The Americans with Disabilities Act (ADA) is a civil rights law that generally prohibits discrimination against people with disabilities, with the goal of giving people with disabilities the same rights and opportunities as everyone else. The original disability law was passed in 1990, but in 2008 it was revised via the Americans with Disabilities Act Amendments Act (ADAAA). These amendments made significant changes to the definition of “disability” as well as narrowed down the requirements for certain cases, such as with small businesses.
The 5 Titles
ADA disability law is divided into five titles (sections) that apply to different aspects of public life:
Title I deals with employment. It helps people with disabilities access employment opportunities and benefits, and applies to employers with 15 or more employees. Employers are required to provide reasonable accommodations which enable those with disabilities to be able to do the job effectively. This title defines disability, establishes guidelines for “reasonable accommodation,” and addresses the subject of medical examinations and inquiries.
Title II deals with public entities, prohibiting discrimination based on disability by state and local government agencies. Title IIrequires public entities to make their programs, services, and activities accessible to people with disabilities. This involves identifying architectural barriers and communicating effectively with those who have related disabilities.
Title III deals with public accommodations, which includes privately owned, leased or operated facilities like hotels, restaurants, retail stores, schools, health clubs, sports stadiums, movie theaters, etc. Title II requires businessesto make reasonable accommodations to serve and communicate with people with disabilities.
Title IV deals with telecommunications. Telephone and Internet companies are required to provide a nationwide system of interstate and intrastate telecommunications relay services that enable people with hearing or speech disabilities to communicate over the telephone. Title IValso requires federally-funded public service announcements to have closed captioning available.
Title V deals with other provisions that don’t fit under the other titles.
Who Does it Cover?
The ADA only covers people with disabilities. Disability is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities. These life activities include seeing, walking, communicating, sitting, and reading.
The ADA does not specify all disabilities that may be covered, but as of 2020, it is likely to cover
- Back injuries
- Heart failure
- Coronary artery disease
- Vision loss
- Hearing loss
- COPD
- Asthma
- Multiple Sclerosis
- Cerebral palsy
- Parkinson’s disease
- Epilepsy
- Depression
- Anxiety
- Autism
- HIV/AIDS
- Lupus
- Rheumatoid arthritis
- Sjogren’s Syndrome
- Marfan Syndrome
- Dermatitis
- Liver disease
- IBD
- Kidney disease
- Cancer
- Hemolytic anemia
- Bone marrow failure
- Bi-Polar Disorder
- PTSD
- Schizophrenia
- Diabetes
- Migraines
Conditions of short duration, such as sprains, infections, and broken limbs, are unlikely to be covered. Depression and stress (ex: anxiety) may also not be covered if they are the result of personal life or job pressures.
Being qualified for accommodations under the ADA does not mean that you qualify for disability benefits under Social Security. The opposite is also true. The definitions of disability for the two programs and their purposes are different. While the ADA is meant to help people participate fully in most aspects of public life, Social Security disability is meant to provide some minimal income when you are not able to work because of a disability.
It’s not easy to get SSDI or SSI benefits, and to be honest, Social Security denies most applications. In one survey, only 42% of respondents were approved for benefits. However, there are ways to increase the likelihood of a successful application:
People who have been disabled by a life event should apply as soon as possible. This is because the approval process can take a significant amount of time; at best about six months and in many cases 2-3 years or more.
Strong medical evidence is a major factor in the success of a claim. People with disabilities should get the help of a doctor or other medical professional to create the needed evidence for their application. Social Security will not believe anything you say about your condition unless it is backed up by strong medical support. Those who apply without the help of a medical professional are much less likely to receive benefits.
If you are still working when you file your SSDI or SSI application, that can also hurt your chances of getting approved. Applicants who are working over the limit that Social Security allows are immediately denied regardless of their medical conditions. , Working at the time of application can make it much more difficult to prove that you are sufficiently disabled to qualify for benefits because for many Social Security decision makers, doing any work is evidence that you are capable of working full time. If you are working, it is very helpful to get a note from your doctor explaining what your limitations in doing that work are, especially if your limitations include working less than full time hours.
If your application is approved, disability benefits will continue until you are able to work again on a regular basis or until you reach full retirement age. Special rules, called “work incentives,” help those affected make the transition back to work by providing continued benefits and health care coverage during the transition period.
When you’re applying for protection under the Social Security Act, it can be extremely helpful to seek aid from a disability lawyer to streamline the process, answer your questions, and increase your chances of getting your claim approved on the first try. Contact us today to see how we can help with your case.