7. What Medical Conditions Qualify for Social Security Disability? In particular, this document explains: Estimates vary as to the number of Americans who are blind and visually impaired. For those who are blind, the SGA limit is $2,460 per month. [27] See the Job Accommodation Network's Searchable Online Accommodation Resource (SOAR), http://www.askjan.org/soar.cfm. This is a request for a reasonable accommodation. Loss of central visual acuity (2.02) this listing covers loss in your central field of vision and requires you see no better than 20/200 in your better eye. The SSDI program pays benefits to you and certain family members if you are insured. This means that you worked long enough and recently enough - and paid Social Security taxes on your earnings. ("Reasonable accommodation" is discussed in Questions 10 through15. Most people have some stress reactions following trauma. Example 18: An employer offers employees opportunities to accept six-month assignments to jobs outside of their work group or department. This document provides information on how the ADA applies to job applicants and employees with vision impairments. Guide to Disability Rights Laws | ADA.gov Make sure to discuss how losing peripheral vision has affected your life outside of work and how it impairs your ability to work. [26] See EEOC fact sheet on Telework as a Reasonable Accommodation at www.eeoc.gov/facts/telework.html. For more information on the standards governing harassment under all of the EEO laws, see http://www.eeoc.gov/policy/docs/harassment.html. Willing to follow house rules. Although there are varying degrees of vision impairments, the visual problems an individual faces cannot be described simply by the numbers; some people can see better than others with the same visual acuity. The laws also require employers, housing providers and business establishments to make reasonable accommodations so that people with disabilities can perform . You complete and submit your application. The employer must grant this accommodation as long as it would not result in undue hardship. Example 9: An employer provides a total of three weeks of leave (sick and annual leave) per employee each year. What Eye Problems Qualify for Disability? This is done through a residual functional capacity analysis or RFC. Listing of Impairments - Adult Listings (Part A) - The United States 18. Interpreting the results of visual field and Snellen tests can be challenging for non-doctors. Processing time for disability applications vary depending on the nature of the disability, necessary medical evidence or examinations, and applicable quality reviews. Your doctor will ask you to put your chin on a chin rest and look straight ahead into a machine that generates lights to the side of your vision. No. Depending on the severity of your vision loss you'll either be registered as sight impaired (previously "partially sighted") or severely sight impaired (previously "blind"). When she is no longer able to do this, she asks for a reader. [6] Only 36.8% of non-institutionalized working age adults (21-64) with a significant vision loss are employed. A request for an employee's entire medical record, for example, would be inappropriate, as it likely would include information about conditions other than the employee's visual disability.[28]. A paralegal who is on medication for a disability that causes vision problems requests, and is given, a new monitor with a special program that allows her to see the screen better. The state police department did not violate the ADA by requiring the medical exam. The legal definition of blindness is a person who has a corrected vision of 20/200 or less in their better eye. For more information on the requirements of Title III of the ADA, visit the website for the U.S. Department of Justice, Civil Rights Division, Disability Rights Section available at http://www.justice.gov/crt/about/drs/. As an example, the cost of documents written in braille or special programs that are voice activated so you can send messages and prepare documents. No major hearing impairment (no more than 25 db loss in the better ear and 35 db loss in weaker ear) No felony convictions or currently on probation; misdemeanors may be disqualifying, depending on the number, type of violation, and date of the violation. Qualifying for Social Security Benefits with Macular Degeneration Individuals may file a charge with either the EEOC or a FEPA. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 2. If you earn more than the maximum SGA, you will not receive your disability benefits that month. Contraction of the visual field in the better eye (2.03) To qualify through this listing you must have a shrinking field of vision. The ADA does not require applicants to disclose that they have or had a vision impairment or another disability unless they will need a reasonable accommodation for the application process (for example, written application materials to be printed in a larger font). Although the ADA generally requires that the positive effects of mitigating measures be ignored in assessing whether someone has a disability, the law requires that one consider the positive effects of the use of ordinary eyeglasses or contact lenses (that is, lenses that are intended to fully correct visual acuity or to eliminate refractive error). If you are blind and receive disability benefits, but you are thinking of returning to the workforce and you are interested in using your 9-month trial work period, you should consult with a disability advocate or attorney who handles such cases in your area. If you cannot use these online services, your local Social Security office can help you apply. The employer must keep any information an applicant discloses about his medical condition confidential. To qualify for Social Security Disability Insurance (SSDI) benefits, you must: Have worked in jobs covered by