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People suffering from diabetes can be found at workplaces. These individuals do not want their disease to interfere with their everyday lives or careers, and with proper disease management, they can and will continue to be productive members of the workforce. Employees with diabetes can have an impact on your company. It can cause increased health care costs and hamper productivity if the disease is not properly managed. However, it is important for employers to avoid discriminating against employees with diabetes. By providing diabetes management education and support for your employees, you can help them manage their conditions and remain productive workers. Types of Diabetes Type 1 diabetes: Usually diagnosed before age 30. Pancreas produces little or no insulin, so the body cannot control the amount of sugar (glucose) in the blood. Type 1 diabetes sufferers take insulin and monitor their blood sugar, eat healthy foods and engage in regular physical fitness to control blood sugar levels. Type 2 diabetes: Usually diagnosed after age 40. Pancreas produces insufficient amounts of insulin and/or the body cannot use the insulin to control blood sugar levels. Managed by eating healthy foods, engaging in regular physical fitness, taking medication and monitoring blood sugar levels. Gestational diabetes: Pregnant women can develop gestational diabetes when blood sugar becomes elevated because their bodies cannot produce enough insulin or cannot use insulin properly. Managed similar to Type 2 diabetes. The Employer’s Role Since diabetic employees need education to manage their disease, you can take an active role to help in their efforts. Here are some easy yet effective ways to assist your diabetic employees: Create a supportive work environment so that employees feel comf Continue reading >>
Social Security Disability For Diabetes (type I Or Type Ii)
Diabetes happens when the body doesn't produce enough insulin to process glucose. Diabetes can often be controlled with treatment -- a combination of medication and diet. As a person gets older, sometimes diabetes can't be controlled, and then it can cause damage to internal organs and other problems. Symptoms and Complications of Adult Diabetes Symptoms of both diabetes type 1 and diabetes type 2 include frequent urination, unusual thirst and hunger, and extreme fatigue. People with type 2 diabetes also can suffer from tingling or numbness in the hands and feet, frequent infections, and cuts that are slow to heal. Complications from diabetes include: retinopathy (eye and vision problems) nephropathy (kidney disease) neuropathy (nerve damage) in feet or hands that disrupts your ability to stand, walk, or use your hands hypertension (high blood pressure) gastroparesis (a type of nerve damage that interferes with digestion) peripheral arterial disease (reduced blood flow to your limbs) cellulitis (skin infections), and Qualifying for Disability Benefits with Diabetes If you have uncontrolled diabetes and you have been prevented from working for at least 12 months, or you expect that you won't be able to work for at least 12 months, then you may be eligible for Social Security disability (SSDI/SSD) benefits or Supplemental Security Income (SSI) benefits. But to qualify for disability benefits, the damage caused by your diabetes must severely limit what you can do, or you must have complications that fulfill the requirements of one of Social Security's disability listings. If your diabetes is uncontrolled because you don't follow your doctor's prescribed treatment, you won't be eligible for disability. For more information, see our article on failing to comply with treatmen Continue reading >>
Diabetes And Social Security Disability
Diabetes - Condition Diabetes is a medical condition in which a person’s level of glucose, or blood sugar, is elevated. In a properly functioning circulatory system, blood carries glucose to all the cells in the body in order to produce energy, while the pancreas produces insulin to help the body absorb excess glucose. High levels of glucose in the blood are an indication that the body is not producing enough insulin, or that the insulin produced is not working as it should to help the body absorb glucose, indicating a Diabetic or pre-Diabetic condition. There are three types of Diabetes: Type 1, or “juvenile” Diabetes Type 2, or “adult onset” Diabetes, and Gestational Diabetes Diabetes mellitus is the medical name for both Type 1 and Type 2 Diabetes. Pre-Diabetes is a condition in which blood glucose levels are elevated, indicating that an individual has a high risk of developing full-fledged Diabetes. Diabetes is a very serious disease which can result in high blood pressure, damage to the eyes, nerve damage, kidney disease, heart disease, blindness, and stroke. In addition, it is not uncommon for a long term diabetic to loose limbs to amputation because of poor circulation. Symptoms The presence of Diabetes is generally indicated by some combination of several symptoms. A diabetic will often experience unexplained: frequent need to urinate, especially if it is combined with extreme thirst, chronic hunger, especially between meals, fatigue, weight loss, and/or general feelings of irritability Many diabetics report dry, itchy skin and trouble with genital itching and fungal infections. A tingling sensation or numbness in the feet is another indication, as is blurred vision. Finally, the skin of many diabetics is slow to heal from wounds, skin abrasions, or so Continue reading >>
Diabetes Not A Disability Under The Ada?
