A. Is Shirley Caretaker disabled within the meaning of the Social Security Act in that she meets the requirements of the disabling listing for 12.04 affective disorders in 20 C.F.R. Appendix 1 to Subpart P of Part 404-Listing of impairments? With respect the answer is yes for the reasons stated in the Argument section of this brief.
B. Is Shirley Caretaker disabled within the meaning of the Social Security Act in that she meets the combined requirements of the listings for 1.01 and 1.02(a)(b) musculoskeletal and major dysfunction of a joint (due to any cause) in 20 C.F.R. Appendix 1 to Subpart P of Part 404-Listing of impairments? With respect the answer is yes for the reasons stated in the Argument section of this brief.
C. The report of treating physicians of Ms. Caretaker have not been given the weight required by the Social Security Act and implementing regulations as interpreted by opinions of the courts of the United States.
Statement of the Facts
Shirley Caretaker is a 56 year-old widow who spent the last twenty-five (25) years working in the health care field as a Certified Nurse’s Assistant and Licensed Practical Nurse. Ms. Caretaker’s job-related knee pain was worsened by a work related accident, which also injured her hip and back. She cannot sit or stand for more than 30 minutes at a time, or walk for more than 10 minutes. Pain in her upper back radiates up her neck and through her fingers, which causes her arms and fingers to periodically feel
The Department of Human Resources received a report on Ms. Sue Salter on 9/17/14 alleging Ms. Salter a paraplegic who is paralyzed on her left side was living in a home with no water, power, and had an inadequate caregiver. During investigation, utilities were reconnected and Hospice service provided. Hospice stated Ms. Salter was losing notable weight and found lying in urine during visits. Due to this, several bedsores increased and the doctor ordered a catheter and low air mattress. Ms. Harville, the caregiver was educated on wound care numerous times and demonstrated a working knowledge but choose not to administer wound care.
Notably, this act entails parents of disabled adult children that require care can be designated caregivers as long as the parent is not also the recipient’s designated representative. Certain restrictions on whether they live with the consumer of home health services will apply.
The Social Security Act did dismiss the 1931 advertisement, as it was about the people helping out the poor, while the Social Security Act is government programs designed to help the poor. The act has a mandatory retirement age, in which the retirees will be awarded with a pension by the government, which both Senator Long and Francis Townsend mentioned. In the Townsend Pamphlet, one of the requirements was, “their past life is free from habitual criminality”, while in the Social Security Act it excluded agricultural, domestic service, and government workers. Senator Long proposed in his speech, “Share the Wealth”, anyone over the age of 60 receive a pension, while with the Social Security Act the age to receive pension is 65. There
Williams is familiar with due to her experience teaching special education classes before becoming a principal. According to Mrs. William’s point of view, the Section 504 of the Rehabilitation Act is a way to formally document how the school meets the needs of students with a documented disability and provide protection to these students while they are in the public school system (Williams, personal communication, 2/3/17). One of the major premises of Section 504 is that it prohibits discrimination of any kind against a student of any disability. Students with disabilities cannot be excluded from participating or denied benefits or be discriminated against under any program receiving federal financial assistance (DOE, 2015). Students with disabilities such as hearing or vision impairment, learning disabilities, or emotional disabilities can receive teaching accommodations as well by using a 504 plan. This plan ensures that students with disabilities receive equal access to benefit from any needed educational aid, benefits or services. Students with disabilities are entitled to a free appropriate public education just the same as non-disabled students. They need to have the correct tools provided in order to access this education on the same level. These tools might include larger print books, enlargements of paper assignments, or even a personal monitor that is connected to the teacher’s workstation in order to better see the board work like the other students. Students with other disabilities are provided the resources they need to access their education as normally as possible. Additionally, students with behavior disabilities are given the protections they need to be able to have time to work on making improvements. For example, a student in 2nd grade that was recently placed on a 504 plan for an emotional disability which can manifest in violent, inappropriate behaviors has certain rights now. He has
The Social Security Act of 1965 established Medicare and Medicaid which are health insurance programs for the poor and elderly people of the United States. It is funded by a tax on the earnings of employees and contributions by the employers. “It is now broadly apparent that those who opposed Social Security in 1935 and Medicare in 1965 were wrong in their fears…” (Nicholas Kristof “The Wrong Side of History”).