Social Security. Employers should make clear that they will not tolerate harassment based on disability or on any other basis. Glaucoma is responsible for one of every seven or eight cases of blindness. Your service treatment records Any medical evidence related to your illness or injury (like doctor's reports, X-rays, and medical test results) In 1973, a fire at the National Personnel Records Center (NPRC) in St. Louis destroyed records held for Veterans who were discharged from the Army and Air Force during certain periods of time. 29 C.F.R. We will help you get them. When does someone with a vision impairment have a disability within the meaning of the ADA? In fact, it is one of, if not, the most important signs your disability claim will be approved. When you apply for Social Security Disability benefits, the SSA will compare your condition with a listing of conditions known as the Social Security Blue Book. All applicants individually will be interviewed and assessed. To document blindness or severe visual impairment, there are specific vision exams that must be completed. Because her vision impairment is obvious, the employer may ask her if she will need an accommodation to perform functions that involve reading and, if so, what type. If you apply for Supplemental Security Income (SSI) however, you must do so through an interview process with an SSA representative and this is usually done at the local office. [10], There are many possible causes for vision impairment, including damage to the eye and the failure of the brain to interpret messages from the eyes correctly. Bills add up quickly, particularly for patients that have lost their job and their health insurance along with it. The doctor who conducted the medical examination of the applicant determined that because of his monocular vision he did not meet the state's safety standards, and the conditional offer of employment was withdrawn. Learn more about Social Security's work requirements and financial eligibility for SSDI. Id. An employer, however, is entitled only to documentation sufficient to establish that the employee has a visual disability and to explain why an accommodation is needed. . A charging party can also request a notice of a "right to sue" from the EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving the notice. Call the SSA at 800-722-1213 from 7 a.m. to 7 p.m. Monday through Friday. Check here for eligibility requirements. If you return to work and you dont earn more than the SGA, you will continue receiving your disability benefits. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. A normal visual field is about 160-170 degrees horizontally. What Documents Do I Need To Apply For Disability? Example 8: A blind employee does not have easy access to public transportation and must rely on paratransit service to get to work most mornings. You can also be found disabled if you can show that your visual limitations prevent you from doing any job. Can I Represent Myself At A Disability Hearing? Applicants must be at least 18 years of age. The employer may not request further documentation, such as the results of all the tests conducted to diagnose the condition. ADA, Rehabilitation Act, 29 CFR Part 1630, Employees, Employers, Applicants, HR Practitioners, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, http://www.eeoc.gov/policy/docs/harassment.html, http://www.eeoc.gov/eeoc/publications/fs-fed.cfm, https://askjan.org/disabilities/Blindness.cfm, https://www.nfb.org/resources/blindness-statistics, www.dol.gov/ofccp/regs/compliance/section503.htm#bottom, http://www.eeoc.gov/policy/docs/guidance-inquiries.html. 1. To qualify, you must have vision in your better eye that is no greater than 20/200 when wearing corrective lenses. Neither this site, nor any lawyer or advocate associated with it, is affiliated in any way with, or endorsed by, the Social Security Administration. If a requested accommodation is too difficult or expensive, an employer may choose to provide an easier or less costly accommodation as long as it is effective in meeting the employee's needs. Heart, lung, or circulatory disease. Find out if you are eligible for SSDI and apply You can call us at 1-800-772-1213 or at our TTY number, 1-800-325-0778, if you're deaf or hard of hearing between 8:00 a.m. - 7:00 p.m., Monday through Friday. signs your disability claim will be approved, apply for Social Security Disability Insurance (SSDI), signs that you will be approved for disability, signs that you will be denied for disability, Social Security disability approval rates by state, What Conditions Automatically Qualify You For Disability, What Medical Conditions Qualify for Social Security Disability, Signs That You Will Be Approved For Disability. Disability-Benefits-Help.org is not a lawyer or a law firm. [5] The 2011 National Health Interview Survey Preliminary Report estimated that 21.2 million American adults (over 10% of all American adults) reported that they had trouble seeing even when wearing corrective lenses or that they were blind or unable to see. The SSA reviews blindness or severe vision loss under strict rules of medical eligibility. [23] An employer also may ask an employee about his vision impairment or send the employee for a medical examination when it reasonably believes the employee may pose a direct threat because of his impairment. 