Disability Law

Voter ID Law, Retirement Plan Bias Before High Court

The U.S. Supreme Court hears arguments today in two cases, one dealing with the constitutionality of Indiana’s voter ID law and the other with the legality of the use of age in retirement plans. Indiana’s law requiring voters to show a photo ID barred Valerie Williams from voting in the…

Jan 9, 2008 1:28 PM CST

Secretary Loses Appeal in Disability Suit Against Peabody & Arnold

A Massachusetts appeals court has affirmed dismissal of a legal secretary’s disability lawsuit against Peabody & Arnold based on evidence turned up by a private detective. The secretary, Teresa Brooks, claimed she had a disabling spinal condition, but the detective videotaped her “working in her yard, repeatedly bending over, carrying…

Jan 9, 2008 12:01 PM CST

The Boss Is Watching

And employees are finding they have fewer places to hide

Jan 1, 2008 8:53 PM CST

Big Disability Backlogs Can Mean Financial Ruin, Despondency

As the backlog of Social Security disability cases grows, more people are waiting longer for decisions on their appeals—up to three years, in many cases. In the meantime, some lose their homes, declare bankruptcy or even die while waiting for the outcome, the New York Times reports. The average wait…

Dec 10, 2007 1:20 PM CST

Court to Consider Whether Disabled Employees Get Preference

The U.S. Supreme Court has agreed to decide whether a worker who cannot perform her present job because of a disability should be given preference for an open position. The suit by Pam Huber claims Wal-Mart should have given her a job as a router, which paid $12.50 an hour,…

Dec 10, 2007 12:23 PM CST

Court Bans Age Discrimination in Worker’s Comp Award

Siding with a 76-year-old worker who injured her back bending over to pick up some dropped brochures, the California Court of Appeals has reversed a reduction in disability benefits it said was because of her age. Although a medical expert concluded that Lois Vaira’s injury was in part attributable to…

Dec 7, 2007 7:12 PM CST

N.J. Partner Sues Firm for Age Bias, Partner Payout

A 52-year-old partner has sued his former New Jersey law firm for age discrimination. James Toll claims in his suit that he was forced out of Sills Cummis & Gross because of his age and a perceived disability because of a 1997 heart attack, the New Jersey Law Journal reports.…

Nov 27, 2007 2:09 PM CST

Target Class Action OK’d, Seeks Web Access for Blind

Plaintiffs who contend Target failed to make its Web site accessible to the blind have won class action status for their lawsuit. U.S. District Judge Marilyn Hall Patel of San Francisco certified two class actions, the Wall Street Journal reports (sub. req.). One is a nationwide class action alleging violations…

Oct 3, 2007 1:35 PM CDT

Video Surveillance Trips Up Insurer

An insurance company’s aggressive surveillance of an injured woman has led a federal appeals court to reopen the insurer’s decision to cut off disability benefits. Hartford Insurance Co. continued the surveillance even though it had turned up no evidence of fraud, the Legal Intelligencer reports in its story on the…

Sep 17, 2007 1:31 PM CDT

Ruling Could Slow Social Security Claims

The Social Security Administration is warning that a judge’s immigration ruling could cause a backlog of work for agency employees at the same time of a significant increase in their workload. Last Friday U.S. District Judge Maxine Chesney of San Francisco temporarily barred the agency from sending letters to employers…

Sep 7, 2007 6:14 PM CDT

Law Hushed Va. Tech Gunman’s Disorder

Federal privacy and disability laws prohibited high school officials from revealing that the Virginia Tech gunman suffered from a social anxiety disorder. Fairfax County created a special education plan for Seung Hui Cho that allowed him to decline to participate in class discussions at his high school, the Washington Post…

Aug 27, 2007 4:44 PM CDT

Veterans Sue for Stress Disorder Benefits

Lawyers representing veterans of the conflicts in Iraq and Afghanistan are filing a class action lawsuit claiming the U.S. Department of Veterans Affairs has failed to provide care for post-traumatic stress disorder. Morrison & Foerster and partner Gordon Erspamer are handling the case on a pro bono basis. Erspamer waged…

Jul 23, 2007 7:17 PM CDT

We Serve a Diverse Profession

20 years of ABA initiatives promote full and equal participation in the law

Jul 1, 2007 6:26 PM CDT

Obesity Claims Likely to Rise

Disability claims based on obesity are likely to increase as American waistlines continue to grow. The Equal Employment Opportunity Commission and disability lawyers say obesity claims are an emerging area, according to Joan Biskupic of USA Today. The agency considers only morbid obesity—defined as weight 100 pounds higher than the…

Jun 13, 2007 3:53 PM CDT

Social Security Officials to Speed ALJ Hiring

Social Security officials told a House subcommittee yesterday that they are addressing a growing backlog of disability appeals with efforts to hire more administrative law judges. More than 730,000 disability appeals are pending, and hiring problems have contributed to the backlog, the Washington Post reports.

May 2, 2007 3:25 PM CDT