How to Get UC Disability Benefits, Work Accommodations, and More

Option 2: RFC

If you don’t meet the Blue Book criteria for any of these conditions, don’t worry. Your doctor will complete a residual functional capacity (RFC) analysis, which means that they will consider how UC affects your daily life. This is an assessment of what activities you can still do without undue pain or stress.

The SSA may talk to you, your doctor, or other people to learn more about these limitations. 

They also will consider your:

• Age
• Work history
• Education level
• Work skills or training

Based on the results of the RFC, the SSA will decide whether you can reasonably hold a job. If not, you will qualify for benefits.

Building an Evidence File

When you apply for benefits, you’ll need to submit documentation of your medical condition. You’ll give the SSA the contact information for all your doctors, hospitals, and treatment facilities. 

You’ll also need to give them access to your medical records. There’s not a single list of what information to include, but a successful application often includes:

• Results of blood tests (including for kidney, liver, and blood count values)
• Treatment records
• Medications
• Colonoscopy results
• Notes from any operations or procedures you’ve had
• Notes your doctor has made during your appointments

Don’t just give the SSA your most recent records; provide some earlier documents as well to show how your UC has remained severe or worsened over time.

Where and How to Apply

In addition to your medical information, you’ll also need to submit:

• Your birth certificate
• Proof of U.S. citizenship or lawful alien status
• U.S. military discharge papers (if you served before 1968)
• W-2 forms or self-employment tax returns for the previous year
• Completed Adult Disability Report (Form SSA-3368-BK)
• Proof of other benefits you have received

You can apply online or schedule an appointment, which can be on the phone or in person, and in English or Spanish. To make an appointment, call 1-800-772-1213 or TTY 1-800-325-0778.

Realistic expectations

You can track the status of your application online or by calling 1-800-772-1213 or TTY 1-800-325-0778.

You can get an estimate of how long your claim will take on the SSA website.

What To Do If Your Case Is Denied

If the SSA denies your case, you can still appeal the decision, or ask them to reconsider. 

You have four chances to appeal. Each has a different procedure. 

1. Ask the SSA to reconsider.
2. Request a hearing with a judge.
3. Request a review with the Appeals Council.
4. File a federal district court action with the U.S. District Court.

To help your case, make sure that your medical records are complete and comprehensive. The stronger your evidence, the more likely they are to approve it. You may want to work with a lawyer who can help you put together a strong application.

State Benefits 

Some states also offer disability benefits, including:

• California
• Florida 
• Georgia
• Indiana 
• Kentucky
• Michigan
• Ohio 
• Pennsylvania
• South Carolina
• Texas

To find out about state-level benefits, start by contacting your state's Department of Administrative Services or Department of Public Safety.

School and College Accommodations for UC

Schools must offer accommodations for students with disabilities, although each school does this differently.

Public schools (including public elementary schools, high schools, colleges, graduate schools, and vocational programs) are required to follow the Individuals With Disability Education Act (IDEA) as well as Section 504 of the Rehabilitation Act of 1973. This means they must offer reasonable accommodations for students with disabilities, either through an individualized education plan (IEP) or 504 plan. Meanwhile, private schools may offer IEPs but not 504 plans.

IEPs and 504 plans are very similar, but there are some differences. “IEPs are much broader,” says Shain Neumeier, a disability rights attorney who specializes in mental health law. IEPs often cover more than just the basic academic accommodations. “Say a student was dealing with bullying because they were autistic. The IEP might have interventions that are targeted to prevent that,” Neumeier says.

Many schools have an office or center for disability resources. You may need to meet with them before the school year or semester. Bring a letter from your doctor documenting your diagnosis and your need for accommodations. Depending on the school, you may need to meet each semester or track your accommodations through an online portal.

Examples of school accommodations for UC

There are many different types of accommodations that schools can offer. Some common ones include:

Priority enrollment. This can be helpful if your symptoms get worse at a certain time of day or you need regular treatments or infusions. It allows you to plan your class schedule around your medical needs.