5. The idea of a trial work period is to allow you and the SSA to determine if your condition has improved enough for you to return to work. Names of medicines, the amount you are taking, and who prescribed them. He was highly qualified for the job and was conditionally offered a position pending qualification under the state police department's medical criteria for criminal investigators. [29] In an effort to eliminate discrimination against individuals with disabilities, Title III of the Americans with Disability Act requires businesses and non-profit organizations that are public accommodations to comply with basic nondiscrimination and building accessibility requirements, provide reasonable modifications to policies and practices, and supply auxiliary aids (for example, assistive listening devices, note takers, written materials, taped texts, and qualified readers) to ensure effective communication with persons with disabilities. The toll-free Office number is your local office. This technical assistance document was issued upon approval of the Chair of the U.S. But if the reactions don't go away over time or they disrupt your life, you may have posttraumatic stress disorder (PTSD). Disability benefits can provide financial support and access to occupational rehabilitation, in which workers are trained for new professions. 11.01 Category of Impairments, Neurological Disorders 11.02 Epilepsy 11.03 [Reserved] 11.04 Vascular insult to the brain 11.05 Benign brain tumors 11.06 Parkinsonian syndrome 11.07 Cerebral palsy 11.08 Spinal cord disorders 11.09 Multiple sclerosis 11.10 Amyotrophic lateral sclerosis (ALS) 11.11 Post-polio syndrome 11.12 Myasthenia gravis 11.13 The employee has provided sufficient documentation that his eye condition is an ADA disability and that he needs a reasonable accommodation. What Is Included In My Disability Application With Vision Loss? Find your nearest EEOC office Id. We recommend you print and review the. Employers may be able to avoid many of these kinds of questions by training all employees on the requirements of equal employment laws, including the ADA. The visual fields normally extend outward over an angle of about 90 degrees on either side of the midline of the face. At least one of these must be true. Copyright Disability-Benefits-Help.org 2023. These benefits can: Include annuities and lump sum payments that you received in the past. After making a job offer, an employer may ask questions about the applicant's health (including questions about the applicant's disability) and may require a medical examination, as long as all applicants for the same type of job are treated equally (that is, all applicants are asked the same questions and are required to take the same examination). According to the Guide Dog Foundation, the cost of raising and training a single service animal is about $50,000. If left uncontrolled, the condition can cause damage to the eye that results in blurred vision, a narrow field of vision, and eventually total blindness. You may be eligible for DI if you are unable to work and are losing wages because of your own non-work-related illness, injury, or pregnancy. Those receiving disability benefits for vision loss have some different financial limits than those receiving benefits for other reasons. If you are a federal employee or job applicant and you believe that a federal agency has discriminated against you, you have a right to file a complaint. If reasonable cause is found, the EEOC will then try to resolve the charge with the employer. The most common causes of vision impairment in American adults are: diabetic retinopathy,[11] age-related macular degeneration,[12] cataracts,[13] and glaucoma. A blind individual can work more and put in more hours for his or her business and still receive disability benefits just so long as his or her net profit averages the SGA or less. Title I of the ADA limits an employer's ability to ask questions related to blindness and other disabilities and to conduct medical examinations at three stages: pre-offer, post-offer, and during employment. 14. You don't have to have your eyes dilated, so no drops are necessary. To determine if you qualify for disability automatically under one of the above listings, the SSA will look at the results of your visual field test. Disability Benefits | SSA What should an employer do when another federal law prohibits it from hiring anyone with a vision impairment? Legally blind individuals include people who have been blind since birth in addition to those that have experienced severe vision loss due to conditions. Frequently Asked Questions, Blindness and Vision Impairments in the Workplace and the ADA. Sometimes. [9]Blindness is described as a visual acuity worse than 20/400 with the best possible correction, or a visual field of 10 degrees or less. [14] Glaucoma is a condition characterized by a build-up of the clear fluid in the forward part of the eye that does not drain properly and causes increased pressure inside the eye. That means that after you have completed your trial work period, you can earn as much as the SGA and not lose your monthly disability benefits. The Blue Book is accessible online for you and your doctor to consult. An employer must consider each request for a reasonable accommodation and determine whether it would be effective and whether providing it would pose an undue hardship. Have not been denied for disability in the last 60 days. [5] Job Accommodation Network, citing American Foundation for the Blind statistics from 2008, https://askjan.org/disabilities/Blindness.cfm. If you do not plan to stop working, this site cannot assist you because you will not qualify for the program. Generally, an employer may ask disability-related questions or require an employee to have a medical examination when it knows about a particular employee's medical condition, has observed performance problems, and reasonably believes that the problems are related to a medical condition. ) or https:// means youve safely connected to the .gov website. Keep all your receipts, so you can provide them to the SSA when you upload your records that show your earnings, work activity, and your associated costs and expenses. Example 22: An assembly line worker has lost much of his vision, but because he has held his job for more than ten years, he can effectively perform the job's functions using a combination of his remaining limited vision and