Mar 1, 2007

ADA Restoration Act Threatens Social Security Disability Claimants

The Americans with Disabilities Act (ADA) has become virtually worthless as a result of judicial constructions. There is a bipartisan movement to enact an ADA Restoration Act to remove these judicially created barriers preventing the ADA from serving its intended purpose. See this press release from last fall issued by the top Democrat and top Republican on the House Judiciary Committee.

As a general matter, the ADA Restoration Act would be a wonderful thing. However, it could be problematic for Social Security disability claimants. There have been people arguing that the existence of the ADA should mean that far fewer people should be approved for Social Security disability benefits, because disabled people have far greater opportunities now than they had before. However, now long after the ADA was adopted the then head of Social Security's Office of Hearings and Appeals, Dan Skolar, issued a memorandum saying that the ADA could not be used in this way. I am sorry but I cannot find an online link to this memorandum. This memo has made it essentially impossible for Social Security to pursue such a policy. However, if an ADA Restoration Act passes without language to protect Social Security disability claimants, it is very likely that Social Security would revisit the issue. The result could be catastrophic for Social Security disability claimants.

No comments: