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My son is 33 years old, he has Autism/Aspergers which was discovered at age two. I was told to put him in group home, I choose not to do that. I raised him and tried to have him gravitate to the highest level he could in life and "did NOT" apply for SSDI for him ever. He has done such a great job working and keeping his job which involves working with people and multi-tasking so it has been such an accomplishment for him. Anyway he requested a move into another department in October of 2012, one he has been requesting for over seven years and which his request were ignored. I finally pushed the issue and he was indeed moved and NOT provided any ADA accomodations whatsoever and the writing was clear on the wall he was continually being written up for "quanity/quality" in the grocery department and his Union Rep told me to have him stop working and apply for a mental health benefit the store offers one time each 12 months. We did this while I filed an EEOC complaint and hoped once the store (largest grocery store chain in US) received it he could return and hopefully accommodation would be made and he could move forward on mastering the position. Did not happen, written up almost from day one and treated in a well below standard of how one should treat any human being much less one with a disability who qualifies for the ADA. After returning we again had to have him leave workplace to stop the write ups or he would lose his job. We applied for STD which his physician since 1994 provided medical documentation supporting the need for the STD. It was denied, the store (HR/MetLife) representation said his condition is not covered under policy. I appealed it was sent to board of directors of store and denied again. Can you shed any lite on how "Autism" is certainly a "disability" which can be controlled to some degree with environmental support and uncontrollably in an environment where the person with the disability is mistreated and/or provided accommodations. Any thoughts on what I might do to challenge his company / MetLife on this final decision? I am so confused. This is much more to story that is documented on this site under different catagories if you have access to them. No rush take your time I understand it is very complicated and involved situation
His doctor is very confused as to why the denial. He diagnosed him with Autism/Asperger, OCD, Anxiety, Stress caused by workplace environment for lack of consideration of the ADA laws in place as well as several others. I am just so upset because you have a person who has qualified for SSDI since childhood. We as parents decided not to take that path and he became employed and remained there for the past 17 years, his doctor strongly suggest that he apply for SSDI which I am trying to do for him since lawyers take so much to do this and my son's physician feels it should not be a problem at all. He also completed paperwork 2x's for his disability as well as written letters to the company requesting ADA considerations and accomodations to help my son since his recent change in departments. The doctor does not want him back in the workplace until this is settled since the stress has had such a great impact on my son and if he were to go back he would probably lose his job. His doctor said it was a toxic environment for my son at this time. There are so many individuals out there who are young, healthy and collecting SSDI, Medicade etc., when my son who could have followed their path choose to work to the best of his ability and be a productive member of society and it feels as if I am running an uphill battle everyday. :(
When we did the appeal the doctor had to complete additional paperwork but I believe because we filed an EEOC complaint againist the company they are denying because if they approve he has a disability it will be hard to explain as to why my son was not covered under the ADA laws and violations made by the department manager.
I am praying I can get his SSDI rushed along and have copied our State representatives on it with the hopes since he did not use the benefit all of his life when he qualified there should not be a problem. Guess we will find out. This entire situation seems so screwy to me.