Lawyers in Louisiana and Illinois have sued the state of Illinois for alleged “deceptive” disability claims.
The lawsuit, filed in the US District Court for the Northern District of Louisiana on Friday, alleges that the state has a “policy of not requiring a disability claimant to submit to medical testing”.
The suit was filed by Disability Rights Advocates of Louisiana and Michigan.
The state of Louisiana also denied the suit.
In response, the state’s attorney general’s office has asked a judge to throw out the lawsuit.
The suit alleges that, under Louisiana’s “de facto” disability laws, a disability-related claim can be filed with no medical testing unless it is supported by evidence of an actual or potential physical or mental impairment.
It alleges that under Louisiana law, “a disability claim cannot be filed without medical testing if the claim involves a physical or intellectual impairment that substantially limits a person’s ability to work”.
The lawsuit says that under a “deeming standard” for disability claims, a claimant must submit to a medical test to prove that he or she has a disability.
It also says that, in the state, disability claims cannot be brought if the disability-based claims are based on an “impaired capacity”.
The Louisiana lawsuit alleges that “deemed impairment” is not a disability, which means a claimant is not required to have a disability if the claimant is unable to work.
The state’s disability law does not define “impeded capacity”, but it says that a person who is unable “to perform, perform, or exercise a substantial part of a substantial function of his or her physical or psychological faculties is not considered to be impaired in his or the claimant’s capacity to perform, exercise, or perform a substantial portion of a significant function”.
This is what disability rights advocates say is a de facto disability law.
The plaintiffs’ attorneys in the case say that the disability laws do not require claimants to submit medical testing.
“There is no evidence that the Louisiana disability laws or the disability claims process are designed to accommodate a disability,” the attorneys wrote in their lawsuit.
The Louisiana law does allow claimants to file disability claims with a “reasonable doctor’s opinion” that they have a “medical condition that substantially restricts their ability to function”.
The attorneys said that under the Louisiana law it was “not necessary” to have the disability claim supported by “evidence of an impairment” to qualify.
However, the attorneys argued that Louisiana’s disability claims system is not designed to process disability claims in a “dynamic manner” that would allow claimants with an impairment to have their claims processed in a timely manner.
“The disability claims are not processed in an orderly fashion.
The Louisiana disability claims procedures are designed solely to permit claimants to apply for disability benefits and to expedite their appeals,” the lawsuit said.
It said that “in a dynamic, dynamic environment” such as this, “it is essential to be able to present the evidence of impairment and of a disability to the physician in order to establish that the claimant meets the criteria for a disability claim”.
It is not clear if the suit is related to a separate suit filed in Florida in October.
In February, the Florida Supreme Court rejected a similar disability-rights lawsuit.