Under most laws, both type 1 and type 2 diabetes are considered a disability. This ensures that there are rights and protections under the law to prevent those with diabetes from being discriminated against. This can apply in the workplace, at school, in public places, and in interactions with law enforcement.
Diabetes as a Disability
In the United States, diabetes is considered a disability under federal law. This is in acknowledgment of the fact that diabetes limits the function of the endocrine system at a substantial level.
In the United States, relevant federal laws like the Americans with Disabilities Act and the Rehabilitation Act are in place to protect those with disabilities.
In 2008, changes were made to the Americans with Disabilities Act under the Americans with Disabilities Act Amendments Act of 2008. Changes to that act emphasized that diabetes would virtually always be considered a disability under the Americans with Disabilities Act.
Diabetes Rights and Protections
Those living with diabetes deserve fair treatment in:
SchoolThe workplacePublic placesDealings with law enforcement
Rights and protections for people with diabetes are in place to ensure this occurs.
School
Diabetes requires 24/7 management. For children living with diabetes, this includes time spent at:
SchoolChild careField tripsCampOther activities
Under federal law, children have the right to receive diabetes and other care they need in order to participate in school life the same as any other child. Under federal law, schools are required to provide:
A trained staff member who can administer insulin and glucagon and monitor blood sugar levelsA trained staff member or members who can provide care specific to diabetes during all school activities including field trips and extracurricular activitiesPermit capable students to self-manage their diabetes at any time and in any place
Under federal law, schools cannot:
Insist family members attend school to care for the needs of a student with diabetesTransfer students with diabetes to a different school in order to receive appropriate careStop students who have diabetes from attending any school-sponsored activity, including field trips and sports days
State laws can be complicated and can be unclear regarding who should care for a child with diabetes at school. Some states give more protections than others.
Work
Under federal law, those with diabetes have rights and protections in the workplace.
Under the law, workplaces are required under antidiscrimination laws to provide reasonable accommodations.
Regular breaks to check blood sugar levelsA seat if neuropathy is present
Under the Family Medical Leave Act (FMLA), employees who have to miss work due to a serious medical condition, or to care for a family member with a serious medical condition, are protected.
Diabetes is considered a serious medical condition if it requires a visit to the healthcare provider or hospitalization at least twice a year. Those with diabetes who qualify under the FMLA can take up to 12 weeks of unpaid leave. Legally, employers are required to allow this leave.
To qualify for FMLA, a person needs to have worked at the same employer for 12 consecutive months, for at least 1,250 hours. The employer also has to have a minimum of 50 employees within 75 miles of each other.
An employer can require a person to use up accrued leave and count this towards the 12 weeks.
Law Enforcement
Those with diabetes have rights and protections to keep them healthy and safe when dealing with law enforcement or when in jail or prison.
Those in jail or prison have rights to adequate medical care and equal treatment under federal law.
Blood sugar monitoringAccess to insulinAccess to appropriate wound careReferral to specialist
Public Places
Under federal laws, most public places and programs are prevented from discriminating against those with diabetes. People with diabetes cannot be excluded from public places because of diabetes or be denied access to supplies for diabetes.
In public places, people with diabetes may be entitled to:
Bring diabetes care supplies like syringes and insulin through security checkpoints at airports or courthousesBreaks to eat a snack, check blood sugar, take medicines, or go to the toiletAssistance for children with diabetes in camps, daycare, or other recreational programs
Types of Benefits
Those with diabetes can sometimes be eligible for disability benefits, but not in all cases.
Those living with diabetes don’t always qualify for Social Security disability benefits.
Applying for Benefits
To apply for benefits, your healthcare provider can provide reports detailing your limitations and what you can and cannot do.
To qualify for SSI or SSDI, a person must have a disability that prevents them from either:
Working for at least a yearHave a condition that is expected to result in death within twelve months
Disability claims typically go through local Social Security Administration field offices. Applications can typically be given in person, on the phone, online, or by mail.
The Disability Determination Service will collect evidence and decide if the disability definition has been met.
A Word From Verywell
Diabetes can be a complicated condition and is considered a disability under federal law. Rights and protections are in place to ensure those living with diabetes are protected against discrimination and are given the same opportunities as those without diabetes.
You can speak with a Social Security representative by calling 1-800-772-1213 (TTY 1-800-325-0778) between 8:00 am and 7:00 pm., Monday to Friday.
To learn more about government benefits, visit this site.
Rights and protections are mandated under federal law and can apply in schools, the workplace, in public places, and in dealings with law enforcement.