The claimant indicated he set “up the line and running it for production”. He indicated the heaviest weight he lifted was 50 pounds and the weight he frequently lifted was 50 pounds. He stated he supervised eight individuals and spent 8 hours per day supervising. Limitations in lifting carrying preclude this kind of work as actually performed. DDS determined that this position resembles DOT 920.587-018. However, the DOT occupation proposed by DDS does not take into account the supervisory duties performed by the claimant. The claimant reported -setting up the line and running it for production. On the SSA-3369 in the prior file, the claimant indicated he supervised seven employees and ensured they completed their job appropriately. DDS needs to obtain a detailed description of the supervisory and non-supervisor duties fulfilled by the claimant and reassess step 4b.
Lois, later joined by Elaine, filed a lawsuit in District Court in Northern District of Georgia, claiming that the State violated Title II of the ADA, which prohibits subjecting an individual with a disability to discrimination by reason of the disability, and the integration regulation, which seeks to eliminate segregating people with disabilities. Title II also stipulates that individuals must be placed in the least restrictive, integrated setting to meet their needs, when professionals working with the individual establish that such a placement is appropriate. Lois and Elaine were both assessed and it was
2.2 Describe the ways in which an individual with dementia may be subjected to discrimination and oppression
The SSA determined that the claimant had the residual functional capacity to perform sedentary work with additional postural limitations that were narrowed by his capacity to stand and walk for less than two hours. He did not have any past relevant work (PRW).
The statement , shown above is considered true. Thanks to President Roosevelt, he has ended the Great Depression called the New Deal. After passing the Wagner Act, congress began to work on one of America’s most important pieces of legislation. This is called the Social Security Act. The Social Security Act provided unemployed workers for security/ protection. While the legislation provided welfare payment to other needy people such as, people with disabilities, and poor mothers with dependent children. This New Deal has helped so many types of people during the Great Depression.
One of the questions I had asked was whether Cheryl has a disability. According to The Americans with Disabilities Act article, “The ADA prohibits discrimination against applicants and employees who meet the statute’s definition of a “qualified individual with a disability.” The ADA defines a “disability” in three ways: A physical or mental impairment that substantially limits one or more of the major life activities of individuals. A record of such an impairment. Being regarded as having such an impairment” (The Americans with Disabilities). The individuals are only considered under ADA law if they fulfill their job requirements. Another question I have to answer is what it means to be a qualified individual. According to the ADA, a qualified
B: Yes, it does has some limitations. So for the birth and care of the newborn child of an employee; for placement with the employee of a child for adoption or foster care; to care
Ms. Milton said she wants to have her knee replacement done. She is willing to have the surgery without the weight loss. I
to watch over this person for a while. What should be happening is what ever
Under Title I of the Americans with Disabilities Act, employers with fifteen or more employees are prohibited from discriminating against people with disabilities. Furthermore, the employment provisions of the Act require that employers provide equal opportunity in selecting, testing, and hiring qualified applicants with disabilities, job accommodations for applicants and workers with disabilities when such would not impose due hardship, and equal opportunity in promotion and benefits. (United States Department of Labor). If an employer is found liable for such discrimination, the fines can be extremely high. Therefore, it is important to know the definition of disability as determined by the ADA. A disability is a physical or mental impairment that essentially limits one or more of the major life activities of an individual, a record of having such impairment, or being regarded as having such impairment (Bennett-Alexander and Hartman) and the individual should be able to prove such factors to establish a prima facie case in court. Despite of these definitions, a disability is determined based on the effect the impairment