touch. "[8] Vision impairment may result in a loss of visual acuity, where an individual does not see objects as clearly as the average person, and/or in a loss of visual field, meaning that an individual cannot see as wide an area as the average person without moving the eyes or turning the head. For example, the website for the Job Accommodation Network (JAN) (http://askjan.org) provides information about many types of accommodations for employees with visual disabilities. This waiver is necessary to allow regional centers flexibility to prioritize work associated with COVID-19 response. Once an employee is on the job, his actual performance is the best measure of ability to do the job. When she returns to work, she presents a note from her doctor stating that she will need "some assistance" in order to perform the essential functions of the job. No. Training the guide dog will require her to attend a six-week residential program. The beginning and ending dates of any active U.S. military service you had before 1968. Find out if you qualify for SSDI benefits. It can also be very helpful to look at the Social Security disability approval rates by state. How Can you Prove a Mental Disability to the SSA? The U.S. When an applicant discloses after receiving a conditional job offer that she has or had a vision impairment, an employer may ask the applicant additional questions, such as how long she has had the vision impairment; what, if any, vision the applicant has; what specific visual limitations the individual experiences; and what, if any, reasonable accommodations the applicant may need to perform the job. Accommodations vary depending on the needs of the individual with a disability. Or, if you were tested using a method called automated static threshold perimetry, the agency can find you disabled if your results show a mean deviation of greater than 22 decibels. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. 10. With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee. He asks that, on days when his ride to work arrives after the employer's usual 8:30 a.m. start time, he be allowed to work later in the evening to make up the time rather than being required to take annual leave or face discipline for tardiness. An employer may not ask questions about an applicant's medical condition[22] or require an applicant to have a medical examination before it makes a conditional job offer. Does applicant expect to be out of work for at least 12 months? The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. Persons with vision impairments successfully perform a wide range of jobs and can be dependable workers. 11.00 Neurological - Adult - The United States Social Security Absent undue hardship, the employer must provide a reader or some other effective accommodation. when an employer may ask an applicant or employee questions about his vision impairment and how it should treat voluntary disclosures; what types of reasonable accommodations employees with visual disabilities may need; how an employer should handle safety concerns about applicants and employees with visual disabilities; and. Your date and place of birth and Social Security number. This can be done in a number of ways, such as through a written policy, employee handbooks, staff meetings, and periodic training. [6] American Foundation for the Blind, https://www.afb.org/. Legally blind doesn't mean totally blind, it just means having extremely impaired vision. That means that, even with glasses or contacts, the best they can see is 20/200 or less. [17] A determination of disability must ignore the positive effects of any mitigating measure that is used. On that page, review the Getting Ready section to make sure you have the information you need to apply. Legally blind doesnt mean totally blind, it just means having extremely impaired vision. What kinds of reasonable accommodations are related to the benefits and privileges of employment? 33 Many states and localities have disability anti-discrimination laws and agencies responsible for enforcing those laws. 1-800-669-6820 (TTY) This can help to avoid conflicts or confusion that could arise and result in an employee being denied a training opportunity. May an employer be required to provide more than one accommodation for the same employee with a visual disability? How Long Do You Have To Work To Get Disability? This is Attorney Advertising on Behalf of Our Attorney Subscribers If you are an Advocate, Attorney, or Third Party Representative and you are helping someone prepare an online Social Security benefit application, there are some things you should know. Thus, employers may erroneously assume that any accommodation that would allow a person with a vision impairment to do her job would be too costly. Are unable to work because of a medical condition that is expected to last at least 12 months or result in death. See Major Causes of Blindness (National Federation of the Blind 1995), at http://www.blind.net(follow "General Information About Blindness" hyperlink; then follow "Major Causes of Blindness" hyperlink). If more than one accommodation would be effective, the employee's preference should be given primary consideration, although the employer is not required to provide the employee's first choice of reasonable accommodation. Finally, the employer must determine whether any reasonable accommodation would reduce or eliminate the risk.[33]. Advance Designation allows capable adult and emancipated minors who are applying for or receiving Social Security benefits, Supplemental Security Income, or Special Veterans Benefits the option to choose up to three people in advance who could serve as their representative payee, if the need arises. Examples include: The SSA doesn't usually award benefits based on an RFC with only visual restrictions, because jobs exist in significant numbers that don't involve exposure to the above hazards.