Legal Question in Disability Law in New York

Re: Job termination due to back injury and spinal disease

I cannot speak to what forms of relief may be available to you under New York state law, because I am not licensed and do not purport to practice in New York. However, the federal Americans with Disabilities Act requires employers to make reasonable accommodation of a person's disability, if that person is otherwise qualified to do his work.

If your husband is not comfortable sitting, then I cannot imagine him being comfortable standing -- as that would put further pressure on the back and spine. It is possible if your husband could otherwise do his job, that he could require the employer not to force him to sit (behind a desk) all day to do his job. However, the burden of proof would be on your husband to explain how he could perform his duties in other than a sitting position.

If your husband is going back for further surgery or treatment, his condition may be worse. It is possible that his physician would be willing to sign a claim concerning his disability. Most employers are not going to allow an employee to recline on a bed or couch to perform his duties.

My advice would be to find a physician who is willing to sign a form that your husband is disabled, and then he would be eligible to apply for social security disability benefits -- even at age 50.

Mike Guth