Is My Son Disabled Under The Ada?

[juliegee]

OK, dumb question- I know, for a kid, BUT he's identified a great college scholarship for disabled musicians. He must meet the ADA criteria for disability, huh? In his last report, Dr. Rowe (his doc) wrote that he functions at 60% of normal. I do know that without his meds, he'd be unable to get out of bed, stand upright, or eat. I hate to have him go through all of the effort of applying for this, just to find out he's not qualified.

One other question, on the application they ask for a one-line description of disability. What should he write? Chronic Fatigue Syndrome, Neurally Mediated Hypotension, Bradycardia, Small Bowel Dysmotility, Auditory Processing LD, Dyslexia, etc.... How can I get someone reading the application to get that they are all connected????

I'd appreciate anyone's input, especially if you've been through the process.

THANKS!

Julie

[cnm1]

Hi Julie

Does he have(or had) an IEP, SSI etc? If so that makes it easy. Otherwise I would ask the scholarship what documentation they require. I expect a letter from his doctor would be adequate

Louise

[juliegee]

Hi Julie

Does he have(or had) an IEP, SSI etc? If so that makes it easy. Otherwise I would ask the scholarship what documentation they require. I expect a letter from his doctor would be adequate

Louise

He's always gone to Catholic School so accomodations were made after student support meetings & supporting documentation. He's got a fairly current psycho-educational report & a very detailed medical report from Dr. Rowe/Johns Hopkins on file. He briefly tried our local public school (2 weeks) & they proactively put him on a Section 504 plan so that his accomodations would remain in place. I never pushed for more- not necessary at his private school so I don't know if he meets ADA requirements for disability....

[firewatcher]

from ADA.gov:

"An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered."

I don't know what kind of hoops he and you would have to jump through for the "title," but with this definition, I'd think most of us would qualify.

From Ask.com:

Who Qualifies as Disabled?

Having a chronic illness like FMS or ME/CFS doesn't automatically qualify you as disabled. To be considered disabled under the ADA, you must:

1. Have a physical or mental impairment that substantially limits one or more major life activities.

2. Have a record of such impairment (such as medical records or a letter from your doctor).

3. Be regarded as having such an impairment.

Major Life Activities

The scope of what's considered a "major life activity" was broadened as of January 1, 2009. The ADA provides two lists -- one of basic abilities and one of major bodily functions.

Basic abilities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

Major bodily functions include, but are not limited to: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

The 2009 amendment specifies that these impairments do not need to be readily apparent from looking at or talking with someone. It also covers you when your symptoms are in remission, as long as you'd be considered disabled when symptoms were active. This is especially helpful for those of us with FMS and ME/CFS who have flares and remissions.

Edited September 5, 2010 by firewatcher

[juliegee]

Thank you both for your help. I think Mack qualifies. The only time it'd be an issue is if he were to win. It's an international competition with two winners- slim chance. I'll try not to worry about it unless I have to

Grateful-

Julie

[pat57]

My daughter was awarded SSI. Its a boatload of work taking 7 or 8 months, which was actually helpful. Do you save

records of visits? They will want "everything." Its best if you have it- they don't try hard to get it, they ask for it from

whomever and that's it.

My daughter is on SSI. To be eligible your income has to be low. I don't know about the other types.

I'm sure there's a lot of jumping hoops tho.

try

http://www.socialsecurity.gov/

see what you can find out.

[pat57]

http://www.socialsecurity.gov/applyfordisability/child.htm

[pat57]

there is also

usa.gov

and 1800 FED-INFO