Note-taking support. If you need to miss class for a doctor’s appointment or due to a flare-up, a schoolmate can take notes for you.

Extended deadlines. This means you get extra time to do your assignments when symptoms flare up.

Extra time on exams. If you need to use the bathroom during a test, the teacher can stop the clock so you don’t lose valuable time.

Adjusted attendance policy. This can help if you need to miss class often due to treatment or flare-ups.

Meal plans. Depending on your dietary needs, you can ask for an adjusted meal plan (for example, gluten-free) or access to a kitchen to cook your own meals.

Workplace Accommodations for UC

The Americans with Disabilities Act requires workplaces with 15 or more employees to offer reasonable accommodations for people with disabilities. A reasonable accommodation is a modification that enables someone with a disability to complete their work. Most are simple, low-cost solutions.

You can request an accommodation at any point during the job application process or your employment. You can ask via email, a written letter, or conversation. Your workplace might have certain policies or guidelines for requesting applications, so it’s important to check in with your Human Resources department.

Make sure that you have medical records (like a doctor’s note) showing that the requested accommodation is necessary. Your employer is allowed to ask for medical information directly related to the accommodation, but all other health information is confidential.

Examples of reasonable and unreasonable accommodations for UC

All accommodations need to be reasonable. This means they cannot cause undue hardship to your employer. For example, accommodations should not be costly or require major changes to the physical environment. They also should reflect necessity, not personal preference. 

Reasonable accommodations for UC include:

• A desk near a bathroom
• A flexible work schedule so that you can go to doctor’s appointments
• Breaks when you feel fatigued
• Telework (when your physical presence is not required in the workplace)

Unreasonable accommodations for UC include:

• Telework (when your physical presence is required in the workplace, such as if you’re a school teacher)

The difference between a reasonable and unreasonable accommodation can vary based on the employer’s ability to provide the requested accommodation. “The resources of a huge company like Walmart or Amazon are going to be different than the resources of a small mom-and-pop store,” says Jinny Kim, an attorney at the Disability Rights Education and Defense Fund.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid leave for medical reasons (such as surgery, hospital stays, doctor appointments). During this time, your job is protected. “The employer is not supposed to terminate somebody while they’re on leave,” explains Kim. 

To qualify for FMLA, you and your employer must meet certain requirements:

• You must have worked at least 12 months (or 1250 hours).
• Your employer must have 50 or more employees within 75 miles.
• Your employer can require you to use up all your paid leave during your FMLA period.

FMLA also covers family members acting as primary caregivers. For example, your spouse can take FMLA leave to care for you while you recover from surgery. 

If you plan to take FMLA leave, make sure to notify your employer as soon as possible, preferably 30 days in advance. You’ll need to complete a medical certification with your doctor’s contact information, information about your diagnosis, the time you plan to take off, and whether you’ll be taking that time off continuously or occasionally.

Short- and Long-Term Disability Insurance

Disability insurance can help provide income if an illness or injury prevents you from working. You can get it through your employer or buy it privately. There are two types of disability insurance: short term and long term. 

Short-term disability insurance provides a portion of your salary. It’s for when an injury or illness prevents you from working for a short period, typically three to six months. You can get these payments during FMLA leave, but they are not the same thing: if you take short-term disability without FMLA leave, your job is unprotected. You have to be out of work for 7–14 days before you become eligible for short-term disability.

Long-term disability insurance also provides a portion of your salary. However, this insurance is for when you’ll be out of work for a longer period. The time period may vary by policy, but you typically must be disabled for 90–180 days before you become eligible for payments.

Where to Get Help

You can get more help from:

• Disability Benefits Help
• Jennifer Jaff CareLine
• AsKJAN

You can also get help from Protection and Advocacy agencies, which are “designed to protect the rights of people with disabilities,” recommends Neumeier. “Every state has one, and they’re funded federally.”