could this ruling affect any of you guys?

[jennyb]

....it's about carpal tunnel syndrome not bpi but the issues seem the same...they seem to be saying if you can perform tasks like brush your teeth etc then you aren't covered by the disabilities law...seems like a landmark ruling, has it caused much fuss over the big pond? Will it affect you? People with no arms at all can perform normal daily living tasks, so are they now not protected by the Act? http://www.cnn.com/2002/LAW/01/08/scotu ... index.html

[George]

I didn't know of this case till you posted. It's an interesting case. I'm not a lawyer, but it seems that the language of the law was scrutinized very carefully. The word "disability" was definately defined in the decision, but in the same paragraph, the word "substantial" was not defined. Did you catch that? So, it seems one can have a disability, but if it is not "substantial" then one may not be protected by the ADA Act. Or.....they may be protected, but only to a certain point. Some have argued that a substantial injury is one that keeps a person from performing normal life activities, ie..brushing teeth, ect... but nothing is said of how much pain it takes to perform those activities. I can remember a time not too long ago where it took me close to an hour just to shower, shave, and get dressed. And by the time I was finished I had to just stop and take a rest. My opinion is that there are more issues to an injury besides just being able to brush my teeth and my hair. My philosophy.......walk a mile in my shoes.

It will be interesting to see what the lower court does with the case when they get it back.

George

[kathy]

It is interesting to find this article here. If you can believe it, the article was sent to the leadership of the company where I work, because they thought it would lessen their lawsuits from worker's comp. My injury is a worker comp and I actually thought it was deliberately sent to me (kind of to laugh in my face). But again, I am overly sensitive. We will see.

Kathy

[Steve L.]

It seems to be a good thing on the surface, ya' know.
C.T. syndrome has sorta' been abused as of late, I'm sure someone is just tryin' to corral the whole thing.
BUT...we all know, if somethin' like this can open a door for those who are lookin' tryin' to avoid their responsibility to any given injured party (C.T.,TBPI,OBPI etc.), ya' know this will be their out.
Crap like this makes folks like us better lawyers.

[mikeyb]

Well it seems to me that tbpi's are a prime bunch to fall through the cracks when it comes to getting disability. Most of us are pretty adaptable but eventually the bpi catches up to you pain wise, or the good arm starts wearing out.

Hows my employer going to treat me when my good arm does wear out ? Well he did it for x amount of years now he can't ?

The fact that many of us do work around our injury and then develop problems later on goes against us when applying for disability.

If I do end up unemployable my fate will be in the hands of the government....scarey thought If you can brush your teeth and toilet yourself they are off the hook.

They do look at on a case by case basis and I'm sure a bpi would fare better than just simple carpal but who knows ?

Either way we are at a far greater risk of degenerating from repetitive tasks than your normal peep. So keep all those Dr's notes. I plan to dump my dictionary of medical records on the first bureaucrat I can find and see how the chips fall.

Call in the legal aid, Mikeyb's starting to SNAP....

Bye for now peeps...

[Kathleen]

This ruling may stop the fakers of this world.....

BUT..... those who have real injuries may really be hurt....

I know here in USA.... I had to prove that I was injured... so keep those records.... I had to have the initial injury (from birth) evaluated and checked over.....
Then I had to be out of work for 5 months with out pay...also they do not give you the back pay you loose they just start your disability... based on your earnings and SS payments....... which you pay into...it really is our money.....Those with bpi who have functioned at high levels or normal levels have to prove they can no long function at that level.....
as if it was a new injury as if you just had the accident... that seem so unfair since most bpi would rather be independent.....

I only got it because I had all the medical information that the "good arm" was in such bad shape and failing... and my hands are so badly damaged - secondary to obpi injury........not because of the bpi ....
Wonder how this will effect the other bpi who are fighting with SSD now???? seems they have been turned down.... in their state.... wonder if this is a state to state matter too!!!

Keep all those medical records....

funny how what appears to be a simple precaution to prevent fraud.......
backfires on those who are really injured....
Kath

[Mindy]

For anyone who does not already know this all the money you pay into the social security administration prior to your twenty-first birthday does not count towards any future benefits.
As far as SSI goes I was told on the phone and in writing I do not qualify because my injury to my arm is not considered severe enough. On the flip side I would have qualified for disability benefits because my arm is disabled if they counted quarters prior to my twenty-first birthday. Because I didn't have enough quarters paid in when I became disabled I do not qualify for this benefit now or ever! The Social Security Administrations stand is that it does not matter in the future if I have enough quarters paid in to claim disability status because they do not count after you have become disabled.
Don't you just love politics!

[Dave m]

well that seems pretty scary stuff, hope noone loses out through that. It can be confusing here too (UK), a year post injury i was assessed by 3 different consultants within a few weeks of each other, the Royal mail doc said spine injury rules out desk work other injury rules out manual work sorry we have to retire you - the incapacity benefit doc said similar and put me down as "unable to work" (cheeky git!) - and my surgeon shockingly said he "could see no reason not to return to pre accident employment (postman)"????? I reckon that showed my surgeon is a great one but doesnt know how the injuries affect LIFE or how could he have totally contradicted 2 others who were used to assessing capability to work? Ill get qualified and self employed its the safest bet i can see! Good luck with the rulings folks! :O)

[Kathleen]

Mindy

You mean to say that if you work for the next 10 years and your good arm wears out...They won't Pay...
Maybe that is why I had to prove I was disabled even though I have always been bpi...

I qualified...
Do you think its because the good arm went? and that is why I qualified?
The blue book at the ss gov. site has a list of thing that automatically qualify I did not see anything about quarters...
That stinks.

And why did they take the SS before 21 if it does not count... I worked full time from 17 on... and none of that counted... then don't take the money...!!

Kath

[Mindy]

Kathleen,
If I was born or immigrated to this country with this injury the Social Security Administration politely said I would have qualified under their programs. I love how these people work! Since neither of those apply I get nothing! So in the future if my good arm does give out I am up a creek without a paddle as my Grandfather would have said.
As far as taking out SS payments before your twenty-one I have no clue why they do. At this point I am mad that I have to continue to pay out these payments even though they are never going to pay me.
Hope this helps.
Mindy