to everything that a worker without a disability may have. Employees can also request that policies or practices within the company that discriminate against employees with disabilities be altered. The ADA prohibits employers from discriminating against employees with disabilities in all employment areas and requires that reasonable accommodations be considered through an interactive process.

Listing 302 For Chronic Respiratory Disorders

New VA Disability Presumptive Conditions for Asthma, Rhinitis & Sinusitis | VA Benefits | theSITREP

COPD is evaluated under Listing 3.02 for chronic respiratory disorders. You’ll meet the listing if a spirometry test has shown that your FEV1 is equal or less then a given amount depending on your height. Table I-B in the listing states, for example, that an adult woman who is 5’5″ meets the listing with an FEV1 of 1.35 or below.

Those with chronic restrictive ventilatory disease, which is marked by decreased lung volume, can also meet this listing based on the results of a spirometry test. If your FVC , the amount of air you can exhale after taking your deepest breath, is less than or equal to the amounts in Table II of the listing, you will meet the requirements of the listing.

The third part of listing 3.02 is for claimants whose lungs cannot properly oxygenate their blood. The important test results here are the DLCO , the PO2 , and the PCO2 .

Alternatively, if you have been hospitalized for at least two days three times within a year due to your breathing problems , you will be automatically approved for disability benefits.

Because the tables of lung function results in listing 3.02 are technical, you may wish to ask your doctor, preferably your pulmonary specialist, whether you meet the listing.

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Ada Protections Vs Ssi Benefits

Employment law ensures that workers receive a number of protections and benefits when they are dealing with a disability or health condition. While the Americans with Disabilities Act prohibits disability discrimination and provides reasonable accommodations, Social Security Insurance benefits are given to people who are unable to work due to their health condition.

Employees need to determine which option is best according to the severity of their asthma.

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Dont Be Afraid To Speak Up

The ADA prohibits retaliation, harassment or coercion against people who exercise their rights or assist others in doing so. You may file a complaint with the DOJ if you feel you have been treated unfairly. The DOJ can sue to seek money damages and civil penalties in cases of general public importance, or where there is a pattern or practice of discrimination. You can find a list of all government agencies that handle ADA complaints at .

You can also file a private suit to get a court order requiring a business or program to make necessary changes and possibly to pay attorneys fees. You might also be able to get your job back and get back pay.

Let us work together to promote positive attitudes and safe environments for those with asthma and allergies. We can help fulfill the promise of the ADA for ourselves and our children.

Legal Review March 2016

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Is Asthma A Disability Eligible For Social Security Benefits

News, Asthma, Severe Asthma News & Updates

More than 24 million people in the United States live with asthma, a chronic disease that can cause shortness of breath, coughing and wheezing. Asthma attacks can be sudden and serious.

If you have asthma that is so bad you are unable to work, you can file a claim for Social Security disability benefits.

Disability benefits make it easier to cover living expenses like rent or a mortgage, food and utilities. The only requirement to be met to file a claim for disability benefits is that you expect to be unable to work for at least a year because of your condition.

Is Asthma Classified As A Disability Under The Ada

Has Asthma Prevented You From Working? Find Disability Relief

Whether asthma is classified as a disability under the ADA depends on the severity of the medical condition, the lawyers advocacy, the judge, and perhaps even the jury.

Judges have classified asthma as a disability in some cases and decided not to in others.

With cases that go to court, its never clear what will happen.

In court cases, judges sometimes decide lawsuits by just reading papers that lawyers present to the court.

These papers, known as briefs, contain the lawyers legal arguments on behalf of their clients.

The judge, after reading the briefs, can decide a case based on nothing more than papers that lawyers write no jury, no trial, just legal documents.

After the judge decides the case, the judge will issue whats called an opinion.

The opinion will state the relevant facts and give the reason why the court decided the way it did.

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Help With Your Disability Application

Do you have questions about applying for asthma-related disability? Request a complimentary copy of attorney John Keefes book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process. For a more direct approach, contact our office directly at 508-283-5500 to schedule a one-on-one consultation to discuss your claim. The meeting is FREE, so you have nothing to lose.

Can I Work With Asthma

Asthma is a condition that affects your ability to breathe due to inflammation of the bronchial tubes. This inflammation causes a breathing obstruction that can impair both inhaling and exhaling. In some cases, asthma is genetic. Others contract asthma as a result of environmental factors. Nearly a quarter of all who develop asthma as adults developed the condition as a direct result of workplace factors.

