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No, neither depression or anxiety are disabilities.
No.
Depression counts as a disability in many states.
No, neither depression or anxiety are disabilities.
Sure you do, if you're advocating for all of us to be subject to expenses and potential legal obligations and liabilities based on a claim by someone that they have a mental illness.
And, with the ADA, the big thing to remember, its Reasonable Accommodation. Employers are never expected to offer unreasonable accommodation, that is how the law is written.A person with a mental illness can have scheduling accommodations for work (remote on some days, flexibility to go to therapy, etc.) or have environmental options offered--such as a quiet area to work in, or a space to retreat to if they need a few minutes to get through a panic attack, etc. Other issues concern leave of absences and the need to hold jobs for those in the hospital--for suicide attempts or medication regulation, etc.
That's how the law works, as I'm understanding it so far Hope that helps!
You are wrong again.No, neither depression or anxiety are disabilities.
Some of the cynicism has arisen from abuse of the system, which many of us have witnessed from people we know. For every ten cases of genuine chronic back injury/mental illness, there may be one that is claiming a disorder to fraudulently obtain benefits they do not need.It takes a diagnoses, not an individual choosing a label for themselves. And the ADA does cover mental illness, but your sentiment is one I've seen before.
Do you recall where you developed your position? Which experts or people you heard give this sentiment in such a persuasive way that you agreed? That would be super helpful
Yes, there is.
I do this every single day that I work.
Real mental illness has symptoms and is caused by something. In some cases, that cause is trauma, in others its substance use. Some mental illness runs in families (anxiety, bipolar, and a few others) and tends to be handed down.
I suggest you read the DSM5-TR and learn about this subject.
Interesting.No, neither depression or anxiety are disabilities.
Wow, that was original...
Yup, and defining what that is can be a good time...And, with the ADA, the big thing to remember, its Reasonable Accommodation. Employers are never expected to offer unreasonable accommodation, that is how the law is written.
Spoken like an angry employer who cares about themselves and their bottom line.
Some mental illnesses can also be shown with imaging
I'd love to have those stats for my paper. Do you have any sources for that?Some of the cynicism has arisen from abuse of the system, which many of us have witnessed from people we know. For every ten cases of genuine chronic back injury/mental illness, there may be one that is claiming a disorder to fraudulently obtain benefits they do not need.
Sorry, I don't, and I pulled the 1/10 number out of my rear.I'd love to have those stats for my paper. Do you have any sources for that?
I don't disagree that there are fraudsters out there--they infiltrate every corner of our society. If it wasn't this, it would be something else.
But that's the stigma talking because people commit insurance fraud all the time--but we don't suspect everyone with insurance is likely a fraudster. That's reserved for the mentally ill, the homeless, or addicts, and for some very unlucky folks--they have all three problems.
But I would love the fraud stats--it would really help with the 'anti' portion of my paper
Yep. Had a situation where our only warehouse worker had a letter from the VA stating he couldn’t lift more than 5 pounds and it was a permanent condition. Obviously that eliminated his ability to work in the warehouse so we offered him other jobs in the facility, which he turned down. The accommodation he wanted was for us to hire him an assistant. We declined as we felt that was not a reasonable accommodation and terminated him because he refused the other positions.And, with the ADA, the big thing to remember, its Reasonable Accommodation. Employers are never expected to offer unreasonable accommodation, that is how the law is written.
Ooooo--great suggestion! Thank you!Sorry, I don't, and I pulled the 1/10 number out of my rear.
There are insurance/SSDI fraud investigators out there, I bet some googling about their work will give you some useful information.
Good luck with your paper.
Okay everyone! I need your help. I'm doing a paper on the American with Disabilities Act and while I understand we're all very generous with our grace when it comes to folks in wheelchairs or amputees with prosthetics, etc. but I'm hunting for the portion of the ADA that covers mental illness as a disability. Since this is a government regulation on how businesses manage their employees with mental illnesses--such as depression and anxiety--and also know the stigma surrounding mental illness, I figured I'd ask you all.
Do you believe mental illnesses like depression and anxiety are a disability that SHOULD be covered under the ADA? What is your position on this subject? Do you have links you can share?
Thanks so much for your help with my homework
Yeah--I used to work receiving so I understand that! It's unfortunate that they didn't have a job coach to work with him if he was permanently disabled. Though usually they don't do the actual work, so that may have not helped either.Yep. Had a situation where our only warehouse worker had a letter from the VA stating he couldn’t lift more than 5 pounds and it was a permanent condition. Obviously that eliminated his ability to work in the warehouse so we offered him other jobs in the facility, which he turned down. The accommodation he wanted was for us to hire him an assistant. We declined as we felt that was not a reasonable accommodation and terminated him because he refused the other positions.
I've had similar, and that is OK. ADA was written so that subsequent lawsuits would help define it.Yep. Had a situation where our only warehouse worker had a letter from the VA stating he couldn’t lift more than 5 pounds and it was a permanent condition. Obviously that eliminated his ability to work in the warehouse so we offered him other jobs in the facility, which he turned down. The accommodation he wanted was for us to hire him an assistant. We declined as we felt that was not a reasonable accommodation and terminated him because he refused the other positions.
What are you worried about? Let's say that person has severe anxiety issues. A company may accommodate them by allowing them to work from home or letting them attend meetings virtually. However, if they can't do their job, they can still be let go for performance reasons.If there was a way to distinguish between genuine cases of mental illness, and fraudulent ones, I would say of course they should be included. The problem is that there is no such way.
I think you've come around to understand there are many ways to be certain someone has a mental illnessIf there was a way to distinguish between genuine cases of mental illness, and fraudulent ones, I would say of course they should be included. The problem is that there is no such way.
And in those cases, or cases where the condition can accurately and objectively be demonstrated, I'm 100% on board with accommodations for them.
Yes that helps and in that case mentally ill people should be protected under ADA. BUT I don’t know of any that areA person with a mental illness can have scheduling accommodations for work (remote on some days, flexibility to go to therapy, etc.) or have environmental options offered--such as a quiet area to work in, or a space to retreat to if they need a few minutes to get through a panic attack, etc. Other issues concern leave of absences and the need to hold jobs for those in the hospital--for suicide attempts or medication regulation, etc.
That's how the law works, as I'm understanding it so far Hope that helps!
It shouldn’t.No.
Depression counts as a disability in many states.
Which is separate from depression and anxiety.You are wrong again.
PTSD is a severe form of anxiety disorder.
And shouldn’t.It is very much a disability and qualifies for Social Security benefits.