Looking Ahead: What SSB 5340 Means for Washington Employers. An award-winning business and brand journalist, she writes for daily and weekly newspapers and business journals, national magazines, in-flight publications and leading websites. Under Social Security regulations, the DDS disability specialists, staff physicians, and psychologists determine eligibility of Washington applicants for three disability programs: Social Security Disability Insurance - SSDI Supplemental Security Income - SSI Mobility: Serious difficulty walking or climbing stairs, Cognition: Serious difficulty concentrating, remembering, or making decisions, Independent living: Serious difficulty doing errands alone, such as visiting a doctor's office, Hearing: Deafness or serious difficulty hearing, Vision: Blind or serious difficulty seeing, even when wearing glasses, Self-care: Difficulty dressing or bathing. Yes, for some residents of the Evergreen State. The Americans with Disabilities Act (ADA) is a federal law that protects people with disabilities from discrimination. A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter. The ADA mentioned some examples of impairments considered as disabilities. An exemption to this guideline is when said reasonable accommodation would affect the company. The Site is not an attorney referral service or prepaid legal services plan. Here, a person with a disability may choose whether to disclose his disability to his employer. It does not matter if the impairment substantially limits, or is perceived to substantially limit, a major life activity. As a consequence, employers were left to interpret the meaning of "disability" based on regulations adopted by the Washington State Human Rights Commission (HRC), and prior court decisions interpreting the WLAD.2 These alternative interpretations of the term "disability" by the HRC and the Washington courts led to "confusing results" and "different definitions, depending on [the] type of claim."3. On May 4, 2007, Governor Christine Gregoire signed Substitute Senate Bill 5340 (SSB 5340), which was enacted by the Washington State Legislature during the 2007 legislative session to add new statutory definitions of "disability" and "impairment" to the Washington Law Against Discrimination. You may contact your adjudicator for instructions on completing the proper authorization. Margot is also an in-demand writing coach and organizational communications trainer, helping individuals and teams write more effectively. Be protected by the ADA and learn more about it today with ADA Compliance Professionals, Inc. For more information, kindly proceed to https://adacompliancepros.com/. It is generally illegal for landlords to ask if a potential or current tenant has a disability, or to ask about the nature or severity of the person's disabilities. For Non-Grant Medical Assistance records, contact your Social Worker at the DSHS Community Service Office. These cookies may also be used for advertising purposes by these third parties. The Americans with Disabilities Act (ADA) of 1990 is a civil rights law which prohibits discrimination among people with disabilities. Learning disability: Is a neurological condition that impedes the individual's ability to store and/or process information. Do You Need to Pass a Workers Comp Drug Test? You will be subject to the destination website's privacy policy when you follow the link. Only for purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and: The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or. (800) 233-3247 / TTY (800) 300-7525 has a physical or mental impairment that substantially limits one or more major life activities, or. Payment equals 40% of your average monthly paycheck over a 35-year career. "Disability" means the presence of a sensory, mental, or physical impairment that: Is medically cognizable or diagnosable; or. Washington State Voter Registration for applicants age 18 or older. If your claims approved, you can expect to get as much as $841 for an individual or $1,261 for couples. Employers covered by the Rehabilitation Act cannot discriminate against qualified job applicants on the basis of disability. In this table, you can see how Washington compares to the national average (all states in America) when it comes to approval rates at each of those stages. If you need more information, be sure to visit the WA Cares Fund website or call 844-227-3492. You may be eligible for free or discounted hospital care through a new law that helps more than half of Washington residents get 50-100% off their bills. If your eligibility is based on a disability: a copy of your disability award letter from SSA or VA, or Definition of a person with a disability WAC 220-200-160: "Person with a disability" means a person who has a permanent physical disability or permanent developmental disability which substantially impairs their ability to participate in recreational activities or access department lands, including, but not limited to, the following: Applications for NGMA disability are filed at Community Social Service offices - CSO. SSDI is a federal disability insurance program funded by deductions from American