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Leasy617

Junior Member
What is the name of your state (only U.S. law)? Virginia

I work in a sheltered work program, a place that is FOR people with mental and physical disabilities. They also hire hourly people but must maintain 75% clients which are the ones disabled. I filed for disability back in December and have been accommodated until last month, they came to me and asked me to go over my SGA (1010.00 per month). I knew that in doing that it would affect my disability process, but just doing it once probably wouldn't hurt. Now it's at the end of the pay month again and once again they have come to me and asked me to work over SGA, claiming they don't have anyone else to take my place. They have made me feel guilty that if I don't do this for them, that they can't get work pushed through the line. I told them that my lawyer told me NOT to work over the SGA or I will jeopardize getting disability**************and they know that. I even tried to talk to one of my supervisors and she told me to just fight through the stuff I was going through and keep working. Then she proceeded to tell me that if I didn't work over the SGA that they may decide to just let me go.
My anxiety has sky rocketed today and I just don't know what to do anymore. I know what I WANT to do, but I feel like I have no choice.....not really.
Of all places, I would think they would try to work with me, and they did for a few months, but now it's like they have changed their minds.
Do I have ANY legal recourse here? If they fire me, it would be BECAUSE of my disability.

Leasy
 


commentator

Senior Member
I find it hard to believe that in a sheltered workshop situation they would push you to work over your hours or would threaten you with termination, but whatever, do not jeopardize your in process claim for disability. If your sheltered employer wants to fire you, let them do it. In these circumstances, i am not at all sure unemployment benefits are an option, but I am guessing that your workplace supervisor must be having recruitment or contract fulfillment problems. These are not yours to solve.
Show up, work your hours, be firm with them, do not let them keep you from staying within your recommended hours. If they threaten you, smile.
 

cbg

I'm a Northern Girl
If they fire me, it would be BECAUSE of my disability.

Well, not really. If they fire you it will be because you failed to work all the hours you were required. The REASON you failed to work them is not at issue. If other disabled people are working there, you'll have a very hard time claiming disabilty discrimination.
 

OHRoadwarrior

Senior Member
They are free to fire you for refusing to work as scheduled. You have already proved your desire to not earn over $1000 is an attempt to defraud the SSA.
 

commentator

Senior Member
I have seen so many severely disabled people struggle with their pride and their conscience and return to work at some time during the disability filing process, or increase their limited work load to over the limit. just enough to re-set the time on their disability claim, and then discover that the increase pushed them over into a more severe need for the disability insurance. I cannot in good conscience tell anyone to go on and put in the extra hours against the advice of their attorney while they have a disability claim in process. I suspect that this person has probably tried to work at full time employment up to this point.

Sheltered workshops are not really the place where they should be encouraging you to forget your disability claim, just keep working more hours because they need you to. If they're trying to tell you they think you are not disabled enough to be on restricted hours, they need to be more direct about it. Have you talked to a counselor? They should have one available for you at the workplace.
 

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