angelpie
02-07-05, 01:28 PM
I've now read many times on the internet that under this Act ADHD automatically entitles you to have accommodations made in the workplace or in education. However, I don't think this is automatically the case. This is a quote from a legal briefing by the National Resource Center for ADHD:
"Although a diagnosis of AD/HD is the first step in initiating medical, educational, and mental health treatments, the diagnosis itself does not guarantee that the adult with AD/HD has the right to receive accommodations in the workplace or higher education. This information and resource sheet provides an overview of the legal requirements and protections afforded individuals appropriately diagnosed with AD/HD."
The full briefing is at [Please PM angelpie for a link to the full briefing.]
Section 504 of the ADA gives you rights (with documentation of having ADD) of 'reasonable accomodation' to take exams in a non standard setting (separate room, and with reasonable extended time if necessary) to avoid overstimulation.
And yes, Lucy, AD/HD is federally protected under the ADA, and employers do have to accomodate, as well as schools. You have to state it, and have documentation, and it is 'reasonable accomodation' which dictates you have to have the mental faculties to do the job, and not shun your work responsibilities.
I'm living proof of someone who knows their rights, and has reasonable accomodations implemented, although I have to warn you not to be idiotic and take advantage of those.
Nova
Actually, angelpie is correct. A diagnosis of ADHD does not automatically entitle one to anything under the ADA. You also have to meet the act's test for being disabled. That is, the condition has to significantly impair you in (I believe it's) one or more daily life activities, such as social interaction, caring for one's self, etc.
Now, just to jump off my pedantic high horse, I would wager that most adults who have a diagnosis of ADHD and are even considering using the ADA probably do qualify as disabled.
Who decides if you're covered by the ADA or not? I've been trying to get Accomodations through my company's Disabilities Management Services office - who just sent me a letter saying they can't help me and "not covered by the ADA". I don't mind no accomodations, but who the hell decided that my company gets to decide if I'm covered or not?!?! That makes no sense whatsoever.
Does anyone know who I could talk to about this? A lawyer or somebody?
*uber frustration*
I had to obtain a letter from my psychologist, agreeing with my original diagnosis from my past, in conjuntion with the prescription from my MD. The only stipulation was that I can not get refills on my Adderall, I have to get individual monthly prescriptions.
The letter is kept with my insurance provider for a year. I have to then submit a new 'letter'. The MD can not do it alone, they need the psychologist/psychiatric backup.
The only real grief I encounter is when my MD periodically forgets, and writes the prescription to automatically include refills, and I have to go back to his office, and obtain individual ones.
Hope I helped.
Nova
This site is informative, in regards to information pertaining to all learning disorders.
www.ldonline.org (http://www.ldonline.org)
The most helpful national advocacy resource is the National Health Law Program. Contact their web site at www. (http://www.healthlaw.org/consumer.shtml)healthlaw.org/consumer.shtml (http://www.healthlaw.org/consumer.shtml) to learn which states have ombudsman and consumer assistance programs along with access information on state health insurance consumer protections. This site also provides information on choosing an appropriate health insurance plan and information on which states have pharmacy assistance programs (programs that sell prescription medications at costs less than market price for those without or with limited insurance).
Another helpful advocacy guide is Legal Protections and Advocacy Strategies for People with Severe Mental Illnesses in Managed Care Systems. The complete 79-page report is available from www.nami.org (http://www.nami.org/).Although the book is focused on persons with severe mental illnesses, the legal and advocacy protections are generally the same for persons with AD/HD.
angelpie
02-24-05, 09:44 AM
Kelly, if you can't resolve it by negotiation then in the end only a court of law can decide whether you're entitled to accommodations based on your individual circumstances