workers paychecks. Profile Data: District of Columbia, Disability & Health U.S. State Profile Data: Florida, Disability & Health U.S. State Profile Data: Georgia, Disability & Health U.S. State Profile Data: Guam, Disability & Health U.S. State Profile Data: Hawaii, Disability & Health U.S. State Profile Data: Idaho, Disability & Health U.S. State Profile Data: Illinois, Disability & Health U.S. State Profile Data: Indiana, Disability & Health U.S. State Profile Data: Iowa, Disability & Health U.S. State Profile Data: Kansas, Disability & Health U.S. State Profile Data: Kentucky, Disability & Health U.S. State Profile Data: Louisiana, Disability & Health U.S. State Profile Data: Maine, Disability & Health U.S. State Profile Data: Maryland, Disability & Health U.S. State Profile Data: Massachusetts, Disability & Health U.S. State Profile Data: Michigan, Disability & Health U.S. State Profile Data: Minnesota, Disability & Health U.S. State Profile Data: Mississippi, Disability & Health U.S. State Profile Data: Missouri, Disability & Health U.S. State Profile Data: Montana, Disability & Health U.S. State Profile Data: Nebraska, Disability & Health U.S. State Profile Data: Nevada, Disability & Health U.S. State Profile Data: New Hampshire, Disability & Health U.S. State Profile Data: New Jersey, Disability & Health U.S. State Profile Data: New Mexico, Disability & Health U.S. State Profile Data: New York, Disability & Health U.S. State Profile Data: North Carolina, Disability & Health U.S. State Profile Data: North Dakota, Disability & Health U.S. State Profile Data: Ohio, Disability & Health U.S. State Profile Data: Oklahoma, Disability & Health U.S. State Profile Data: Oregon, Disability & Health U.S. State Profile Data: Pennsylvania, Disability & Health U.S. State Profile Data: Puerto Rico, Disability & Health U.S. State Profile Data: Rhode Island, Disability & Health U.S. State Profile Data: South Carolina, Disability & Health U.S. State Profile Data: South Dakota, Disability & Health U.S. State Profile Data: Tennessee, Disability & Health U.S. State Profile Data: Texas, Disability & Health U.S. State Profile Data: Utah, Disability & Health U.S. State Profile Data: Vermont, Disability & Health U.S. State Profile Data: Virginia, Disability & Health U.S. State Profile Data: Washington, Disability & Health U.S. State Profile Data: West Virginia, Disability & Health U.S. State Profile Data: Wisconsin, Disability & Health U.S. State Profile Data: Wyoming, Special Olympics Athletes Team Up to Roll-Out Fun Online Workouts, Physical Activity for People with Disability, Disability & Health Data at Your Fingertips, Prevalence of Disability & Disability Types, COVID-19 Cases and Hospitalizations Among Medicare Beneficiaries With and Without Disabilities United States, January 1, 2020 November 20, 2021: An Easy Read Summary, CDCs Disability and Health Data System (DHDS), Communicating with People with Disabilities, Tips for Communicating with Female Patients, Disability & Health Information for Partners, Reaching People with Disabilities through Healthy Communities, Disability & Health Information for People with Disabilities, Disability & Health Information for Women, Disability & Health Information for Family Caregivers, Disability & Health Information for Health Care Providers, CDC Employees and Reasonable Accommodations (RA), U.S. Department of Health & Human Services, About $19.5 BILLION per year, or up to 37% of the states healthcare spending, About $15,068 per person with a disability. That means together you have less than $3,000 in assets and $2,607 for a couple in combined monthly income. Is perceived to exist whether or not it exists in fact. Washington Legislature Enacts SSB 5340 to Overrule McClarty Decision. Start your application through a personal disability advocate or attorney and potentially improve your chances of approval. Second, SSB 5340 expressly overrules the definition of "disability" adopted by the Washington Supreme Court in the McClarty case. 519 Grant Rd The SSA requires recipients to pass disability updates every 3-7 years until you reach full retirement age. By its express terms, SSB 5340 applies retroactively to "all causes of action occurring before July 6, 2006 [the date of the Washington Supreme Court's decision in the McClarty case]," and prospectively to "all causes of action occurring on or after the effective date of this act [July 22, 2007]." A person is regarded as having an impairment when the employer perceives that the person has an impairment, whether or not the impairment exists, and takes an action against the person as a result. A doctor's opinion that an individual is unable to work is not enough for a determination of eligibility. Even if you do not have a developmental disability, you might be eligible for personal care. Being regarded as having such an impairment. Company is a privately-owned entity and is not affiliated with or endorsed by the Social Security Administration or any other governmental agency. For labor unions, it is an unfair practice to deny membership and full membership rights and privileges to a person because of the persons disability. SSA has reviewed the following publication for technical accuracy only; this should not be considered an official SSA document. Beginning Jan. 1, 2020, up to 12 weeks of medical leave for pregnant women and up to 12 weeks of family leave. 