Hi

I also recently found out I have epilepsy and can only work half day. I really don't want to loose my job, but I dont know what to do. How do I get disability status and will it help me at all?

If you know anything please let me know.

Thanks, Veranique

I hope this helps...

http://www.eeoc.gov/facts/epilepsy.html

http://www.epilepsyfoundation.org/epilepsyusa/lovitzada.cfm

http://scott-lwe.blogspot.com/2007/08/ada-restoration-act-of...

I think that the answer to your question "Do I need a certification to protect myself?" is no, because determination of disability is made during legal proceedings after a suit. Unfortunately this also means that you may be denied protection by the court. We both know that epilepsy is a disability, regardless of what the court may say. Maddening, isn't it? I have never heard of any certification of the sort that you are seeking. I suppose we should press congress to define Epilepsy as a disability under the ADA. Obviously, the problem is that someone who doesn't have it can't understand how many aspects of your life it affects. It would seem that since "being percieved as disabled" qualifies you for protection, if you are discriminated against because of it you would qualify, but this is apparently not the case.

(2) Disability

The term "disability" means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such impairment.

http://www.ada.gov/pubs/ada.htm#Anchor-Sec-47857

I know that wasn't exactly your question!

Okay, I get it.  You don't want to be declared "disabled" because you aren't seeking any disability payments from the government BUT you want a piece of paper saying you are disabled so that when you change your job and go to the new one.. they will have to make accomodations for you should the need arise.  If they don't, or they don't hire you because of your disability, then you can file against them - thus protecting yourself with a potential employer, right?

Most employers, let's be honest, don't want to hire anyone disabled.  This is cause they know there will be accomodations down the line.  Depending on the type of illness or injury or disorder, depends on whether you will be hired, looked at fairly, or not.  If you were to roll up in a wheelchair that would be different than say you were to walk up with Seizures or for example a form of Mental Illness.

With the "silent" disorders for which most lay people don't understand, there is the potential of attendance issues, med issues causing problems with work output, doctor appointments, having to change working hours to accomodate possibility, etc.. where as hiring someone "healthy" wouldn't have any of these issues and work would go along nicely.  Also, they are aware they can't fire you because of your illness once disclosed but they can work it around to where you are fired due to poor work performance or something minute.

The fact that you want a piece of paper declaring that you are disabled BEFORE you start a job so that you might better protect yourself against an employer is a novel concept.  Are you planning on telling the employer before you start the job that you have seizures?  Or, are you going to wait to see if the employer starts something when you ask for an accomodation later?  Cause trust me... it can get rather sticky either way.

I just recently disclosed my seizures to my employer.  I asked for an accomodation and was turned down because it would have created a hardship on my employer to make the accomodation and with the American's with Disabilities Act.. they are allowed to decline accomodations if they can prove a hardship.  I didn't tell them before I was hired because I wouldn't have been hired.  I didn't tell them after I was hired.  I told them when something happened that required me to speak up.  I still haven't told them about the Bipolar and that causes more problems than the seizures but I hide those better.

I don't believe the federal EEOC gives any actual certifications for
disabilities before a discrimination complaint is filed, and then it
only determines if you meet the definition of "protected individual"
in meeting a "prima facie" case of an ADA violation in a "case-by-case"
approach.

I always tried to weigh the pro and con of revealing a disability to a
prospective employer. The "Plain English" guide helps somewhat at:
http://ecfr.gpoaccess.gov
then scroll to select Title 29 - Labor,
then select 1600-1699 for Equal Employment Opportunity Commision,
then select Part 1630 in the left column for regulations implementing A.D.A.,
The disability requirements are 1630.2(g) and following.
The more "Plain English" guide is in the Appendix to Part 1630 in the
Section Contents listed in the active blue type at the top of the
internet page. The problem of getting a Certification is:

"This case-by-case approach is essential if qualified individuals
of varying abilities are to receive equal opportunities to compete
for an infinitely diverse range of jobs. For this reason, neither
the ADA nor this part can supply the “correct” answer in advance for
each employment decision concerning an individual with a disability.
Instead, the ADA simply establishes parameters to guide employers in
how to consider, and take into account, the disabling condition involved."

Each state's laws/regulations might be different from the Federal Regulations,
but they probably all parrot them. Each state's Rehabilitation Department
may help. Mine told me I wasn't disabled enough, then told me I was too
disabled.

With Federal employers, it is the Rehabilitation Act that controls; with
it I had a ten year long Catch-22 in the MSPB, EEOC, and federal courts.

Good Luck!

look under the social security disability web site, there is a list of the diagnosis, and what is considered disabled.  you can go to your local social security office, and they can also help.   make sure you get all the documentation for the application.  docs evals, meds, keep a daily seizure journal, be specific.  meds seizures, aura, duration, recovery time,  how many hours a day you can be active.  short term memory loss, every detail you notice.  the more the better.  it can be a long process, and if denied you can appeal, that is the time to get a disability lawyer.  they know the system.  hope it helps.  rikk