Posts Tagged "Americans with Disabilities Act"
August 17, 2021
Disability Discrimination and Aging Workers
A unique situation faces older workers with a disability: apply for federal disability insurance now or try to hold on and keep working to retirement age.
Of course, people who leave the labor force and apply for disability are taking a risk: they might be denied the benefits. But another possible factor in how these situations play out are state anti-discrimination laws to protect people with disabilities, including older workers, from employment discrimination. If these laws can reduce discrimination, could they increase employment and eliminate the need for some older workers to apply for disability?
A new study suggests that state anti-discrimination laws have prevented some disability applications – if the laws are broad enough to provide better protection to workers with disabilities.
The state laws deemed to be broader set a lower burden for proving that the individual has a disability than the standard in the federal Americans with Disabilities Act (ADA). Under the ADA, individuals must prove that their condition “substantially” impacts their ability to function. Under this high burden of proof, many individuals with disabilities were not considered disabled under the ADA and did not receive the federal legal protections from discrimination.
The researchers analyzed whether the broader state laws limited the growth in disability applications between 1992 and 2013 by making it easier for workers at or near retirement age to remain employed.
Disability applications increased during that period for a range of reasons, from the Great Recession to a long-term deterioration in older workers’ health. But the basis for this new study was an increase in disability applications tied to a 1983 reform to Social Security. The reform reduced retirement benefits by raising the program’s full retirement age. Disability checks, which were not reduced, became more attractive to older workers relative to their retirement benefits.
But the researchers found that disability applications did not increase as much – and sometimes not at all – in the states with the broadest disability discrimination laws. The laws were especially effective in reducing applications by people getting close to retirement age. …Learn More
September 17, 2020
2020 Disability Blogs Tackle Myriad Issues
Squared Away has featured numerous articles this year – the 30th anniversary of the Americans with Disabilities Act – about the challenges that people with disabilities must deal with.
One in four adults in this country has some type of disability. What becomes clear when looking back at this collection of articles is the importance of ensuring that those who are capable of working get the support they need to overcome their unique challenges.
Employment rates, which are lower for people with disabilities, can be improved greatly if they receive support. One recent blog examined a program to assist people with severe intellectual or learning disabilities. The federal-state Vocational Rehabilitation program supplies coaches who help their clients find appropriate work and then smooth the bumps in the employer-employee relationship.
Another program that provides day care to children with disabilities has been effective in keeping their mothers – often single, low-income workers – in the labor force.
The logistical barriers to working are inherently higher for people with disabilities. Yet they are more likely than others to hold low-paying jobs with just-in-time scheduling or shifts that aren’t the same from week to week, according to research covered in an August blog. Imagine arranging special transportation or child care to accommodate these unpredictable schedules.
Economic factors also affect whether people find work or wind up on Social Security disability insurance. Amid the COVID-19 recession, researchers are concerned about the long-term impact of workers with disabilities losing their jobs. During the Great Recession, applications for Social Security disability benefits surged. Once people apply for disability benefits, the odds of ever going back to work decline.
Recessions are also an obstacle for people from low-income families trying to move up the economic ladder. Yet a researcher found that if they can manage to earn more than their parents, they will have more success staying off the disability rolls. One big reason: workers with good jobs and higher incomes are healthier because they can afford better medical care.
Our disability blogs cover research being funded by the U.S. Social Security Administration, which also supports this blog. Here is the complete list of the 2020 headlines:
Same Disability: Some Have Tougher Jobs
Same Arthritis but Some Feel More Pain
Disabilities and the Toll of Irregular Hours
Economy: …Learn More
August 20, 2020
Disabilities and the Toll of Irregular Hours
Irregular hours, last-minute schedule changes, and rotating shifts are now a fixture of the work world.
This isn’t necessarily a bad thing. Gig economy workers often tout the appeal of having the freedom to set a schedule that suits their lifestyle. In reality, many workers with unpredictable schedules, notably in retail and in lower-paid and part-time jobs, do not determine when they work. Their schedules are set by their employers.
These jobs can be hard for anyone to juggle. Arranging childcare on an irregular schedule is a good example. But workers with disabilities face unique challenges, because they often need special arrangements, such as a caretaker to help them get ready for work or an accessible van to transport them.
This would suggest that it’s important to work for employers who give them predictable schedules. In fact, a new study of workers in their 20s and early 30s with disabilities found they more often have irregular schedules than the young adults who do not have disabilities.
Here are some of their specific findings. A larger share of the workers with disabilities told the U.S. Census their work hours varied, and their hours swung more widely from week to week than people without disabilities. Consistent with this, young adult workers with disabilities reported in a second survey – the National Longitudinal Survey of Youth – that they are less likely to have regular schedules.
They are also more likely to have jobs with rotating shifts – an employer might assign the 5 a.m.-1 p.m. shift one day and the 1 p.m.-9 p.m. shift the next. Further, rotating shifts have become more common in recent decades, the researchers found. …Learn More
November 12, 2019
From Disability to Low Retirement Income
By their early 60s, four out of five workers have chronic health problems. One in four has developed some type of physical or cognitive limitation.
If these problems force them to stop working, they can apply to Social Security for disability. But developing a disability late in a career still has long-term financial consequences. These workers not only give up their steady paychecks. Their preparations for retirement are also derailed at a critical time.
A 2018 study in the Journal of Disability and Policy Studies quantifies the financial fallout. Four groups were compared, each ranging in age from 67 to 69. One started receiving disability benefits sometime between 58 and 62. A second group went on disability between 62 and Social Security’s full retirement age, which is 66 for most boomers. The other two groups claimed their regular retirement benefits. One signed up between the earliest age allowed – 62 – and the full retirement age, and one started their benefits after the full retirement age, which yields a larger monthly check.
Where each of the four groups falls in a ranking of retirement incomes is easy to predict: the earlier a worker starts disability benefits, the less income he’ll have. Healthy retirees, on the other hand, enjoy big rewards from continuing to work, saving in a 401(k), accruing pension credits, and delaying Social Security.
Household income for the last group to retire was $76,000 per year at ages 67 to 69, with Social Security providing only about a third of it, according to researchers at Mathematica who conducted the study for the Disability Research Consortium. Households that claimed a retirement benefit between 62 and the full retirement age had $48,000 in income, with 45 percent supplied by Social Security.
The retirees who had been on disability were far worse off in their late 60s. If they started receiving the benefits between 62 and their full retirement age, they had only $36,000 in household income in their late 60s – not even half the income of the late retirees. Social Security retirement benefits were the largest source of income, supplying two-thirds of it. …Learn More