Requies use of oxygen

[candg918]

What is the name of your state? OK

Is the requirement to use oxygen while sleeping a qualifier for EEOC protection? Obviously it prevents someone from being required to travel overnight as the equipment is very bulky and cannot be moved on an airplane.

He is currently considered a disabled adult child and is not employed due to significant learning disabilities which had him in special education. These problems likely resulted from failure to diagnose this hypoxemia sleep disorder. If he attempts to try to work, he can not be carried on parents health insurance. He has been continuously insured since birth.

Can an employer refuse to add him to a group insurance policy? Can they refuse to pay for the oxygen equipment rental?

How should this be treated on a job application?

 

[ecmst12]

He would be covered by the ADA because of all his disabilities, not just the oxygen. That sounds like a pretty minor problem compared to the rest.

The rules for group health insurance state that the plan document must define which classes of employees qualify for the benefit. This can be based on any criteria so long as it does not violate anti-discrimination laws. And the law says that the insurance must be offered to ALL employees that qualify. So an employer would not be allowed to deny him benefits just because his needs are costly, if he meets the criteria to qualify for them.

I see no need to disclose any medical information on an application. If he has special needs as an employee, or will require an accomodation in order to be able to perform the job, he may need to disclose that, I'm really not sure. The ADA has an information line that you can call for more info: 800-514-0301

 

[cbg]

As ecmst12 says, if he meets the criteria to be offered health insurance, the employer cannot refuse to offer it to him. However, the employer is not required to pay for the oxygen rental equipment and the health insurance policy will only be required to pay for it, once he is covered on the plan, if it is a covered benefit on the plan. If Durable Medical Equipment is not a covered benefit, the insurance will not be required to pay for it anyway because of his disabilities.

If it is a covered benefit, then he will have the same access to it as any other employee would.

 

[Beth3]

Can an employer refuse to add him to a group insurance policy? Not if he qualifies as a dependent under the employer's group health plan (which typically all have provisions for an adult disabled child.)

Can they refuse to pay for the oxygen equipment rental? That depends entirely on the provisions of the health plan.

How should this be treated on a job application? It shouldn't, although you need to pursue jobs that don't require overnight travel. (It's amazing how many people accept jobs where working weekends, evenings, traveling, etc., are required and then announce to their new employer they aren't able to do that. If those sorts of things are an essential duty of the job, then the employer does not have to accommodate and they're out of a job.) The time to bring up your disabled child is after a job offer has been extended; you'll want to talk with the HR person at that time to be sure your child will be a qualified dependent under their Plan.

 

[xylene]

He is currently considered a disabled adult child and is not employed due to significant learning disabilities which had him in special education.

Does he have a case worker?

Are you working with resources as a caregiver of an adult child?

Your disabled adult child transitioning to a more independent mode of living can be tumultuous, but it is important to be proactive.

While your son is on your family insurance, it is important that you accept that one way or another this will change in time.
Your disabled child will in all likelihood outlive you by many years.

If he has vocational aptitude and opportunities, nurturing them sooner than later is all to the good.

 

[candg918]

ECMST12 and CBG


Thank you for confirming that this is likely to be covered by ADA and could not be excluded from the health insurance.

 

[candg918]

Beth3,

He is currently covered. Primary on insurance could retire early at this time but is continuing to work in part due to the health insurance coverage for child. When the primary retires before SS retirement age, we can continue the policy until spouse reaches Medicare age. I am concerned about what to do after that time. It has been suggested that we apply for SSI for him. I see no other option after retirement because even if we can support his living expenses, we cannot possible cover health insurance in the high risk pool plus oxygen equipment plus non-covered medical.

We are having trouble connecting him to the job market. If he gets a job, he goes off of our insurance or is disqualified for SSI and Medicaid. Once he loses the job, he loses the insurance/Medicaid and cannot get put back on. It is essential that he be continuously covered because he has another disease (not HIV) that is often a precursor to a very agressive - but treatable if caught early - type of cancer and will require monthly tests for life.

