SD and dysabilities

You all have been very supportive, but when I looked at the Americans with Disablities page, nothing is on there about voice disabilities.

So, those of you who have been dealing with this tell me what you think.

Also, After going back into my history of all this, I think it is neurology based. Thoughts and comments are very appreciated. Also, if anyone on the board is in Northern Virginia let me know.

Also, from a related Q&A site ( http://www.usdoj.gov/crt/ada/qandaeng.htm):
"Q. Who is protected from employment discrimination?

A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.

The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment. For example, this provision would protect a qualified individual with a severe facial disfigurement from being denied employment because an employer feared the "negative reactions" of customers or co-workers.

Q. Who is a "qualified individual with a disability?"

A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the oeessential functionsī of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job."

It seems to me that we are covered under the parts about speech disorders including the vocal chords. I suppose the only grey area is whether it "severely impacts" a major life activity. In my mind, talking would be a major life activity, but the real question is "severely impacts". I guess in part it depends how bad a case is and how much you need it for your job.

Hope this is helpful to all.

-Karen (AD/SD, WA)

The following text is taken from the The Americans with Disabilities Act
Title II Technical Assistance Manual,Covering State and Local Government Programs and Services. As you can see by the URL ( http://www.usdoj.gov/crt/ada/taman2.html), this website is put out by the Dept of Justice. I think the text is pretty clear that we qualify (but then again, I'm not a lawyer!):

"Title II protects three categories of individuals with disabilities:

1) Individuals who have a physical or mental impairment that substantially limits one or more major life activities;

2) Individuals who have a record of a physical or mental impairment that substantially limited one or more of the individual's major life activities; and

3) Individuals who are regarded as having such an impairment, whether they have the impairment or not.

II-2.2000 Physical or mental impairments. The first category of persons covered by the definition of an individual with a disability is restricted to those with "physical or mental impairments." Physical impairments include --

1) Physiological disorders or conditions;

2) Cosmetic disfigurement; or

3) Anatomical loss

affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs (which would include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.

Specific examples of physical impairments include orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV disease (symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. "

(Further down the page): "II-2.4000 Substantial limitation of a major life activity. To constitute a "disability," a condition must substantially limit a major life activity. Major life activities include such activities as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

When does an impairment "substantially limit" a major life activity? There is no absolute standard for determining when an impairment is a substantial limitation. Some impairments obviously or by their nature substantially limit the ability of an individual to engage in a major life activity.

ILLUSTRATION 1: A person who is deaf is substantially limited in the major life activity of hearing. A person with a minor hearing impairment, on the other hand, may not be substantially limited.

ILLUSTRATION 2: A person with traumatic brain injury may be substantially limited in the major life activities of caring for one's self, learning, and working because of memory deficit, confusion, contextual difficulties, and inability to reason appropriately.

An impairment substantially interferes with the accomplishment of a major life activity when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people.

ILLUSTRATION 1: A person with a minor vision impairment, such as 20/40 vision, does not have a substantial impairment of the major life activity of seeing.

ILLUSTRATION 2: A person who can walk for 10 miles continuously is not substantially limited in walking merely because, on the eleventh mile, he or she begins to experience pain, because most people would not be able to walk eleven miles without experiencing some discomfort."

"If a person's impairment is greatly lessened or eliminated through the use of aids or devices, would the person still be considered an individual with a disability? Whether a person has a disability is assessed without regard to the availability of mitigating measures, such as reasonable modifications, auxiliary aids and services, services and devices of a personal nature, or medication. For example, a person with severe hearing loss is substantially limited in the major life activity of hearing, even though the loss may be improved through the use of a hearing aid. Likewise, persons with impairments, such as epilepsy or diabetes, that, if untreated, would substantially limit a major life activity, are still individuals with disabilities under the ADA, even if the debilitating consequences of the impairment are controlled by medication. "

For excellent advice, pay attention to Karen's posts and the posts of others on this BB, which may address their specific cases. I know of several people who post periodically on this BB who qualified for "disability payments" under the Federal Law, the Americans with Disabilities Act (ADA).

I've posted items to this BB in the past on this subject (do a SEARCH) as have others. Because I have an advanced degree in Human Resource Management (which is a field in the employment arena which is heavily affected by the ADA), I've researched it for many years AND have been personally affected by its non-understanding and absence. In 1999, I filed a complaint against my employer for forcing me to resign because I could not do the job due to heavier than normal talking and breathing requirements, when I had ID'ed myself as disabled in those two areas (talking and breathing). In addition, I got fired from my high-tech employer in 1996 due to the sound of my voice. I chose to walk away from that one because it was too complicated to sue.

My best advice to all (which I have stated before on this BB) is to get a copy of the ADA and read it and find a good attorney who can fight for your rights. The ADA does NOT mention SD specifically but it is very clear that impairments in seven basic human functions (which keep you from working), such as seeing, hearing, speaking, breathing, moving, etc. are covered. SD is a "speaking function" and if you cannot do your job because you have become impaired in not being able to speak due to what is acknowledged as a serious neurological disorder affecting your ability to speak, you qualify under the ADA.

In my case, I have two ADA issues (both breathing and speaking) yet I do not qualify for SS-Disability due to my corporate pension. Doesn't mean I don't follow this issue though. Get a good attorney, Jean. Also write me on private email as I know several people who have been through the process and you appear to be fully entitled.

Good luck and, when it all works for you, please post on this Bulletin Board in order to help others.