Psychiatric Disability Lecture

Question 1

All of the following are tests of functional limitations except:

a. Understand, apply, or remember information
b. Concentration, persist or maintain pace.
c. Interact with others.
d. Community volunteering.
e. Adapt or manage oneself.

Answer 1

d. Community volunteering.

Question 2

Which of the following is “based on needs determination period.”

a. SSI.
b. SSDI.
c. Both.
d. Neither.

Answer 2

a. SSI.

Question 3

Which of the following is “administered by the Social Security Administration”

a. SSI.
b. SSDI.
c. Both.
d. Neither.

Answer 3

c. Both.

Question 4

Which of the following is “History of contributions via FICA.”

a. SSI.
b. SSDI.
c. Both.
d. Neither.

Answer 4

b. SSDI.

Question 5

Which of the following is “work related injury.”

a. SSI.
b. SSDI.
c. Both.
d. Neither.

Answer 5

d. Neither.

Question 6

Which of the following answers is correct in regard to 2017 updates to the SSA’s definition of mental disorders?

a. The SSA added substance use disorders based on the DSM 5 criteria
b. the SSA specified 9 diagnostic categories for adults
c. The SA specified 12 diagnostic categories for children
d. the SSA excluded personality disorders as qualifying for a mental disorder for Social Security

Answer 6

c. The SA specified 12 diagnostic categories for children

Question 6

Which of the following is “minimum income.”

a. SSI.
b. SSDI.
c. Both.
d. Neither.

Answer 6

a. SSI.

Question 7

Which of the following disorders is not qualified as a qualifying disorder under Social Security?

a. Personality disorders
b. intellectual disability
c. autism spectrum disorder
d. substance addiction disorders
e. sleep disorders

Answer 7

e. sleep disorders

Question 8

Which of the following answers is incorrect regarding SA criteria?

a. Paragraph A includes impairment related functional limitations
b. paragraph B includes impairment related functional limitations
c. paragraph C uses objective medical evidence from an acceptable medical source to establish that the person has a medically determinable mental disorder
d. paragraph D examines the anticipated length of time to achieve recovery

Answer 8

a. Paragraph A includes impairment related functional limitations

Question 9

The case of the school board versus Arline has had a significant influence on cases involving:

a. school safety
b. Airline safety
c. HIV
d. The hiring of teachers
e. Membership on school boards

Answer 9

c. HIV

Question 10

Which of the following is not a test of functional limitations under Social Security?

a. Concentration, persist or maintain pace
b. Adapt or manage oneself.
c. Interaction with others.
d. Ability to gain employment.
e. Understanding, remembering or applying information.

Answer 10

d. Ability to gain employment.

Question 11

In Bragdon v. Abbott, the “life activity” that defined the plaintiff’s disability was:

a. depression.
b. Dental carries.
c. Childbearing.
d. Agoraphobia.
e. Acquired immune deficiency syndrome.

Answer 11

c. Childbearing.

Question 12

In Bragdon v. Abbott, the Supreme Court held that

a. Dentists may not refuse to work on HIV Positive patients.
b. As a matter of law, dentists must work on HIV-positive patients.
c. HIV positivity is a disability only if symptomatic.
d. Asymptomatic HIV infection is a disability under the ADA.
e. Miss Abbott did not qualify for disability.

Answer 12

d. Asymptomatic HIV infection is a disability under the ADA.

Question 13

In essence, Olmstead v. L.C. addresses:

a. mental retardation.
b. Mental illness.
c. Right to treatment.
d. Need for treatment
e. Community Placement.

Answer 13

e. Community Placement.

Question 14

Which is correct regarding reasonable accommodations under the ADA?

a. Reasonable accommodations must be retrospective to the time of hiring.
b. Reasonable accommodations are prospective from when the employer learned of the accommodation request.
c. An employer must excuse prior conduct problems if the person subsequently notifies the employer that they have an ADA disability.
d. An employee with a qualifying disability cannot be subject to administrative discipline in the workplace.

Answer 14

b. Reasonable accommodations are prospective from when the employer learned of the accommodation request.

Question 15

The Yeskey case is unusual among disability cases in that the plaintiff was:

a. a prisoner.
b. A mentally disordered person.
c. A mentally retarded person.
d. A litigious person.
e. None of the above.

Answer 15

a. a prisoner.

Question 16

The Supreme Court’s holding in Pennsylvania v. Yeskey established that:

a. Hypertension requires accommodation for boot camp enrollment.
b. Hypertension precludes boot camp enrollment.
c. The ADA applies to prison inmates.
d. Yeskey was accommodated.
e. Yeskey should not have been accommodated.

Answer 16

c. The ADA applies to prison inmates.

Question 17

Which disorder below is excluded as a qualifying diagnosis under the ADA?

a. Personality disorder.
b. Alcohol dependence.
c. OCD.
d. PTSD.

Answer 17

c. OCD.

Question 18

What percentage of persons evaluated for disability are malingering?

a. 1%.
b. 5%.
c. 10%
d. 30%.

