Husband is a driver, had a seizure, now what?

[jbaase]

My husband has worked at UPS for over 19 years. He worked part time (by choice) until about 3 years ago, when he decided to go driving full time. In April of 2006 he had what appeared to be a seizure at work. He happend to be at the loading dock of a hospital at the time. After a bunch of testing they found no reason for the seizure, but put him on anit-seizure meds. He was put on short-term disability and told he could drive again after 6 months. In August of 2006 he had a second seizure. His neurologist said no more commercial driving ever and anti-seizure meds for the rest of his life. He filed for an accomadation, hoping to get back to work in the building and even offered to go back to part time. They ruled that the ADA doesn't cover seizures and they didn't have to do anything for him. He then filed for long term disability, which isn't paying a whole heck of a lot. He had to apply for Social Security which was denied. He is capable of working another job, just not commercial driving. He was informed the long term disability will end next April now, they will only pay for 2 years, because he was denied Social security.
So I guess the question is, is he just SOL? They won't let him drive, but they won't let him do anything else. Does he just have to walk away from a 19 year job with nothing? Local teamsters seem to be no help. Why will they let someone that loses a license from dui work in the building but not someone with valid medical excuse? Do we have any other options?

Jamie

[Fnix]

Well if he has a seizure at work or driving to/from work he could get killed or kill someone else as well.

I know what you mean about people with DUI's. I know a few. But they wont all the sudden black out. UPS is scared your husband could get hurt on the job and then they would be sued.

[browned_out]

I'm only guessing, but it maybe that UPS doesn't see this as a job related issue. I agree with you that after 19 years they should be more

accommadating

, but this is UPS and they have been know to throw good people under the truck from time to time.

[sendagain]

We had a driver that had an aneurism which required surgery and anti-seizure meds. He wasn't allowed to go back to driving but they gave him a job working the customer counter.

[hdkappler]

jbse go talk to a lawyer see what they can do.as far as the union even before i retired the union was useless as far as sickness and injuries.

[disneyworld]

I know of a former driver in a similar position who now works nights inside the building.

[traveler]

My husband has worked at UPS for over 19 years. He worked part time (by choice) until about 3 years ago, when he decided to go driving full time. In April of 2006 he had what appeared to be a seizure at work. He happend to be at the loading dock of a hospital at the time. After a bunch of testing they found no reason for the seizure, but put him on anit-seizure meds. He was put on short-term disability and told he could drive again after 6 months. In August of 2006 he had a second seizure. His neurologist said no more commercial driving ever and anti-seizure meds for the rest of his life. He filed for an accomadation, hoping to get back to work in the building and even offered to go back to part time. They ruled that the ADA doesn't cover seizures and they didn't have to do anything for him. He then filed for long term disability, which isn't paying a whole heck of a lot. He had to apply for Social Security which was denied. He is capable of working another job, just not commercial driving. He was informed the long term disability will end next April now, they will only pay for 2 years, because he was denied Social security.
So I guess the question is, is he just SOL? They won't let him drive, but they won't let him do anything else. Does he just have to walk away from a 19 year job with nothing? Local teamsters seem to be no help. Why will they let someone that loses a license from dui work in the building but not someone with valid medical excuse? Do we have any other options?

Jamie

My suggestion is to first tackle the problem of Social Security disability. Get a good attorney who has dealt with this system successfully. It is quite difficult to get Social Security disability but this should not stop you from making every legal attempt to force them to honor this claim. The system is not funded well enough to pay long term disability so they try to deny every claim. A good attorney will cost you but I believe it is a good investment. It's a one time cost up front for a lifetime of benefits. Once this is accomplished you may well want to use the same attorney to work with the company to secure a position that doesn't entail driving.

[hockey717]

there was just a class action lawsuit handed down on july 17 2007 for this reason a federal judge ruled against ups for not accommodating people this case is just getting started you can check out the details by clicking on the links section in the left upper corner of this site, once you get there click on the web page for the national alleigeance brown retirees ,better known as naber on the front page it gives you the decision and the names and numbers of the law firm to contact.hopefully this will help and maybe get your husband back to work.

[hockey717]

sorry the web site for the law suit is now wienand and bagin .com this is one of the law firms handeling the class action the judges decision is posted there plus contact info.

[Johney]

jbse go talk to a lawyer

This is the best and only advice you should be listening to.