 

[xylene]

Beth3,

He is currently covered. Primary on insurance could retire early at this time but is continuing to work in part due to the health insurance coverage for child. When the primary retires before SS retirement age, we can continue the policy until spouse reaches Medicare age. I am concerned about what to do after that time. It has been suggested that we apply for SSI for him. I see no other option after retirement because even if we can support his living expenses, we cannot possible cover health insurance in the high risk pool plus oxygen equipment plus non-covered medical.

We are having trouble connecting him to the job market. If he gets a job, he goes off of our insurance or is disqualified for SSI and Medicaid. Once he loses the job, he loses the insurance/Medicaid and cannot get put back on. It is essential that he be continuously covered because he has another disease (not HIV) that is often a precursor to a very agressive - but treatable if caught early - type of cancer and will require monthly tests for life.

You really need support as a caregiver.

 

[Beth3]

cang, you certainly are dealing with a difficult situation but nobody can advise you on whether you should apply for SSI for the child and see if he qualifies, or whether to assist him in obtaining a job with health benefits. We also don't know the extend of his disabilities and whether he is capable of holding down long-term/full time employment.

 

[candg918]

Does he have a case worker?

*** NO. He was on vocational rehab for a while, but they had closed the program due to lack of funding when he tried to apply again.
***
Are you working with resources as a caregiver of an adult child?

Your disabled adult child transitioning to a more independent mode of living can be tumultuous, but it is important to be proactive.

*** NO. I don't know of any in my area. He is physically self sufficient. He lives in a property owned by the family rent free and will all of his expenses paid at this time. We see him nearly every day.

He has improved since the addition of the oxygen when he sleeps. I suspect this has been a lifelong problem only dignosed because it was part of the cancer screening that he underwent (It is really great that it was not cancer!!!) when the chronic illness was discovered (as well as the O2 sleep disorder).
***

While your son is on your family insurance, it is important that you accept that one way or another this will change in time.
Your disabled child will in all likelihood outlive you by many years.

If he has vocational aptitude and opportunities, nurturing them sooner than later is all to the good.

*** His problems have increased over time; this makes sense as his O2 requirements at night are comparable to my mother's with lung cancer. His nightime blood O2 levels are consistant with my mother's when we were taking he to ER with confusion/dementia from low O2. Hopefully, the O2 will stabilize and his functioning will improve. I really don't know whom to approach or what testing needs to be done. His last IQ testing done about 5 years ago shows a decrease of 35 points over testing in elementary school.

I am just coming out from under the shock of having him tested for the leukemia and everything that has followed. At least now, there is some hope rather than the continual slide downhill that he had been on.

The biggest problem I have now is keeping him on health insurance since there is no way we could afford the chemo on our own if it comes to that.

I am afraid that any pre-employment physical will prevent him from getting any job because this is on top of all the learning disabilities. My experience with companies and their treatment of disabled or ill individuals has not been good.

I will follow up with the ADA reference given in another post.

Thanks to all for your replys!

 

[ecmst12]

What kind of work could your son be suited for? Most jobs not involving manual labor will not require a pre employment physical.

 

[candg918]

He is a computer geek/programmer; he actually has 3 years of college (done in 5 years with so-so grades).

He has an auditory processing LD; can remember what he reads but not what he hears. He has an been labeled with an alphabet soup of psychiatric issues beginning with severe ADHD (diagnosed at age 3) through depression, bi-polar and OCD to name just a few. It has been suggested that he may also have Asberger's. He has not functioned well in a stuctured environment. He has had short term jobs in the past; he works at a superchaged level (manic) for several weeks or months and then crashes for a much longer period several times requiring inpatient.

There are so many "issues" - any one of which is addressaible - all thown on top of each other.

At this point the only study on the nocturnal hypoxemia I have found is on children; it showed that this can cause many of the learning and behavioral problems we have seen. There has been no testing since he started O2.

I am open to any suggestions on where to go from here!