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PostPosted: Wed Mar 29, 2017 7:26 pm 
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Philadelphia the movie is currently on as background noise. The following dialog made me start watching it as it seems to apply to the stigma we deal with as being labeled addicts. what do you all think?

Joe Miller: [sitting on opposite sides of the table in the library, reading to each other from their text books] The Federal Vocational Rehabilitation Act of 1973* prohibits discrimination against otherwise qualified handicapped persons who are able to perform the duties required by their employment. Although the ruling did not address the specific issue of HIV and AIDS discrimination...
Andrew Beckett: Subsequent decisions have held that AIDS is protected as a handicap under law, not only because of the physical limitations it imposes, but because the prejudice surrounding AIDS exacts a social death which precede... which precedes the physical one.
Joe Miller: This is the essence of discrimination: formulating opinions about others not based on their individual merits, but rather on their membership in a group with assumed characteristics.

*The Vocational Rehabilitation Act of 1973 Title V, was put in place to correct the problem of discrimination against people with disabilities in the United States. Affirmative action programs were established in Title V, Sections 501, 502, 503, and 504. Individuals who qualify as having a disability have experienced discrimination both because of negative attitudes in regard to their ability to be an effective employee, as well as the physical barriers at work facilities. The Title V of the Vocational Rehabilitation Act requires private employers with federal contracts over $2,500 to take affirmative action to hire individuals with a mental or physical disability. While this means that employers must make reasonable accommodations for disabled employees, it does not mean they must hire.
unqualified individuals. There are additional sections of the Act that provide vocational counseling, training assistance and job placement for individuals with severe disabilities.
https://en.wikipedia.org/wiki/Vocationa ... ct_of_1973

SEE ALSO: ALL MEN (WOMEN) ARE CREATED EQUAL.

This is other information I have been gathering mostly related to pharmacists refusing to fill Sub scripts.
"If a patient is denied a medication upon presentation of a valid/on-time prescription for a controlled substance, that patient may be eligible to file an ADA complaint.

If the patient is disabled, as determined by coverage under Social Security, Medicare, or private disability insurance, that patient is covered under the Americans with Disabilities Act (ADA). Many chronic pain patients meet this criterion."

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PostPosted: Wed Mar 29, 2017 11:05 pm 
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One of the biggest changes to the treatment of addiction as a disability occurred in the 1990's, signed into law by Clinton, eliminating drug addiction or alcoholism as the basis for social security disability claims. Before then, being addicted to heroin alone was sufficient to be supported by SSDI.

I agreed with those changes. But I wish people would file more complaints against the pharmacists and doctors who discriminate against people on buprenorphine.


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PostPosted: Wed Mar 29, 2017 11:17 pm 
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suboxdoc wrote:
One of the biggest changes to the treatment of addiction as a disability occurred in the 1990's, signed into law by Clinton, eliminating drug addiction or alcoholism as the basis for social security disability claims. Before then, being addicted to heroin alone was sufficient to be supported by SSDI.


I agreed with those changes. But I wish people would file more complaints against the pharmacists and doctors who discriminate against people on buprenorphine.


I can see how just being on heroin would be way too easy of a means to get on SSDI! However a documented case with lots of history on a person's addiction, i could see how it could be justified as a disability. I don't necessarily agree with that either.
i'm still considering a complaint regarding the CVS and Rite Aid in the town my clinic is in. Both chain pharmacies refuse to fill these? Obviously there is a need for them as the clinic was opened in their town! I am waiting on a call back from the one.
I plan to write to the pharmacy that does fill mine and give them a good review.

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PostPosted: Thu Mar 30, 2017 12:37 am 
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Hey Sister,

I do completely appreciate your anti discrimination efforts, esp w bup and addiction treatment.

On the ADA complaint angle if the pharmacist screws w the bup script, I've read the pharmacist's blog. that promotes this. Imo, it's not quite right based on other readings on this including a legal point of view. The gist of which is:

Its incorrect to for him to say Medicare is one of 3 sources that can determine disability coverage, as it cannot and does not. Medicare provides federal medical insurance for 65+ yrs old and those less than age 65 who are approved for Social Security Disability Insurance (SSDI) coverage thru the Social Social Security Administration (SSA).

The word " 'MAY' be able to file a complaint" is crucial bc there are so very few that would be qualified to file a complaint.

The 3 entities that determine if an individual is unable to work and is disabled are the SSA, private insurance companies and workers comp insurance companies. SSA has the same set of criteria for all applicants which show no SSDI for addiction bc its considered treatable and reversible. Private insurance criteria clearly depend if its thru an employer provided group plan or if its an individual policy direct w the insurance company. Employer provided disability plans vary w addiction coverage from none up to 2 yrs. Individual plans can allow it as long as the individual policy owner can show they cannot work in their own occupation in spite of adhering to all known addiction medical treatment, and show their addiction is not responsive, which would be rare. Workers Comp does not cover addiction at all.

In other words, the person filing the ADA complaint must not be able to work as determined by one of the entities above and based on the applicable definition of disability which for most, addiction is considered treatable and reversible. So it could only be a very few that fit the criteria to file an ADA complaint.

Chronic pain is far different. All 3 above entities do consider chronic pain as a reason to prevent an individual from working and eligible for consideration of disability benefits. If approved for disability and a pharmacist jerks them around, these folks can file an ADA complaint.

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