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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110511
Experience:  20+ Years of Employment Law Experience
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I have an issue I have chronic back issues I work in a group

Customer Question

I have an issue I have chronic back issues I work in a group home as a manager dr said i can work my management position. Lately my job he has been forcing me to do more direct and my back hurts again my dr ordered indefinite desk duty but employer can't accomodate and said I cant work dr needed to put me on medical leave dr refuses saying I can do what I was hired for managerial just not the extra direct care. I don't qualify for unemployment due to i wasnt fired and I have a work restriction. So I m in limbo as I need a dr sign for disability help please I m in nj
JA: I can help you talk to the social security expert. Thanks for coming to JustAnswer. How can we help?
Customer: No I don't qualify for social security cause I can work just not the extra
JA: OK. The social security expert will know what to do. Please tell me everything you can so the social security expert can help you best.
Customer: I can work my job as stated in my job description but no extra. I m required to cover direct care shifts when no subject is available which happens alot the direct care is causing the issue. The dr gave me a lifting restriction
JA: Is there anything else important you think the social security expert should know?
Customer: I also suffer from anxiety and my therapist states that I need a 40 hr work week so I can get proper sleep and take care of my condition. I was stable for two years and working full time prior to all these new requirements and now I have back pain and panic attacks due to the uncertainty of this job. I m going to b 5q in june.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the social security expert about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The employer cannot deny you reasonable accommodation for a permanent disability as that would be a violation of the Americans with Disabilities Act. So if the employer is refusing to provide you some reasonable accommodation (even if it is not the specific one you are asking for, but one that would allow you to perform your job duties) then your next step is filing a complaint to the EEOC for violation of your rights under the ADA and they will investigate and if they cannot resolve the matter, you then would get a right to sue letter and can sue them in court.

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