Keeping Medical Information Confidential
With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee. Under the following circumstances, however, an employer may disclose that an employee has diabetes:
- to supervisors and managers in order to provide a reasonable accommodation or to meet an employee’s work restrictions
- to first aid and safety personnel if an employee may need emergency treatment or require some other assistance because, for example, her blood sugar level is too low
- to individuals investigating compliance with the ADA and similar state and local laws and
- where needed for workers’ compensation or insurance purposes .
8. May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted that she is receiving a reasonable accommodation?
No. Telling co-workers that an employee is receiving a reasonable accommodation amounts to a disclosure that the employee has a disability. Rather than disclosing that the employee is receiving a reasonable accommodation, the employer should focus on the importance of maintaining the privacy of all employees and emphasize that its policy is to refrain from discussing the work situation of any employee with co-workers. Employers may be able to avoid many of these kinds of questions by training all employees on the requirements of equal employment opportunity laws, including the ADA.
Accommodating Employees With Diabetes
The ADA requires employers to provide adjustments or modifications — called reasonable accommodations — to enable applicants and employees with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship . Accommodations vary depending on the needs of the individual with a disability. Not all employees with diabetes will need an accommodation or require the same accommodations, and most of the accommodations a person with diabetes might need will involve little or no cost. An employer must provide a reasonable accommodation that is needed because of the diabetes itself, the effects of medication, or both. For example, an employer may have to accommodate an employee who is unable to work while learning to manage her diabetes or adjusting to medication. An employer, however, has no obligation to monitor an employee to make sure that she is regularly checking her blood sugar levels, eating, or taking medication as prescribed.
10. What other types of reasonable accommodations may employees with diabetes need?
Some employees may need one or more of the following accommodations:
- a private area to test their blood sugar levels or to administer insulin injections
- a place to rest until their blood sugar levels become normal
- breaks to eat or drink, take medication, or test blood sugar levels
- leave for treatment, recuperation, or training on managing diabetes18
- modified work schedule or shift change
Compensation For Secondary Service
When blood sugar levels are controlled with medication and lifestyle changes, people with diabetes can lead active lives. However, poorly controlled diabetes is linked to a wide range of disabling health conditions.
If you win a service-connection for your diabetes, any complication that arises out of your diabetes diagnosis may qualify as a secondary service-connected disability. Some of the common secondary conditions associated with diabetes include:
- Diabetic peripheral neuropathy
- Diabetic retinopathy
- Coronary artery disease, heart attack, or stroke
- Erectile dysfunction
Proper documentation is essential to receive full compensation for any secondary service- connected conditionsespecially if you are seeking Total Disability Individual Unemployability benefits. Working with a skilled attorney is the best way to ensure you have the evidence needed to win your case.
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Stem Cell Treatment For Diabetes
Diabetes is an Autoimmune medical condition subtly affecting our health. Since symptoms of frequent urination and greater thirst do not seem to be dangerous diabetes is highly ignored in the initial stage. And the gravity of the situation is realized only in advanced stages.Diabetes is mainly classified into type I and type 2. Type 1 develops when the body’s immune system sees its own cells as foreign and destroys them. As a result, insulin producing islets cells of the pancreas are lost and thus insulin production is stopped. In the absence of insulin, glucose intake by cells is impaired and it gets accumulated in the blood stream. In type 2 diabetes, insulin resistance is developed due to which cells are unable to utilize insulin for glucose metabolism. Diabetes when uncontrolled can lead to blindness, kidney failure, heart diseases and stroke. Therefore it is very necessary to keep excessive high level of glucose in the blood stream under check.Conventionally, there is no permanent diabetes cure except for medications and insulin injections. However,Stem cells technology has practically fulfilled the promise of dead cell replacements with the new one. With this unique transdifferentiation ability of stem cells, it is possible to develop insulin producing beta cells that are lost from the body.SymptomsMajor Manifestations of Diabetes in patients include the following:Always tired, thirsty, hungry
Should I Hire A Lawyer
You can get through the application — and appeal — process without a lawyer. But appealing a rejection can be hard. So it can be helpful to have an attorney, especially one who specializes in this.
