Section Newsletters

Articles on Disability Law

Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Obtaining accommodations for college students with disabilities By Matthew Cohen Child Law, September 2007 Although some children with disabilities may have impairments that are so severe that college is not a realistic option for them, many others have the potential to be highly successful in college and beyond, particularly if provided the appropriate accommodations that they need to function within the college environment.
Who is in charge of determining disability for police officers—Pension boards or witnesses? By Jenette M. Schwemler Local Government Law, September 2007 For more than 15 years, Illinois appellate courts have been struggling with the interpretation of section 3-115 of the Illinois Pension Code regarding the requirement of a pension applicant to submit three certificates of disability to the pension board in order to receive benefits.
A municipality’s dilemma involving injured police officers By Carlos S. Arévalo Local Government Law, April 2007 Whenever an employee is injured on the job, employers and employees are significantly affected.
Seventh Circuit rejects Disabilities Act claim in driver termination for a blood pressure disorder By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2007 On March 21, 2007, the U.S. Court of Appeals for the 7th Circuit in Chicago affirmed a summary judgment from the U.S. District Court for the Eastern District of Wisconsin in Equal Employment Opportunity Commission v. Schneider National, Inc., No. 06-3108.
Changes to impartial due process hearings for children with disabilities By Gail Friedman Child Law, March 2007 Public Law PA 94-1100, amending and changing sections of the School Code pertaining to children with disabilities, was signed into law by Governor Rod Blagojevich on February 2, 2007.
Practice Alert: Special issues in the social security disability case—COBRA & Medicare, aka, Snake Oil Medicine By David R. Bryant General Practice, Solo, and Small Firm, March 2007 The Consolidated Omnibus Budget Amendment Act of 1985 (COBRA) added ERISA Title I, Part 6, requiring that the sponsor of a group health plan make continuation coverage available to employees, spouses, ex-spouses, dependents, and others for periods of 18 to 36 months following an event that might otherwise result in loss of coverage.
The UN Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities By Walter J. Kendall Human and Civil Rights, December 2006 On August 25th the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities of the United Nations adopted a final text by a vote of 102 to 5.
Police and fire pension disability issues: Part II By Richard J. Reimer Local Government Law, May 2006 This is part 2 of a two-part article. Part one was published in the April 2006 issue of this newsletter.
Police and fire pension disability issues: Part I By Richard J. Reimer Local Government Law, April 2006 This is part 1 of a two-part article. Part 2 will be published in the May 2006 issue of this newsletter.
Disability Law: Social Security By David R. Bryant General Practice, Solo, and Small Firm, March 2006 This article provides a basic outline of the process for helping a client obtain disability benefits from Social Security.
When does a disability justify a pension? The aftermath of the Turcol decision By Carlos S. Arévalo Local Government Law, September 2005 On October 6, 2004, the Supreme Court granted appeal of a First District decision in the matter of Turcol v. Pension Board of Trustees of the Matteson Police Pension Fund.
When the testimony is five to one… By Jewel N. Klein Administrative Law, January 2005 A discussion of Coyne v. Milan Police Pension Board.
What is necessary to establish that an individual has a disability? By Shari R. Rhode Federal Civil Practice, May 2004 In Poor v. Bridgestone/Firestone, Inc. (Central District, Case No, 00-2321), the court issued a decision on a motion for summary judgment in a case under the Americans with Disabilities Act that provides an excellent text for anyone practicing or wishing to practice in the area of disability discrimination.
Court refuses to limit jury’s damages award on disabilities claim By Michael R. Lied Labor and Employment Law, February 2003 In Gagliardo v. Connaught Laboratories, Inc., 2002 U.S. App. LEXIS 23953 (3rd Cir. 2002), Gagliardo worked as a customer service representative for Connaught Laboratories, Inc., (CLI).
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson Labor and Employment Law, April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
Use of “pay-back” trusts for the disabled client By James M. Lestikow Business Advice and Financial Planning, November 1999 When planning for a disabled client it is important to recognize techniques that will preserve assets while allowing the client to become or remain eligible for Public Aid assistance and other government benefits such as Social Security disability income

Select a Different Subject