On 1/30/17, a federal judge granted summary judgment to an employer on an ADA discrimination claim on the ground, among others, that the employee’s diabetes was not a disability under the ADA. The court reasoned that the employee had not produced evidence that the diabetes substantially limited him with regard to any major life activities. The case is Sanders v. Bemis Company, Inc. (E.D. Kentucky 1/30/17). The court noted that a number of other federal circuit courts have reached the same conclusion, and that in these cases “diabetes ordinarily fails to rise to the level of a disability under the ADA,” particularly where the diabetes only requires an employee to inject insulin daily, wear a pump and monitor blood sugar and make modest dietary and lifestyle changes. No liability for failure to accommodate. The court also concluded that even if the employee’s diabetes qualified as a disability, the employer was entitled to summary judgment nonetheless. There is a reasonably complex factual background (just like many in ADA/FMLA cases). The court noted that the facility at which the employee worked had changed ownership several times during his employment. When the employee was first hired in 1986, he worked 8 hours shifts. In March 2002, the facility changed ownership and the new owner altered his work schedule and required him to work 12 hour shifts. He submitted a physician’s recommendation that he work an 8 hour shift because of his Type 1 diabetes. The new owners agreed, and he was assigned an 8 hour per day shift of Monday through Friday. Subsequently, the facility changed hands again, and the employee continued to work an 8 hour shift until June 2014 when the employer advised him that he would need to work 12 hour shifts going forward. The employee spoke t Continue reading >>
Is Someone With Type 1 Diabetes “disabled”?
I have never been one to feel limited by monikers or labels. I am a woman, I am an athlete, I am diabetic, I am a sister, I am a friend, and I am disabled. None of those terms define me, but they are an authentic representation of who I am. The epithet in that list that might have surprised you (especially if you have seen me at work as a professional skier) is “disabled.” Now, I know what many of you are thinking. It goes something along the lines of, “My child with diabetes is not disabled,” or “I do not want to be viewed as disabled.” I have some news for you: if you have Type 1 diabetes, you are disabled. Now before you jump all over me, let explain few things about disability to you. I promise, I do not mean to marginalize you or the diabetes community by calling those with Type 1 diabetes “disabled.” Here is the thing, according to the Americans with Disabilities Act “An individual with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities or a person who has a history or record of such an impairment.” When a person’s pancreas doesn’t make insulin, the person’s body is unable to convert glucose into useable energy without exogenous insulin. Useable energy is required to live. Failure to thrive due to an organ not producing a hormone required to sustain life is a “physical impairment that substantially limits” the major life activity of living. If this isn’t enough to convince you that diabetes is a disability covered under the ADA, let’s take a look at the ADA Amendments Act of 2008, which explicitly names diabetes as a disability covered by the ADA. Simply put by the Department of Justice, “The Americans with Disabilities Act (ADA) is a civil righ Continue reading >>
Disability Benefits For Uncontrolled Diabetes And Severe Diabetic Complications
This is a guest post by Molly Clarke. Molly is the Social Media Coordinator for Social Security Disability Help. She contributes regularly to the Social Security Disability Help blog where she works to promote disability awareness and assist individuals throughout the disability application process. Diabetes is a fairly common medical condition that can often be controlled with medication and lifestyle changes. Unfortunately, not every diabetic is able to manage their symptoms. When diabetes cannot be controlled, serious health complications can arise. These may include kidney disease, vision loss, neuropathy, or tissue necrosis. Serious side effects such as these can make it impossible to maintain employment and earn a living. If—despite following medical instructions—serious complications keep you from working, you may be eligible for Social Security Disability benefits. The following article will give you a general overview of Social Security Disability and will provide you with the information needed to begin the application process. Overview and Basic Requirements The Social Security Administration is responsible for two different types of benefits. These are: Social Security Disability Insurance (SSDI) - this type of benefit is offered to disabled workers and their dependent family members. Supplemental Security Income (SSI) - this type of benefit is offered to elderly, blind, or disabled individuals who earn very little income. To qualify for benefits from either program, you must first meet the SSA’s definition of disability. This definition is comprised of the following: You are considered to have a disability if you suffer from a medical condition(s) that prevents gainful employment (Gainful employment is considered to be $1,040 a month for a disabled in Continue reading >>
Ada: The 10 Most Common Disabilities And How To Accommodate