Protection and advocacy organizations can help you find a lawyer who will help you get through paperwork, get your medical records and other necessary information in order, and prepare you for your appeal hearing. They also can represent you in front of the judge.
The SSA must approve your attorneyâs fee, and itâs only paid if you win the appeal. The fee is either 25% of the benefits you earned from the date of your original application through the date your case is decided or $6,000 — whichever is lower.
You can find Protection and Advocacy organizations on the Social Security Administration’s website. The American Bar Association also has information on its website.
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Follow Your Doctors Orders
Left untreated, some of the ailments listed above can lead to death. If you do not follow your doctors treatment plan, benefits may be denied. For example, if your doctor told you to come in for regular follow-up appointments, lose weight, test your insulin level regularly, take medication or insulin shots, get physical therapy, etc., and you are not following through, the disability examiner may conclude that your symptoms are not really severe and serious enough to keep you from working.
Did The Cra Reverse Type 1 Diabetes Eligibility For The Disability Tax Credit
In 2017, the Canada Revenue Agency made a revision to the rules regarding life-sustaining therapy, resulting in those with type 1 diabetes being denied for the DTC.
Under the revised requirements, those who independently manage insulin therapy do not meet the 14-hour per week requirement unless they have other chronic conditions that affect the time needed to maintain their health. However, the decision was reversed only a year later, allowing those with type 1 diabetes to benefit from the tax refund.
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Social Security Disability Insurance
This is for people who have worked for five of the last 10 years and meet the Social Security Administrations definition of disability .
SSDI offers assistance to help you return to work and provides ongoing income if you do not get better. When you receive SSDI you can also qualify for Medicare and prescription drug assistance, explains the ADA.
What Happens When Blood Sugar Is Too Low
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What Is Considered Life
The activities required to maintain diabetes fall under life-sustaining therapy. However, to be found eligible for the DTC for diabetes, you must spend more than 14 hours a week maintaining or treating your diabetes. Some activities that fall under life-sustaining therapy are:
- Insulin therapy
- Purchasing medication
Filing For Social Security Disability With A Diabetes Diagnosis
Diabetes is listed in the Social Security Administrations impairment listing manual, or Blue Book, as a condition which can qualify a person for Social Security Disability benefits. The SSA makes no distinction between Type 1 and Type 2 Diabetes, however, and no mention is made in the Diabetes listing of any of the severe health problems caused by the condition.
Fortunately, many of these severe health problems are listed in the Blue Book as separate disabling conditions, as the SSAs qualification criteria focus on the actual health problems that affect an applicants ability to function in work and basic tasks, rather than specifically on a Diabetes diagnosis.
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Diabetes And Social Security’s Disability Listings
In 2011, Social Security removed its disability listing for endocrine disorders, including diabetes, from its Blue Book, a list of impairments that automatically qualify for disability. As a result, it’s no longer possible to get approved for disability based on a disability listing specifically for diabetes, but you may be able to “meet” other listings in the Blue Book depending on the severity of your symptoms. For example, a person can match the requirements for Listing 11.14 for peripheral neuropathy, when he or she, in spite of treatment, experiences involuntary movements, tremors, or partial paralysis in two extremities that makes it difficult to walk or use his or her hands. Diabetic retinopathy that causes less than 20/200 vision in the better eye would meet Listing 2.02.
Note that diabetic children under 6 who require daily insulin or 24-hour supervision will be automatically found to meet Listing 109.08 until they reach age 6.
Canadian Disability Tax Credit For Diabetes
While people with diabetes can live an active, independent lifestyle, theyll need to adapt to certain changes in diet, exercise, and medications. The Canadian government recognizes both type 1 and type 2 diabetes as disabilities, due to its impact on lifestyle, the constant monitoring of blood sugar levels, and the potential risks associated with the condition.
To help offset the costs of insulin shots and lifestyle adaptations, the Canada Revenue Agency provides disability benefits for diabetes like the Canadian Disability Tax Credit , or Child Disability Tax Credit.
But despite these disability tax refunds being available for many eligible Canadians, unclaimed disability tax credits are all too common. The DTC application process can be tedious, pushing people away from even submitting their T2201 form.