909 1st Avenue, Ste 400 The complaint must be filed within 15 days from receiving notice from the EEOC counselor about how to file. We gathered information on SSDI eligibility and payments for residents from Spokane to Seattle and all points in between. Is a state program just for people working in Washington; Offers paid leave; Is available to workers in businesses of all sizes, including small businesses; Has a broader definition of "family," including siblings and grandparents; Family and Medical Leave Act (FMLA): Is a federal program throughout the U.S. Offers unpaid leave Long-term disability (LTD) insurance protects a portion of an employee's salary if they are unable to work due to sickness, injury, or pregnancy. Email: info@dr-wa.org An impairment does not have to prevent or significantly restrict a person from performing a major life activity in order to be substantially limiting. Disability is defined as: Physical or mental impairment which limits one or more major life activities, OR. This portion of the law is regulated and enforced by the Equal Employment Opportunity Commission. m/ a|6+[AApHPBm,HrLa"iS("7:8\Wi(x^LtKs *Kd1mTeVsrqgy!zJ+DqT57>-5Cd"8|e8='G9$ g0[l&mCLq One final question raised by the language of SSB 5340 is the status of the "medically necessary" requirement for reasonable accommodation under Washington law.4 Presumably, by using the phrase "reasonable accommodation," the Legislature intended to incorporate the requirement that an accommodation be "medically necessary" before it will qualify as a "reasonable" accommodation. As a practical matter, SSB 5340 will make it extremely difficult for employers to defend against disability claims on the ground that no qualifying "disability" exists virtually any sensory, mental or physical condition appears to qualify as a "disability" under the new law. Copyright 2022 State of Washington | Privacy | Use Our Logo, Buildings - Interior and Exterior Accessibility. If you answer yes to every question below, youre eligible to apply for SSDI benefits today: Did you have any no answers? In McClarty, the Washington Supreme Court addressed the question of what definition of "disability" is to be applied in disability discrimination suits brought under the Washington Law Against Discrimination (WLAD). Seattle, WA 98104 Cookies used to track the effectiveness of CDC public health campaigns through clickthrough data. Spokane, WA 99201, Yakima District Office Mental illnesses covered by the ADA are the following: These mental health conditions are covered under the ADA if these affect a persons ability to think, learn, concentrate, sleep, communicate or impact major life activities. Find out here. As clarified and amended by SSB 5340, the WLAD provides broader protections under state law than those afforded under federal law. However, minor impairments and impairments that are expected to last six months or less are not included. In addition, employers must provide reasonable accommodations to applicants and employees unless doing so would cause undue hardship to the employer. Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Disability Hearings - face to face informal hearing as part of the appeal of Continuing Disability Review cessation. You can request a packet by filling out a Service and Information Request or by returning the information listed below: Request for DDA Eligibility Determination(14-151), Washington StateVoter Registrationfor applicants age 18 or older. Based on the definition of handicap in the Rehabilitation Act, the definition of disability involves 3 conditions. Washington State residents seeking SSI must meet these financial requirements: Couples applying for disability must meet combined requirements. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5340&year=2007, Leaves of Absence and Disability Accommodation. Sexual Orientation & Gender Identity In P.A. For Classic Medical see WAC 182-521-0100. Following the issuance of the Supreme Court's decision in the McClarty case on July 6, 2006, numerous constituent groups and stakeholders contacted members of the Washington State Legislature to complain that the McClarty decision had gone too far, and had impermissibly restricted the definition of "disability" under the WLAD. Activities, or physical impairment that: is medically cognizable or diagnosable ; or accommodations to applicants and unless... Much as $ 841 for an individual or $ 1,261 for couples have a developmental disability you... Equal Employment Opportunity Commission `` disability '' means the presence of a sensory mental. Publication for technical accuracy only ; this should not be considered an official SSA document a developmental disability you. Or not it exists in fact eligible for personal care & # x27 s! Through clickthrough data Medical Assistance records, contact your adjudicator for instructions completing! 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