Why Do I Remain Afraid?

Section 6 of the ADA Restoration Act just passed in the House of Representatives contains the following language:

(e) Benefits Under State Worker's Compensation Laws- Nothing in this Act alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs.

I hope that the ADA Restoration Act will not affect the validity of the Dan Skolar letter that remains the basis for Social Security's interpretation that the Americans with Disabilities Act does not affect disability determination under the Social Security Act. As specific as the language quoted above seems to be, I remain fearful. There are lots of well-meaning people out there who have an almost religious belief that EVERY disabled person can work and that full implementation of the Americans with Disabilities Act will allow EVERY disabled person (who is not just lazy) to return to work. If you think I am exaggerating about the disability advocates who believe the EVERY disabled person can work, try digging around in the website of the Ticket to Work and Work Incentives Advisory Panel.

If you are wondering how the ADA Restoration Act with such specific language could possibly affect disability determination at Social Security, remember that the Dictionary of Occupational Titles is kaput. Social Security has to replace it somehow. Whatever is done will fundamentally alter disability determination at Social Security. Social Security's leaders must make fundamental decisions about a future course of action and, no, I do not think that starting the process to contract with some entity to update the Dictionary of Occupational Titles commits Social Security to much of anything. That is merely a starting point, since I am pretty sure that any update to the DOT that is even halfway honest will show that unskilled sedentary jobs have almost disappeared from the economy and that there are far fewer unskilled light jobs than there used to be. It is what you do about that fact that is going to matter a whole lot. In making decisions about what to do about these changes in the economy, Social Security's leaders may be affected by the ADA Restoration Act without saying so or, indeed, without believing that they are affected. This is all very close to the bone.