Legal Question in Business Law in Maryland

Re: Job.

You may be entitled to protection under the ADA--Americans with Disabilities Act. I suggest you schedule an appointment with an attorney who specializes in employment law for a consultation. If you contact one through the lawyer referral service of the county bar association where you live, the consultation fee will be minimal.

Re: Disability Benefit Offset for Social Security

The type of disability plan and its terms will dictate over the issues you raise.

For example, under a welfare plan an offset for social security benefits, even for dependents, is permissible if such provisions

are properly included in the plan.

Looking at Department of Labor, Pension & Welfare Benefit Programs, Opinion Letter 96-16 A, the following is set forth:

Section 3(1) of ERISA defines the term "employee welfare benefit plan" to

include, as relevant here, any plan or program established or maintained by an

employer to provide to its employees benefits in the event of sickness,

accident, or disability . The Department clarified the scope of section 3(1)

in regulations that, among other things, identify certain employer payroll

practices that are not included within this definition. Specifically, as

relevant here, regulation section 29 CFR 2510.3-1(b) (2) describes the following

employer practice as excluded from the meaning of "employee welfare benefit

plan:"

Payment of an employee's normal compensation, out of the employer's general

assets, on account of periods of time during which the employee is physically or

mentally unable to perform his or her duties, or is otherwise absent for medical

reasons (such as pregnancy, a physical examination or psychiatric treatment)...

Thus the fund by which the benefits are paid and the type of plan affect whether it is legal for a long-term

disability benefit to be offset for Social Security disability payments.

Do not rely on information provided to an internet question. The matters confronting you are complex. You should contact a lawyer to discuss your issue.

Re: Undue Hardship, Definition and Importance

You also asked what is an undue hardship. The definition appears at the end of my response. However, before defining "undue hardship", it is important to place context on the term to give meaning to the definition.

The ADA defines discrimination to include "not making reasonable

accommodations to the known physical or mental limitations of an otherwise

qualified individual with a disability who is an applicant or employee, unless

such covered entity can demonstrate that the accommodation would impose an

undue hardship on the operation of the business of such covered entity." 42 U.S.C. @ 12112(b)(5)(A).

In order to establish a prima facie case of failure to accommodate

under the ADA, a plaintiff must prove "(1) that he was an individual who had a

disability within the meaning of the statute; (2) that the [ employer ] had

notice of his disability; (3) that with reasonable accommodation he could

perform the essential functions of the position . . . .; and (4) that the [

employer ] refused to make such accommodations."

An employer need not make a reasonable accommodation that would cause

"an undue hardship. " Den Hartog v. Wasatch Academy, 129 F.3d 1076, 1087

(10th Cir. 1997) (quoting 42 U.S.C. @ 12112(b)(5)(A)). "The employer .

. . bears the burden of persuasion on whether a proposed accommodation would

impose an undue hardship. " Smith v. Ameritech, 129 F.3d 857, 866 (6th

Cir. 1997). " Undue hardship" means "an action requiring significant

difficulty or expense" when considered in light of various factors. 42

U.S.C. @ 12111(10)(A). The factors to be considered in determining whether an

accommodation would cause an employer undue hardship are, among others: the

nature and cost of the accommodation; the number of persons employed by the

company; the financial resources of the company; and the impact of the

accommodation upon the operation of the company. See 42 U.S.C. @ 12111

(10)(B).

The legal matters you face are complex. You should not rely on internet questions. It is strongly advised that you seek the assistance of an attorney.