Guest guest Posted September 16, 2008 Report Share Posted September 16, 2008 I applied for Disability here in the United States last year. I was initially denied. I understand that they deny everyone the first time. Currently I am on my first appeal. I am struggling to get them to understand how disabling this condition is and how greatly it affects my life. How hard it is to live with it, and do the " normal " things most people take for granted. We'll see what happens. So far it seems that they don't consider what we have a disability. Even though it is a disabling condition. Go figure!? I hope that changes. I'll let you know what happens. -Rand geoff_olding wrote: > > > Has anybody taken or considered taking action under either the Americans > with Disability Act of 1990, or the Disability Discrimination Act 1995 > (for the UK)? > > > > I should first say that I am from the UK and not a lawyer, so please > don't take any action without seeking proper advice, but for a layman's > interpreration, here goes: > > > > *The Americans with Disability Act 1990 > (*http://www.ada.gov/pubs/ada.htm#Anchor-43793 > <http://www.ada.gov/pubs/ada.htm#Anchor-43793>)** > > > > /Definition of disability (Section 12102, part 2)/ > > The term " disability " means, with respect to an individual > > (A) a physical or mental impairment that substantially limits one or > more of the major life activities of such individual; > > ( a record of such an impairment; or > > © being regarded as having such impairment > > /Responsibility of Employer (Section 12112, b5)/ > > (A) not making reasonable accommodations to the known physical or mental > limitations of an otherwise qualified individual with a disability who > is an applicant or employee, unless such covered entity can demonstrate > that the accommodation would impose an undue hardship on the operation > of the business of such covered entity; or > > *Disability Discrimination Act 1995 > (*http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_1 > <http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_1>)** > > > > /Definition of Disability > /(http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_2#pt1-l1g1 > <http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_2#pt1-l1g1>)// > > > > Subject to the provisions of Schedule 1, a person has a disability for > the purposes of this Act if he has a physical or mental impairment which > has a substantial and long-term adverse effect on his ability to carry > out normal day-to-day activities. > > > > /Responsibility of Employer > /(http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_2#pt2-pb1-l1g6 > <http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_2#pt2-pb1-l1g6>) > > > > (1) Where— > > (a) any arrangements made by or on behalf of an employer, or > > ( any physical feature of premises occupied by the employer, > > place the disabled person concerned at a substantial disadvantage in > comparison with persons who are not disabled, it is the duty of the > employer to take such steps as it is reasonable, in all the > circumstances of the case, for him to have to take in order to prevent > the arrangements or feature having that effect. > > > > /Responsibility of Service Providers (shops, restaurants, public > services etc.) > (http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_4#pt3-pb1-l1g21 > <http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_4#pt3-pb1-l1g21>)/ > > > > Where a provider of services has a practice, policy or procedure which > makes it impossible or unreasonably difficult for disabled persons to > make use of a service which he provides, or is prepared to provide, to > other members of the public, it is his duty to take such steps as it is > reasonable, in all the circumstances of the case, for him to have to > take in order to change that practice, policy or procedure so that it no > longer has that effect. > > > > > > I shall take these acts together, as they seem be to very similar, at > least as far as definitions and employment rights are concerned. > > > > Surely it is the case that: > > > > * Sufferers from 4S, along with sufferers from other hearing > problems such as hypercasusis and tinnitus, fall into the > definition of " disabled " . > * The " reasonable adjustments " that employers must make must include > noises which are not required for the proper functioning of the > business, including irritants from co-workers. > * All shops and other services in the UK must cut out excessive > noise, including piped music. > > > > In theory, I would have thought we were in a better position than the > physically disabled, since a lot of what is " reasonable " could be cut > out at zero or minimal cost. > > > > Any thoughts on this or any other aspects of the acts? > Quote Link to comment Share on other sites More sharing options...
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