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Transcripts-8/20/2001
Karen Choate, a legal aid lawyer with RA,
will discuss disability insurance, family law and answer our questions.
InsightHostRon> K, Karen Choate, a legal aid lawyer with RA,
will discuss disability insurance, family law and answer our questions.
InsightHostRon> Tonight we will not do the formal session but will
do more of a roundtable
InsightHostRon> Please respect out guest and ask only one question
at a time
kjcatty> Want some background on my practice...that could help give us
some structure..
kjcatty> I plan on being active on site- so this can be as wide open as folks
like.
kjcatty> I am the directing attorney of a three county legal aid office in
Saginaw Michigan. I supervise 15 people...
kjcatty> 5 paras, 5 lawyers, three support staff and a pro bono coordinator.
I also carry a caseload
kjcatty> in education law, family law and public benefits. Rest of my staff
specialize in a variety of areas.
kjcatty> Housing, economic development, employment law etc....
kjcatty> Would be happy to field questions specifically in disability stuff but
would be open for general legal discussion
kjcatty> I am on this site because I also have RA
InsightHostRon> any general comments to focus things for us Karen....'
InsightHostRon> especially in the disability ane workplace arenas
kjcatty> I offered to do disability stuff because I think many people are
unclear as to how one qualifies for disability... and how to ask for
accommodations while still working.
InsightHostRon> That sounds like a good starting point, What kind
of things should we be aware of or be careful of...
kjcatty> Also people tend to confuse state and federal programs and needs
based disability (SSI) and income based Disability (SSD)
kjcatty> Anyone familiar with the grid process that SS uses and the factors they
use in determining claims.
InsightHostRon> not me
kjcatty> To start- There are age categories- kids, people of general working and
training age, those who are approaching advanced age, and those of advanced age...
kjcatty> Also taken into account are education, work history and severity of impairment...
kjcatty> If an impairment is severe enough one may qualify on that alone....
or the SSA may looke to other areas..
kjcatty> With me so far....Any questions....
kjcatty> Gridding is used for both programs
TRANSAM> Im Canadian and our disability is a bit different. Are U familiar
with it??
kjcatty> Sorry not licensed there...and the system is different...
TRANSAM> Ok, thank you
kjcatty> Thank you I wish I could help...
Bettty> What is considered approaching advancing age
kjcatty> Over 50...
InsightHostRon> ewwwwww, that means me
kjcatty> I think I heard some hearts sink...
Bettty> More me than you, Ron!
Del> What is the proper procedure for asking for accommodations at work?
kjcatty> Actually Betty...over 55...and it is easier to qualify...
kjcatty> That is advanced.
kjcatty> Del do you belong to a union??
Del> yes I do
kjcatty> I would talk to your steward and with them put any
accommodations in writing...
Del> I went in and talked with my superintendent this summer
kjcatty> The important thing is to put it in writing...
kjcatty> I'd let your union people know for their support....
Del> ok...he told me that he would move me to a less stressful position
if I needed it and they would work with me
kjcatty> That is great...your collective bargaining agreement might help also...
Del> what if we would like to change some of our duties so that we can stay
off our feet some
Del> He was very understanding and willing to work with me
Del> He told me to talk with my principal but I'm kind of afraid of what the
other teachers will say
kjcatty> I would ask for whatever reasonable equipment ...chairs etc. that
you can think of...good idea to maybe talk about this with your doc...
Del> I have and he doesn't get involved with those things
Del> that's what he said
kjcatty> I have heard of heroes and horror stories...it all depends on building
principal and the attempts they make to sell something like that...
Del> I have 2 great principals this year, thank goodness
kjcatty> Do other teachers know of the RA problems...
Del> yes, they do, but I don't know how far to take it...everyone is so
stressed all the time
kjcatty> What grade level are you teaching...
Del> first grade
kjcatty> That could run you ragged...what kind of alternative position
or accommodation do you think you would need....
Del> this may be my last year, though, because last year was really difficult
Del> my superintendent said that they would move me to a tutoring
position or special reading
kjcatty> And how big a school district are you working for...
Del> they are less stressful and demanding
Del> It's not very big...population of the city is 10,000
Del> the good thing is that the super has severe psoriasis and has been on
mtx...his neice has JRA
kjcatty> I ask because your state law may provide you with some remedies.
Del> what would that be?
kjcatty> In Michigan for example state law extends the ADA to even smaller work places..
