Social Security Disability Information
Understanding Your Options
Everyone with hypoPARAthyroidism is different and how it affects their ability to work is different as well. It depends not only on the severity of their symptoms but also the type of work they do. Some patients will be able to find a different type of work to do or work part time. Others will need to apply for disability. Here is some information to help you along your journey to deciding if applying for Social Security Disability (SSD) benefits is right for you.
Pursuing Social Security Disability
The Honorable Glynn F. Voisin, Chief Administrative Law Judge of the Federal Mine Safety and Health Review Commission in Washington, DC, has put together some information that may be helpful to understanding the process of pursuing Social Security Disability. Judge Voisin also presented on Social Security Disability Law at our 2020 conference, which you can view.
About Medical Leave
You should look at what protections you have at your job under the Americans with Disabilities Act (ADA). It's always good to know your rights and options. Another option is Intermittent Medical Leave, which falls under FMLA. Learn more about your options by browsing some of the commonly asked questions, below.
Does an employee have to take leave all at once or can it be taken periodically or to reduce the employee’s schedule?
When it is medically necessary, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation.
Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer’s approval and must conclude within 12 months after the birth or placement.
Can an employer change an employee’s job when the employee takes intermittent or reduced schedule leave?
Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must work with their employers to schedule the leave so as not disrupt the employer’s operations, subject to the approval of the employee’s health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee’s regular job.
What is a serious health condition?
The most common serious health conditions that qualify for FMLA leave are:
- Conditions requiring an overnight stay in a hospital or other medical care facility.
- Conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days and have ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication).
- Chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year.
- Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).
Can I get disability benefits if I’ve been diagnosed with a rare disease?
While yes it is possible to get SSD, diagnosis alone is not enough. You must be able to show that your symptoms are so severe even with treatment and medication that you haven’t been able to work in more than a year or are expected to not be able to work for more than a year.