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Disability - Return to Work Accomodations

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    Disability - Return to Work Accomodations

    What if you agree to return to work with a set of officially approved ADA Accommodations, but your employer is not respecting them? Try to go back on leave? Quit and file suit for violating your rights under the ADA (I work for a large fortune 100 company who is often in the press for their commitment to Disabled People, Minorities, LGBTQ - I am 99.9% sure they would quietly settle before risking bad press involved a person with such a "provable" and widely known for being disabling medical issue).

    Is HR aware the accomodations are not being granted? If not and it is your management, I would make sure HR is aware. Most HR reps don't want to expose companies to potential lawsuits.

    ​​​​​I would also consult with an attorney who specializes in ERISA law. If their denial of accomodations is causing health issues and you have short term/long term disability as a benefit, you may want to use that. Likewise, FMLA. Just make sure you understand company policy on any rules in place which govern these benefits (how much time, frequency of claims, disability definition, etc...).

    If you quit and have a company benefit of LTD, you will lose that benefit. You also lose health benefits if you are using them . And if you sue, it could drag out a long time and you may have legal fees associated I the suit. If you file for SSDI, and are successful, medicare doesn't kick in until 2 years from disability award date, so you need a healthcare option.

    Lots to think about which can affect your financial future, which is why I would not make any rash decision and would consult an attorney.

    Really sorry to hear your company is not respecting accomodations which were granted previously.
    DX 01/06, currently on Tysabri


      If your immediate supervisor isn't cooperating with you, then go over their head to the next person. In a situation like this, you want to follow the proper steps so that no one is blindsided and then uses that against you. If you've tried speaking with a number of people in authority and no one will help you, then it's time to go to HR. Make sure you document what is supposed to be, what is, and how you've attempted to fix it so far. With any luck, it'll turn out to be ignorance on the part of a low-level manager. Whatever you do, don't quit!