While some allergies are considered to be disabilities under the Americans with Disabilities Act, allergies are unlikely to be sufficient on their own to qualify for Social Security disability benefits.
This blog post delves into both disability rights under the Americans with Disabilities Act (ADA) and Social Security disability benefits in relation to allergies.
Table of Contents
What are Allergies?
An allergy is when the body’s immune system produces an abnormal response to an exposure to an allergen. Common allergies include peanuts, eggs, milk, shellfish, pet dander, latex, dust mites, pollen, and mold.
People can have all sorts of allergies, including food allergies, skin allergies, and respiratory allergies. People can also have anaphylaxis, or a life-threatening allergy.
Whether an allergy amounts to a disability under the ADA depends on whether it substantially limits one or more major life activities.
The Americans With Disabilities Act:
The ADA prohibits discrimination on the basis of disability, but it does not list all of the conditions it covers. This is because new conditions are being discovered all the time.
Instead, the ADA defines a person with a disability as someone who:
- Has a physical or mental impairment that substantially limits one or more “major life activities”;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
As such, if your allergy is so severe that it impacts a major life activity, it is considered a disability under the ADA.
Recent Changes to the ADA:
In the past, the ADA only applied if your condition was always present. Because allergies only affect you some of the time, the ADA used to not apply. Additionally, in the past, the ADA did not apply to conditions that could be improved with the use of a medical aid or device, such as an inhaler.
This is no longer the case. As of 2008, the ADA guidelines now accept conditions that only have symptoms some of the time, or where symptoms can be managed with a medical device or medication.
Are Allergies a Disability under the ADA?
Life-threatening or severe allergies may be considered a disability under the ADA. Allergies can affect major life activities, like your ability to eat, breathe, or go to work or school. These activities may be at risk for those with severe or life-threatening allergies.
As such, those with severe respiratory or food allergies may qualify for protections under the ADA.
ADA Protections:
The ADA prohibits discrimination in agencies, programs, and services that receive federal funding, including:
- Employment
- Education
- State and local government services
- Transportation
- Public accommodations
- Hotels
- Restaurants
- Stores
- Doctor’s offices
- Museums
- Daycares
- Commercial buildings
- Office buildings
- Factories
- Warehouses
Under the ADA, a business or service cannot discriminate against you based on your allergy. This includes your job or your school. That means that these places must be accessible and usable by people with disabilities. For example, your work or school are required to provide you with an allergy-free space to eat in.
Common Allergens in the Workplace:
Some of the most common allergens present in the workplace include:
- rubber gloves
- face masks
- mold
- smoke
- medical products
- cleaning products
- latex
Reasonable Accommodations for Allergies:
Workplaces are required to provide you with accommodations up to an undue hardship. Some questions you and your employer should consider are:
- What is the specific allergen?
- When is the allergy triggered?
- What limitations are you experiencing?
- How does it affect you and your work?
- What specific job tasks are difficult or impossible?
- What accommodations are needed?
- Is any additional training required?
A reasonable accommodation for allergies that can be asked for in a work environment would include:
- Removing the allergen
- Enforcing a scent-free policy
- A meal plan that includes non-allergen foods (for severe food allergies, like a peanut allergy)
- Moving you to a private office
- Allowing you to work from home
- Allowing you to work in an environment that is safe for a service animal
- Improving ventilation for those with difficulty breathing
Can I Get Social Security Disability Benefits for an Allergy?
There is some financial assistance available to those with disabilities. In the United States, disability benefits are provided by the Social Security Administration (SSA). To be eligible for disability benefits through the SSA, you must meet both medical and technical (financial and legal) requirements. If you meet both requirements, you may be eligible for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) disability benefits.
Medical Requirements:
The SSA maintains the Blue Book, a list of impairments that are severe enough to qualify for disability benefits. These disability benefits are meant for those who cannot work due to their condition.
There are two ways of qualifying for Social Security disability benefits, either by:
- Meeting the requirements of a condition in the list of impairments; or
- Proving your condition prevents you from being able to work safely.
1. List of Impairments:
Meeting the listing means that your medical records match what the Social Security Administration considers proof of a severe enough level of a recognized impairment. Such impairments are listed in the Blue Book, and they detail what is needed to prove disability with that specific medical condition.
The listed impairments are ones that the SSA automatically considers serious enough to potentially keep someone from working, regardless of whether you actually could work or not.
Allergies are not included in the Blue Book. You cannot qualify for Social Security Disability (SSD) benefits based solely on allergies. However, they may be able to be part of your disability claim.
2. Inability to Work:
For the most part, allergies are unlikely to be considered part of your disability claim. This is because it is rare that allergies, on their own, would prevent you from working.
Relatively minor allergies, such as seasonal allergies, are likely not severe enough to stop you from working. Similarly, severe or life-threatening food allergies are also often not considered a basis for disability, as they can be avoided relatively easily, allowing you to continue working.
Environmental allergens, on the other hand, could be considered part of your disability claim. For example, those with severe environmental allergies that are common in the outside environment, including workplaces, could cause such severe secondary health problems that prevent you from working.
