How can I prove in a case that I am disabled and protected under the ADA?

Question

There is a pending civil case that was filed against a former employer. They have recently responded that I am not a disabled individual and am not covered under the ADA because they claim that my 2 past short term disability leaves were "episodic" and "Plaintiff’s claims fail because plaintiff is not disabled as defined by

the ADA and therefore cannot establish a prima facie case under the ADA" My dr gave testimony indicating that I was suffering from depression, which is a chronic illness. Shouldn't that be enough to prove I am protected under ADA? also they are claiming that my 2 Short term leaves for depression were “temporary, non-chronic impairment of short duration, with little or no long-term or permanent impact.” . How can I challenge their motion for sum. Judgment? PLease help. I can't afford an attorney and need help proving that summary judgment is not suitable. Also what is my motion against their Sum. Jdgment called? thanks!!!!

Answer 1

1. Show you have a history of depression

2. Explain how depression impairs a major life activity.

3. Explain how the employer perceived you as having a disability.

Basic 3 rules there. You should go to a law library for more info., ge the ADA 29 CFR regs.

Answer 2

Without knowing all the facts, can you seek out a law school that may have a program to help you, or legal aid?

That said it sounds like the company has retain lawyers and are now moving for SJ, a very common occurrences when one party is pro-se in real civil court not small claims;  Hard to say if your complaint will survive the SJ,

But you are going to need more documentation from a doctor to prove your case, since you are the plaintiff you will need to prove disability under ada, if you can not even meet that legal hurdle you may loose on a SJ motion

You need third party documentation  

Answer 3

depression is not automatically considered chronic condition/illness.