Osteoarthritis causing premature retirement and entitlements

Osteoarthritis and premature retirement: Entitlements and advantages

In the United States, individuals living with Osteoarthritis (OA) may find solace in knowing that they have rights and resources to help them manage their condition in the workplace. This article aims to shed light on the accommodations available, the protections under the Americans with Disabilities Act (ADA), and potential disability benefits.

Some workplaces offer additional support and benefits to their employees, including those with chronic conditions like OA. The ADA protects people with disabilities from discrimination, including not hiring, promoting, or giving raises because of a disability. It is important to note that the ADA does not protect people who use illegal drugs.

In the case of OA, employees may have a right to workplace accommodations that make working easier. Common accommodations include flexible work schedules, job restructuring, modified workspaces, assistive devices, extended leave, and remote work options. These accommodations aim to reduce pain and physical strain while enabling employees to perform essential job functions effectively.

Flexible work schedules allow altered start/end times, reduced hours, or breaks to attend medical appointments or manage symptoms. Job restructuring involves reallocating non-essential tasks that are physically demanding or painful to others, allowing focus on core duties suitable for the individual’s capacity. Modified workspaces offer ergonomic adjustments such as special chairs, adjustable desks, or tools that reduce joint strain and improve comfort. Assistive devices and technology include equipment like standing desks, cushioned mats, or supportive braces to lessen joint stress. Remote work options enable employees to work from home, limiting commuting and allowing a comfortable environment tailored to symptom management. Extended or intermittent leave provides additional unpaid or paid time off for treatment or recovery periods as needed under ADA leave provisions.

These accommodations are typically tailored through an interactive process between the employee and employer, often utilizing the protections under the ADA that defines arthritis as a musculoskeletal condition potentially qualifying for accommodations or ADA leave if it substantially limits major life activities like walking or lifting.

Employers are encouraged to assess each request individually and support employees with chronic conditions like OA to maintain productivity and inclusion without discrimination. It is essential for a person to speak with a doctor to weigh up the advantages and disadvantages their current work could have for their condition.

People with OA may be able to get disability benefits, such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), workplace benefit programs, long-term disability insurance, or benefits from their disability insurer. Each program for disability benefits has its own requirements and application process. For federal benefits such as SSI or SSDI, it may help to contact a local Social Security Administration field office or a disability lawyer for advice.

It is crucial to consider what is off-limits, what is helpful, and workplace policies when exploring job options. The right job for a person with OA will depend on the type of OA they have and their pain triggers. Having OA in itself is not necessarily a reason to stop working, but work that involves straining the same joint repeatedly may aggravate symptoms and cause pain.

In some situations, OA may result in a person retiring early, particularly if they have knee arthritis. Employers must make reasonable accommodations for employees who have disabilities, such as mobility impairments, under the ADA. They can ask for proof of a disability but cannot ask for access to detailed medical records.

When in doubt, it may be beneficial to talk to a career advisor with experience helping those with disabilities or seek legal advice to ensure your rights are protected. Employers who refuse to make accommodations that do not cause "undue hardship" are breaking the law. The Americans With Disabilities Act (ADA) is a law that all workplaces with over 15 employees in the U.S. must follow.

In conclusion, understanding your rights and the accommodations available can help individuals with OA maintain their productivity and inclusion in the workplace. Speak with your employer, a career advisor, or legal expert to explore the options that best suit your needs.