Residual Functional Capacity Analysis:
To qualify for benefits under this category, called a “medical vocational allowance”, the SSA performs a residual functional capacity (RFC) analysis. This analysis must show that there is no job that you can do that is safe for you to perform. As part of the residual functional capacity analysis, the SSA looks at your:
- Education and training
- Job experience and acquired skills
- Medical records
If your RFC shows that you cannot work in any job that you are qualified for, or must work in a “highly restrictive environment” due to your medical condition, you will be found eligible for SSD under a medical vocational allowance.
What Should My Medical Records Show?
Your medical records need to show your personal history with allergies and your ability to function outside of a highly protected environment. You need to prove how much your allergies affect your life and you ability to work.
Your medical records should include:
- Your history of exposure to the allergen
- Any variations in symptoms by season
- Stress factors that worsen your symptoms
- Any family history of similar allergies
- Your inability to function outside of a protected environment
Technical Requirements:
In addition to evaluating your medical eligibility, the SSA evaluates what it calls “technical requirements”. The technical requirements refer to the financial and legal requirements for disability benefits.
It is possible to work a bit and still qualify for disability benefits. However, if you earn too much money from paid employment, you will not be eligible for benefits. Additionally, there are residency requirements to be eligible for Social Security disability benefits.
There are two Social Security disability programs – SSDI and SSI – and each one has its own non-medical requirements.
The two Social Security disability programs are:
- Social Security Disability Insurance (SSDI): SSDI is for workers who have paid into the Social Security retirement system for several years.
- Social Security Insurance (SSI): SSI is for low-income people who do not qualify for SSDI.
Social Security Disability Insurance (SSDI) Non-Medical Requirements:
The non-medical requirements for SSDI focus on three things:
- Whether you’ve worked and paid FICA taxes for the required number of quarters
- How much you currently earn, and
- Your citizenship or immigration status (and if you live outside the United States, where you live)
Work Credits:
To be eligible for SSDI benefits, you must have paid Social Security taxes for long enough and recently enough. The SSA converts your earnings into ‘work credits’, and assesses them through a “recent work test” and “duration of work test”. This means that you must have earned a certain amount of work credits within a specific amount of recent years.
You can earn a maximum of 4 work credits per year. In 2024, you will earn 1 credit for every $1,730 you earn. As such, you must earn $6,920 to earn the maximum 4 credits.
The number of credits you require to be eligible are based on your age. The SSA website provides a table of estimates, showing:
If You Develop a Disability at: | Number of Credits Required: | Number of Years of Work: |
Before 28 | 6 | 1.5 |
30 | 8 | 2 |
40 | 18 | 4.5 |
50 | 28 | 7 |
60 | 38 | 9.5 |
62+ | 40 | 10 |
If you haven’t earned enough work credits to qualify for SSDI benefits, you may be eligible for the SSI benefits instead.
Supplemental Security Income (SSI) Non-Medical Requirements:
The Supplement Security Income (SSI) program has no work requirement. Instead, to qualify, you will have to show financial need by proving you have a very low income and few assets.
The amount of income you can have partially depends on what types of income you have. Some types of earned income doesn’t count.
If your income is from wages only, you must earn less than $1,971 per month. If your income is not from wages, your monthly maximum income is $963.
Some examples of income that does and doesn’t count are:
Income that DOES NOT Count: | Income that DOES Count (could put you above the maximum allowed): |
The value of SNAP benefits | Earned income: wages, earnings from self-employment, etc. |
Income tax refunds | Unearned income: Social Security benefits, pensions, unemployment benefits, cash from friends and family |
Loans you have to repay | In-kind income: food and/or shelter that you get for free or less than fair market value |
Deemed income: part of the income of your spouse that you live with, etc. |
SSI Benefits:
The maximum monthly SSI benefit amount for one person is $943. Couples may qualify for a maximum of $1,415. The SSI income website explains how the SSI benefit is calculated and has more on the SSI benefit amount.
Additionally, to be eligible, you can only have up to $2,000 in resources. Couples can have up to $3,000. Some examples of assets that do and do not count are:
Assets that DO NOT Count: | Assets that DO Count (could put you above the maximum allowed): |
The home you live in and the land it is on | Cash and bank accounts |
One vehicle | Stocks, mutual funds, and U.S. savings bonds |
Household goods and personal effects | Anything that could be sold for cash and used for food or shelter |
You can use this online tool by the SSA to help determine whether you are eligible. The tool establishes a “protective filing date” which is used to help determine when your payments begin if your application is approved. It is sometimes possible to receive retroactive payments back to this date.
Further Resources:
The National Disability Rights Network:
The National Disability Rights Network (NDRN) is the largest provider of legal advocacy services to people with disabilities in the United States. They provide assistance to those with disabilities experiencing abuse, neglect or discrimination, are experiencing a legal problem, or are having difficulty obtaining disability services.
U.S. Department of Justice:
The Justice Department has an ADA hotline that you can call to ask questions, order free materials, or file a complaint. The ADA Hotline number is 800-514-0301 (voice) or 800-514-0383 (TTY).