Answer 18

d. 30%.

Question 19

Which of the following is not correct regarding the ADAAA?

a. The ADAAA effectively overturned the holding by the Toyota court.
b. The ADAAA effectively overturned the holding by the Sutton Court.
c. The ADAAA Goal was to limit the persons who would be eligible to qualify as “Disabled” under the ADA
d. The ADAAA Included “work” as a major life activity.
e. The ADAAA Noted that an impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active.

Answer 19

c. The ADAAA Goal was to limit the persons who would be eligible to qualify as “Disabled” under the ADA

Question 20

What is “a significant deviation, loss, or loss of use of any body structure or body function?”

Answer 20

AMA impairment

Question 21

What are activity limitations and/or participation restrictions?

Answer 21

AMA disability.

Question 22

What is the status where the person is as “good as he/she gets” from available treatment?

Answer 22

Maximum medical improvement.

Question 23

What are the three mental disorders that qualify for disability under the AMA?

Answer 23

Mood disorders
Anxiety Disorders
Psychotic disorder

Question 24

What is the maximum impairment you can get for psychiatric impairment?

Answer 24

Limited to 50%

Question 25

What government program pays workers who have become disabled?

Answer 25

Social Security Disability Insurance (SSDI) Had to have worked to get the money Cannot engage in any substantial gainful activity, must last > 12 months. Must have more evidence than self-report

Question 26

What is a social welfare program designed to provide income support for people who have become disabled, regardless of whether they have ever worked?

Answer 26

Social Security Income (SSI) Means-tested, employment history not required.

Question 27

If someone has a drug or alcohol disorder, does that qualify for Social Security?

Answer 27

NO! Permanent impairments as a result of drug and alcohol use are covered.

Question 28

What are the tenets of Paragraph A for Social Security?

Answer 28

Objective medical evidence Must be from an Acceptable medical cause.

Question 29

What are the contents of paragraph B for Social Security?

Answer 29

Limitations on Behavior - understand, remember, apply information; interact with others; adapt or manage oneself

Question 30

What are the contents of paragraph C for Social Security?

Answer 30

Chronicity. Must be "serious and persistent" and last 2 years.

Question 31

Which legislation prevented discrimination against disabled people in the workplace?

Answer 31

Rehabilitation Act of 1973.

Question 32

What is the definition of a handicapped individual under the Rehabilitation Act of 1973?

Answer 32

Has a physical or mental impairment which substantially limits one or more major life activities; or, has a record of such impairment; or, is regarded as having such an impairment

Question 33

What was the finding of the School Board of Nassau County, Florida v. Arline (USSC 1987)?

Answer 33

Is a contagious disease a "physical impairment," thereby qualifying her for protection under the Rehabilitation Act of 1973? Yes, she was protected.

Question 34

What was the precursor and the implications of the Americans with Disabilities Act of 1990?

Answer 34

The Rehabilitation Act of 1973 Prohibits discrimination against persons with disabilities

Question 35

What are the two exceptions to ADA accommodations?

Answer 35

1. Undue Hardship 2. The person presents a "direct threat"

Question 36

What disorders are excluded from the Equal Employment Opportunity Commission (EEOC)?

Answer 36

Compulsive gambling, kleptomania, pyromania Pedophilia, exhibitionism, voyeurism Tranvestitism, Transexualism Gender Identity Disorder

Question 37

Does Gender Dysphoria qualify under the ADA?

Answer 37

Yes, per a 4th circuit decision

Question 38

Do personality disorders qualify under the ADA?

Answer 38

Yes

Question 39

Does alcohol use disorder qualify under the ADA?

Answer 39

Yes, as long as they are not currently using or a threat in the workplace

Question 40

Does a "corrected disability disorder" qualify under the ADA?

Answer 40

Yes, for example, treated depression counts

Question 41

What did the Americans with Disabilities Act Amendments Act of 2008 clarify?

Answer 41

That corrected disabilities count, and that disabilities should be considered in their "unmitigated" state. The only exception to the "unmitigated state" is corrective lenses.

Question 42

What is the definition of "Major Life Activities?"

Answer 42

basic activities that the average person in the general population can perform with little or no difficulty

Question 43

What was the issue and holding in Bragdon v. Abbot (1998)?

Answer 43

Is HIV a disability covered by the ADA? Yes, HIV limits the major life activity of reproduction.

Question 44

Is working a "major life activity?"

Answer 44

Yes

Question 45

Does the ADA apply to conduct problems from a disability?

Answer 45

They may discipline an individual for violating a workplace conduct standard if the standard is job-related and consistent with business necessity. However, an employer can keep a workplace violence-free and discipline for stealing or destroying property.

Question 46

What were the issues and holdings of Olmstead v. L.C.?

Answer 46

Does Title II of the ADA require placement of persons with mental disabilities in community settings rather than institutions? Placement is in order when it is clinically appropriate, accepted by the patient, and can be accommodated, taking into account the state's resources. Intellectually disabled women at the Georgia Regional are waiting for placement after prolonged stability.