ADA: The 10 Most Common Disabilities and How to Accommodate By Norman H. Kirshman & Roger L. Grandgenett II I. Introduction {1} The Americans with Disabilities Act ("ADA") is the most significant employment legislation in a decade. This paper discusses what constitutes a disability under the ADA and what reasonable accommodation and undue hardship mean. This paper will also analyze the ten most common disability claims and how employers accommodate these disabilities. {2} Title I of the ADA is intended to ensure that individuals with disabilities not be excluded from job opportunities unless they are actually unable to do the job. In a nutshell, no covered entity shall discriminate against a qualified individual with a disability because of the individual's disability with regard to all aspects of employment (job application procedures, hiring and firing, advancement, training, compensation, benefits, etc.). 42 U.S.C.A. § 12112(a). A covered employer must make a reasonable accommodation to the known physical or mental limitation of a qualified individual with a disability unless the employer can show that the reasonable accommodation would cause an undue hardship on the operation of its business. 42 U.S.C.A. § 12112(b)(5)(A). The ADA provides some examples of reasonable accommodation and undue hardship, and these issues will be analyzed later. II. ADA DEFINITION OF DISABILITY: {3} Title I of the ADA protects qualified individuals with disabilities from employment discrimination. Under other employment legislation, such as Title VII or the Age Discrimination in Employment Act, whether an individual is in a protected class is a relatively simple matter. Race, color, sex, national origin and age are, in most cases, easily determined. However, whether an individual is Continue reading >>
Protection From Diabetes Work Discrimination
Part 3 in a 4-part series The Americans With Disabilities Act of 1990 was forced to undergo an overhaul after its shortcomings were exposed in a lawsuit (Sutton v. United Airlines) over whether bespectacled pilots were considered disabled. In the Supreme Court ruling on that lawsuit, diabetes was brought up as a key stress test for the law, as we examined in a previous article in this series. With the Supreme Court’s feedback in hand, regulators realized they needed to rework the law in general, as well as specifically address workplace discrimination protection for people with diabetes. With the active participation of the American Diabetes Association, the 101st Congress overhauled the Americans with Disabilities Act in 2008, adding language to better address the complications of diabetes. The Equal Employment Opportunity Commission (EEOC) then overhauled its regulations and its enforcement and compliance guidelines for employers. The new regulations more clearly defined the need for protection from workplace discrimination for several complications of living with diabetes, including: eyesight problems, diminished feeling in hands and feet, and the need to take time to test, administer insulin, or have a snack. It then offered the best of both worlds in legal protection for people with diabetes. First, it clarified that even if a person with diabetes can successfully navigate the condition with medication, it doesn’t mean diabetes stops being a “disability” that deserves legal protection. Second, it states that having to deal with diabetes shouldn’t necessarily disqualify someone from performing the essential functions of the job. In other words, people with diabetes should not be disqualified from being hired just because they have diabetes, but they should Continue reading >>
Disability Advocates Group, Inc.
How Does the Social Security Administration Decide if I Qualify for Disability Benefits for Diabetes? If you have diabetes, Social Security disability benefits may be available. To determine whether you are disabled by diabetes, the Social Security Administration first considers whether your diabetes is severe enough to meet or equal a listing at Step 3 of the Sequential Evaluation Process. See Winning Social Security Disability Benefits for Diabetes by Meeting a Listing. If your diabetes is not severe enough to equal or meet a listing, the Social Security Administration must assess your residual functional capacity (RFC) (the work you can still do, despite your diabetes), to determine whether you qualify for benefits at Step 4 and Step 5 of the Sequential Evaluation Process. See Residual Functional Capacity Assessment for Diabetes. About Diabetes and Disability The complete name for diabetes is diabetes mellitus. Also known as “sugar” diabetes, diabetes mellitus is a hormonal disorder. The cells of the body need a form of sugar called glucose for energy. The body breaks down various carbohydrates in the diet to glucose. Glucose then circulates to the body’s tissues through the blood. But glucose cannot get from the blood to the inside of the cells where the cells can use it, unless the hormone insulin is also present. Insulin permits passage of glucose through the cell membrane. Insulin is secreted by the pancreas. The pancreas is an elongated organ located behind the stomach. Special cells, known as the Islets of Langerhans, are spread throughout it. These cells produce insulin that is released into the blood. Diabetes occurs when the pancreas does not produce any or enough insulin or when the body is unable to use effectively the insulin that is produced. High Continue reading >>
Diabetes: The Employer’s Role