Del> what do you mean by that?
kjcatty> I have an idea Del...I have some friends who do this type of union work
at schools..and I might have more creative ideas...
Del> I'm open to any ideas!
InsightHostRon> aren't we all
kjcatty> State law can extend coverage and make greater demands for
compliance on smaller employers
kjcatty> Any other questions...I will be back in touch del...
InsightHostRon> Woulld the same approach be used in non union situation
kjcatty> It could be...but obviously if you have union support it is easier...
also requires just cause for termination...etc.
Zipper> Does financial need come into play at all when qualifying for SSD ?
I took an early retirement and have retirement income, although I currently work full time.
Zipper> I am 57 y/o
kjcatty> Social Security Disability is income based...the amount is determined is
based on earned income...
Zipper> My question is . . . Would they say . . "You have sufficient income,
and don't have the need for SS benefit $$
kjcatty> Social Security Disability allows trial work periods ....actually Chuc
does a nice job of explaining that on this site...
kjcatty> Probably not denied on sufficient income...question would be rather
whether you can work an 8 hr day...
Zipper> I think I understand
kjcatty> Even at 57 ...they will look at work you can do...
kjcatty> Although they think folks are less trainable after a certain age...lol
InsightHostRon> that brings a question to mind karen. able to work.
at what... your present job??
kjcatty> No able to work at any job....
kjcatty> They will look at past work experience...but if you can do a
sedentary job..less stressful you may be required to work...
kjcatty> Now if you have done physical labor at 57 ...they may not
require retraining and grant...something they are less likely to do at say 37
InsightHostRon> o, the more education and training you have, the less
likely you are to meet the criteria
kjcatty> Something like that....
Zipper> I had been in sales and sales management until age 55, but can
no longer drive long distances.
kjcatty> severity of impairment always comes into play though...
Judi> if I have not worked in years , but fianicially had to but wasn't able to
could I get disability ?
kjcatty> Depending on work weeks...you would more likely to be applying for
SSI...that is a needs based test along with impairment...
Judi> Thank You
kjcatty> One qualifies for Supplemental Security Income basically in same
fashion as SSD
Del> Can an employer force you to apply for disability or let you go if they
think you can't do your job?
kjcatty> That is a loaded question Del...
Del> can you answer it?
kjcatty> If you are on there permanent disability...
kjcatty> or long term disability...they can require application after
certain period...
Del> so you'd have to be taking alot of time off for illness
kjcatty> of time... In order to fire you, protected by Union or ADA.,
they would have to demonstrate you could
kjcatty> not be accommodated
kjcatty> Extended period rather than lot...
kjcatty> Family Medical LeaveAct can also come into play
TEXAS> I've noticed it can take a very long time for action to be taken
kjcatty> You bet...most first time apps are turned down...
TEXAS> Is there any way to speed things up for Peop;le with severe need?
kjcatty> It has been my experience that it takes about a year and a half...
kjcatty> There are new provisions for expedited hearings...
Lee> Are we talking SSD?
kjcatty> still need six months of being unable to work...
kjcatty> SSI and SSD..
Judi> I have tried to get disability , but was told that I haven't worked
in the last 8 years of 10
kjcatty> The problem with some of the new procedures is you need to
build a case really well....
Lee> I guess I was lucky, I got SSd first time around. My daughter says it
was pictures of my hands we sent with application that did it.
kjcatty> Judi I think an SSI app is in order
kjcatty> I always tell folks to provide as much info as possible..pictures great idea
Vickie> where would I go to read more information about accommodation for employees
kjcatty> Great question...I don't have the site arsenal with me at home....
Let me check with our employment attorney and I will post on message boards...
under Chat okay??
Judi> where do you call to get the info on the SSI, and what do I have to
prove to them to get help?
kjcatty> There is a tremendous amount of info right here on the site...you
apply to Social Security Administration same as SSD
InsightHostRon> Looks like you have taught them well, Thanks so much Karen
for visiting with us this evening
InsightHostRon> Very enlightening session
kjcatty> Many states have disability programs as well....don't forget to check
with your state programs too.
kjcatty> They are good supplements until other is approved...particularly to get
Medicaid started...
kjcatty> Thanks...I 'll be hanging out on site...if I can help make less scary,
please feel free.
kjcatty> Thanks for your attention.
Del> thank you so much, Karen!
Bettty> Thank you, Karen
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