Ssdi And Type I Or Ii Diabetes
There are quite a large number of people who apply for disability benefits due to complications that arise as a result of diabetes. If the diabetes is too severe, it could cause organ damage or medical conditions that limit physical ability. People with diabetes are already classified as people with a disability regardless of the type they suffer from.
Individuals who have uncontrolled cases of diabetes and have spent a period of at least 12 months without working due to the condition are eligible for social security benefits. To qualify for the benefits, it must be established that the level of disease damage is such that the applicant has been rendered incapable of engaging in meaningful work. Sometimes the effects of diabetes become worse because an individual deliberately ignores their doctors advice. In such cases, the applicant is not eligible for disability benefit and if they file an application, it would be rejected.
Can You Reverse Type 2 Diabetes
As for diabetes type 2, the truth is that you can reverse your condition as long as you haven’t had diabetes long enough to become insulin-dependent.
The underlying condition that causes type 2 diabetes is insulin resistance, a buildup of dietary fat in cells that aren’t meant to store it. These cells reject sugars from the blood, causing your levels to spike.
Fortunately, you can reverse insulin resistance, and in doing so, completely reverse type 2 diabetes!
However, after a prolonged period of time with t2 diabetes, your insulin cells “burn out” after needing to overproduce for so long. At this point, even if you reverse insulin resistance, you’ll need to supplement daily insulin.
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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.
Diabetes Rights And Protections
Those living with diabetes deserve fair treatment in:
- Other activities
Under federal law, children have the right to receive diabetes and other care they need in order to participate in school life the same as any other child. Under federal law, schools are required to provide:
- A trained staff member who can administer insulin and glucagon and monitor blood sugar levels
- A trained staff member or members who can provide care specific to diabetes during all school activities including field trips and extracurricular activities
- Permit capable students to self-manage their diabetes at any time and in any place
Under federal law, schools cannot:
- Insist family members attend school to care for the needs of a student with diabetes
- Transfer students with diabetes to a different school in order to receive appropriate care
- Stop students who have diabetes from attending any school-sponsored activity, including field trips and sports days
State laws can be complicated and can be unclear regarding who should care for a child with diabetes at school. Some states give more protections than others.
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Does Diabetes Count As A Disability In Canada
While diabetes is one of the eligible conditions under the DTC, you will only be eligible for the tax refund if you spend an excessive amount of time maintaining the disease.
Due to its impact on activities of daily living and the time spent maintaining the disease from constantly monitoring blood sugar levels to injecting insulin, the CRA considers diabetes a disability.
The CRA provides a tax refund to help offset the costs of insulin shots and lifestyle adaptations through the DTC, which is available to those with either Type 1 or Type 2 diabetes. However, your physical and mental health conditions may/will also be considered.
The CRA will look at many different factors when determining if an individual is eligible for the DTC. To be found eligible, you must:
- Be a Canadian citizen or permanent resident.
- Live with a prolonged impairment, marked restriction, two or more significant restrictions, or depend upon life-sustaining therapy.
- You or your supporter pay federal taxes.
How To Talk With Your Employer
People who want to talk with their employer about a disability may benefit from the following:
- talking with a person with whom they have a good relationship
- taking along a trusted colleague for support, if talking with an employer in-person
- explaining the situation in an email first, if a medical situation is complicated
- thinking of questions that an employer may ask and preparing answers in advance
- being aware that an employer may require medical documentation
- making a list of jobs that may require some sort of adjustment for the person to be able to carry out their work effectively
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It’s Difficult To Get Disability For Controlled Diabetes But Most Diabetic Applicants Suffer From Related Medical Problems That Limit Their Ability To Work
By Aaron Hotfelder, J.D., University of Missouri School of Law
An individual may qualify for Social Security disability benefits based on uncontrolled diabetes or related symptoms like peripheral neuropathy or poor vision. While diabetes that is well-controlled with medication won’t form the basis of a successful claim on its own, most disability applicants with diabetes also suffer from other medical problems that limit their ability to work. When filing for disability benefits for diabetes, it’s important to list all your symptoms and diagnoses, even those unrelated to your diabetes.