People suffering from diabetes can be found at workplaces. These individuals do not want their disease to interfere with their everyday lives or careers, and with proper disease management, they can and will continue to be productive members of the workforce. Employees with diabetes can have an impact on your company. It can cause increased health care costs and hamper productivity if the disease is not properly managed. However, it is important for employers to avoid discriminating against employees with diabetes. By providing diabetes management education and support for your employees, you can help them manage their conditions and remain productive workers. Type 1 diabetes: Usually diagnosed before age 30 The pancreas produces little or no insulin, so the body cannot control the amount of sugar (glucose) in the blood. Type 1 diabetes sufferers take insulin and monitor their blood sugar, eat healthy foods and engage in regular physical fitness to control blood sugar levels. Type 2 diabetes: Usually diagnosed after age 40 The pancreas produces insufficient amounts of insulin and/or the body cannot use the insulin to control blood sugar levels. Managed by eating healthy foods, engaging in regular physical fitness, taking medication and monitoring blood sugar levels. Gestational diabetes: Pregnant women can develop gestational diabetes when blood sugar becomes elevated because their bodies cannot produce enough insulin or cannot use insulin properly. Managed similar to Type 2 diabetes The Employer’s Role Since diabetic employees need the education to manage their disease, you can take an active role to help in their efforts. Here are some easy yet effective ways to assist your diabetic employees: Create a supportive work environment so that employees feel comfortable p Continue reading >>
Philadelphia Freedom Valley Ymca - Rocky Run Branch
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNDER THE AMERICANS WITH DISABILITIES ACT BACKGROUND The parties to this Agreement are the United States of America (United States) and the Philadelphia Freedom Valley YMCA—Rocky Run Branch (Rocky Run YMCA) in Media, Pennsylvania. This matter is based upon a complaint filed with the United States, in which Complainants alleged that Rocky Run YMCA discriminated against their child based on her disability in violation of title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189. Specifically, Complainants allege that their child was denied the opportunity to participate in several Rocky Run YMCA childcare programs on the basis of the child's type 1 diabetes. The United States and Rocky Run YMCA have reached agreement that it is in the parties' best interests, and the United States believes that it is in the public interest, to resolve this dispute. The parties have therefore voluntarily entered into this Agreement, as set forth below. TITLE III COVERAGE AND FINDINGS The Attorney General is responsible for administering and enforcing title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulation implementing title III, 28 C.F.R. Part 36. Complainants' child has type 1 diabetes, a physical impairment that substantially limits one or more major life activities, including the operations of the endocrine system, which is a major bodily function. Accordingly, she has a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.104. Rocky Run YMCA has its principal location at 1299 West Baltimore Pike, Media, Pennsylvania 19063 and serves Media, Aston, Newtown Square, Edgemont, Springfield and the surrounding communities. Rocky Run YMCA administers a wide range of Continue reading >>
Diabetes And Employment
As of 2007, approximately 23.6 million Americans have diabetes (1), most of whom are or wish to be participating members of the workforce. Diabetes usually has no impact on an individual's ability to do a particular job, and indeed an employer may not even know that a given employee has diabetes. In 1984, the American Diabetes Association adopted the following position on employment: Any person with diabetes, whether insulin [treated] or non–insulin [treated], should be eligible for any employment for which he/she is otherwise qualified. Questions are sometimes raised by employers about the safety and effectiveness of individuals with diabetes in a given job. When such questions are legitimately raised, a person with diabetes should be individually assessed to determine whether or not that person can safely and effectively perform the particular duties of the job in question. This document provides a general set of guidelines for evaluating individuals with diabetes for employment, including how an assessment should be performed and what changes (accommodations) in the workplace may be needed for an individual with diabetes. I. EVALUATING INDIVIDUALS WITH DIABETES FOR EMPLOYMENT It was once common practice to restrict individuals with diabetes from certain jobs or classes of employment solely because of the diagnosis of diabetes or the use of insulin, without regard to an individual's abilities or circumstances. Such “blanket bans” are medically inappropriate and ignore the many advancements in diabetes management that range from the types of medications used to the tools used to administer them and to monitor blood glucose levels. Employment decisions should not be based on generalizations or stereotypes regarding the effects of diabetes. The impact of diabetes a Continue reading >>
Is Diabetes Covered Under The Americans With Disabilities Act (ada)?
