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Loren
Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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I am a fully disabled under ADA for several years. I am also

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I am a fully disabled under ADA for several years.
I am also an survivor annuitant in a State pension program.
my monthly pension. minor as it may be. was reduced by
a percentage along with all others in the program.
i thought that I read somewhere that as a ADA qualified
person, I cannot be subject to such a reduction in benefits ?
your advice would be appreciated...
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, while ADA prevents discriminatory treatment due to your disability, if legal action is taken affecting all employees or former employees then it is not addressed or prohibited under ADA or other civil rights laws.

There may be ERISA violations which should be addressed with local counsel, but it is not an ADA issue if the action is not related to your disability.

I realize this is not the answer you were hoping to receive.  Also, please remember that this is not necessarily a moral judgement on my part.   As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.
Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Loren
Loren and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thx for your reply.


I guess I find myself in the infamous "catch 22" ......

I am sorry Al, It is just not an ADA issue. Do check with local counsel regarding a possible ERISA violation, though.

Thank you.

Loren

If you have not already do so, please remember to leave a favorable rating so that I am credited for assisting you.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-Loren/
          

Best wishes and good luck to you.

If it is not too much trouble, Al, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.