Because of this, you would be wise to consult a Social Security Disability lawyer before making a Social Security Disability claim due to asthma. In many cases, you may be entitled to damages from your former employer in addition to Social Security Disability benefits.

Asthma symptoms range from mild to severe. Most people with asthma are able to continue working, especially once appropriate medication has been prescribed. However, the Social Security Administration does recognize that asthma is a potentially debilitating condition. Because of this, there are specific standards by which asthma symptoms can be measured to determine if you are qualified for Social Security Disability benefits.

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What Is A Disability

Lets start with Cambridge Dictionary.

A physical or mental condition that makes someone unable to act in a way that is considered usual for most people.1

So, here is how the Americans with Disability Act defines disability:

A person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability.”2

I suppose asthma could qualify under this definition. You cant breathe. You certainly cant work. But, I think most people asking this question want to know if they qualify for disability. My answer is: It depends. It depends on whether you are seeking short or long-term disability.

How Can You Medically Qualify For Asthma Disability Benefits

Disability and Your Work History – Explore the Relationship

Asthma can make it impossible to work, especially if you work in an industry where there are often pollutants in the air.

The Social Security Administrations Blue Book contains a list of the conditions that qualify for disability benefits. It has a listing for asthma. To meet the requirements you must have a diagnosis of asthma and it must be severe enough to require intensive treatments and make it impossible for you to work. The SSA considers intensive treatments to be:

  • intravenous bronchodilator
  • antibiotic administration
  • prolonged bronchodilator therapy in a hospital, emergency room or similar setting

If you dont meet the requirement for intensive treatment or if your asthma flares arent prolonged or daily, you can still qualify for Social Security disability benefits under Medical Vocational Allowance.

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What Does Reasonable Accommodation Mean

Reasonable accommodations are adjustments or modifications provided by an employer that enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities, or even all people with the same disability, will require the same accommodation.

What Is Reasonable Accommodation

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.

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Identify And Avoid Your Triggers

It’s important to identify possible asthma triggers by making a note of where you are and what you’re doing when your symptoms get worse.

Some triggers can be hard to avoid, but it may be possible to avoid some, such as dust mites, pet fur and some medicines.

You’ll have regular contact with your doctor or asthma nurse to monitor your condition.

These appointments may involve:

  • talking about your symptoms for example, if they’re affecting your normal activities or are getting worse
  • a discussion about your medicines including if you think you might be experiencing any side effects and if you need to be reminded how to use your inhaler
  • breathing tests

It’s also a good chance to ask any questions you have or raise any other issues you want to discuss.

You may be asked to help monitor your condition between appointments. For example, you may be advised to check your peak flow if you think your symptoms may be getting worse.

Your personal action plan should say what to do if your symptoms get gradually or suddenly worse. Contact your doctor or asthma nurse if you’re not sure what to do.

Social Security’s Listings For Respiratory Disorders

Asthma Lungs

Individuals who fulfill the requirements of a disability listing in Social Security’s Blue Book are approved for disability benefits automatically. However, the SSA’s listing requirements for respiratory disorders, like those for most other medical impairments, can be very difficult to meet. Here are some of the key listing requirements for respiratory disorders.

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Are Asthma And Allergies Disabilities

Has a preschool rejected your child? Or was your child left out of a field trip because a teacher was afraid to use an epinephrine auto-injector? Does a moldy carpet at work or school make you sick? Does stale smoke in offices, hotel rooms or conference centers make it hard for you to work?

The Americans with Disabilities Act is a federal civil rights law. It gives people with disabilities the right to ask for changes where policies, practices or conditions leave you out or put you at a disadvantage. Public companies and places must give people with disabilities full access to all facilities, programs, goods and services. They must also give them the chance to enjoy these places and services just like someone without disabilities.

The ADA borrows from Section 504 of the Rehabilitation Act of 1973. The Rehabilitation Act says agencies, programs and services that receive federal money cannot discriminate based on disability when it comes to jobs or education.

This includes public accommodations, such as:

  • Restaurants
  • Non-religious private schools
  • Child care programs

These places must be accessible to and usable by those with disabilities. No one can be left out or denied services because of a disability. They also cannot be left out due to ignorance, attitudes or stereotypes others may have about disabilities.

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