As a woman with diabetes, you should be aware of how you/your disability (diabetes) are covered under the Americans with Disabilities Act. This varies based on your specific circumstances. The good news is that the you are more likely to be covered under the ADA since it was amended by Congress in 2008. In the past, diabetes often was not accepted as a disability under the ADA. However, Congress has made it clear now that it wants a much broader range of disabilities to be covered under the ADA. Congress wants the ADA to apply to most if not all conditions generally considered disabilities to the general public. While the three part ADA definition of a disability has not changed, the recent amendments modified the meanings of phrases used in the definition. The ADA definition of disability is: (1) Disability.--The term 'disability' means, with respect to an individual-- (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. Specifically, the amendments to the ADA require the Equal Employment Opportunity Commission to change their regulations 1) from a strict narrow interpretation of “substantially limits” to a broader more inclusive concept, 2) to prohibit the consideration of most mitigating factors when determining whether a disability is covered under the ADA, 3) to expand the definition of major life activities, 4) to assume that a condition is active even if a condition is currently or sometimes in remission and 5) to allow people that do not have a disability but are merely considered to have a disability to be covered under the ADA without having to show any limits to life activity. These are discussed below in m Continue reading >>
Settlement Agreement Between The United States Of America And Ymca Of The Triangle Under The Americans With Disabilities Act Dj # 202-54-148
BACKGROUND The parties to this Agreement are the United States Department of Justice (United States) and the YMCA of the Triangle (YMCA of the Triangle), located in Raleigh, North Carolina. This matter is based upon a complaint filed with the United States Department of Justice, in which a Complainant alleged that YMCA of the Triangle denied his then five year-old son admission to an after-school program on the basis of his son's disability, in violation of title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189. Specifically, Complainant alleges that his son was denied admission and the opportunity to participate in a YMCA of the Triangle after-school program on the basis of Complainant's son's type 1 diabetes. The United States and YMCA of the Triangle have reached agreement that it is in the parties' best interests, and the United States believes that it is in the public interest, to resolve this dispute. The parties have therefore voluntarily entered into this Agreement, as set forth below. TITLE III COVERAGE AND FINDINGS The Attorney General is responsible for administering and enforcing title III of the ADA, 42 U.S.C. §§ 12181-12189, and the regulation implementing title III, 28 C.F.R. Part 36. Complainant's child has type 1 diabetes, a physical impairment that substantially limits one or more major life activities, including the operations of the endocrine system, which is a major bodily function. Accordingly, he has a disability within the meaning of 42 U.S.C. § 12102; 28 C.F.R. § 36.104. YMCA of the Triangle has its principal location at 801 Corporate Center Drive #200, Raleigh, North Carolina 27607. YMCA of the Triangle serves Wake, Durham, Lee, Johnston, Orange, Chatham and Pamlico counties, with 13 branches and three overnight Continue reading >>
Employment Considerations For People Who Have Diabetes
W W W . H R T I P S . O R G 1A D V A N C I N G T H E W O R L D O F W O R K w w w . h r t i p s . o r g What is Diabetes? Diabetes is a disease in which the body does not produce or properly use insulin. Insulin is a hormone that is needed to convert sugar, starches and other food into energy needed for daily life. Nearly 24 million people in the United States have diabetes, which means that 7.8% of the United States population has the disease. There are two major types of diabetes: Type 1 (formerly known as “juvenile diabetes†or “insulin-dependent diabetesâ€) – a disease in which the body produces very little or no insulin, often first diag- nosed in children and young adults. People with type 1 diabetes must receive insulin from an outside source (typically through injections or use of an insulin pump) to stay alive. Type 1 diabetes accounts for 5 to 10 percent of all cases of diabetes diagnosed in the United States. In type 2 diabetes (formerly known as “adult onset†diabetes) the body retains the ability to make insulin, but cannot make enough to meet its needs because cells cannot recognize insulin or use it as effectively as in people without diabe- tes. Type 2 accounts for 90 to 95 percent of diabetes cases in the United States. Some people with type 2 (particularly in the early stages of the disease) can con- trol their diabetes through diet and exercise. Others must take various types of oral medications, while still others use insulin, much as those with type 1 do. 2 Employment Considerations for People who have Diabetes Diabetes causes blood glucose (sugar) levels to be too high. This is known as hyperglycemia. In the short term, high blood glucose levels can cause hunger, thirst, headache, blurry vi- sion, frequent urinati Continue reading >>
