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Disability Lawyers FAQs
Frequently Asked Questions About Disability Law
Frequently Asked Questions About Disability Law
- Who is eligible for Social Security Disability
Benefits?
- How can I apply or submit a claim for Social Security
disability benefits or SSI?
- Can I work at all and receive Social Security
Disability Benefits?
- What about my family? Are they entitled to social
security disability benefits?
- How do I know whether I am covered by workers'
compensation?
- If an employee is receiving workers' compensation
benefits, but returns to work, does the employee still get to receive workers'
compensation benefits?
- Can an employee recover workers' compensation benefits,
no matter what he or she did, because it is a "no-fault" system?
- Can an employee recover workers' compensation benefits,
even if he or she was not actually at the workplace when
injured?
- Who pays workers' compensation
benefits?
- What is the ADA?
- Why do we need it?
- Who does the ADA cover?
1) Who is eligible for Social Security Disability
Benefits?
If you work long enough at a job which is covered under
the provisions of the Social Security Act, and become disabled, you are probably
eligible for disability benefits.
According to the Social Security Administration, a "Disability" can be physical, or emotional, or some combination of both. In order to win benefits, you must have a disability severe enough to keep you from working in any regular paying job for at least 12 consecutive months.
The test for eligibility is not whether you can go back to a job you've lost. Nor is it whether you've been able to find a job recently. The test is whether you are physically and emotionally CAPABLE of doing a job that is generally available in the every day work place.
Furthermore, to obtain Social Security Disability benefits, you must have a doctor state that you are disabled "by medically acceptable clinical and laboratory findings". Unfortunately, many genuinely disabling conditions are difficult to diagnose by objective testing. In cases like that, it's up to your representative or legal help to present your doctor's reports properly, and to convince the government that you deserve your benefits.
2) How can I apply or submit a claim for Social
Security disability benefits or SSI?
By law, anyone may file for
his or her own Social Security Disability benefits. But statistics clearly show
that claimants who have representation win their benefits much more often than
those who apply on their own.
The government makes the process very difficult. Waiting lines are long. Forms are complicated. Benefits are often denied to people who have legitimate claims. And not just once; frequently twice. Sometimes more often. As a result, many people who apply on their own become discouraged and intimidated. So they simply back off, give up, and go away, even when they are genuinely entitled to their benefits.
3) Can I work at all and receive Social Security
Disability Benefits?
You can work at a much-reduced schedule.
4) What about my family? Are they entitled to social
security disability benefits?
Generally dependent children under 18,
and those who still attend high school are entitled to social security
disability benefits.
5) How do I know whether I am covered by workers'
compensation?
Determining whether or not you are covered by
workers' compensation can sometimes be quite complicated. Generally, however,
there are two main factors that determine your status: first, whether you are an
employee, and second, whether your injury occurred as a result of your
employment. It should be noted that neither of these factors is an absolute
guarantee that you will be covered by workers' compensation. For example,
depending on the state, some employees (for example, agricultural workers) are
not covered by workers' compensation. Also, if you were intoxicated at work or
intentionally injured yourself, you might not be covered by workers'
compensation. When in doubt, you should contact an experienced workers'
compensation attorney, who can advise you of your rights.
6) If an employee is receiving workers' compensation
benefits, but returns to work, does the employee still get to receive workers'
compensation benefits?
The answer to this question is "maybe." If
the return to work enables the employee to receive wages equal to or greater
than he or she was earning prior to the injury, then it is likely benefits will
be stopped. If, however, the employee is still experiencing a wage loss due to
his or her injury, he or she may continue to receive wage loss benefits,
although the benefits will most likely be for a lesser amount.
7) Can an employee recover workers' compensation
benefits, no matter what he or she did, because it is a "no-fault" system?
No. Although most injuries are covered by workers' compensation,
that does not mean that employees have free reign to injure themselves, or act
in any manner in which they choose, and then collect benefits. Generally, if an
employee sustains injures as a result of intoxication or illegal drug use,
benefits may not be payable.
8) Can an employee recover workers' compensation
benefits, even if he or she was not actually at the workplace when injured?
The answer to this question will depend on the laws in your
particular state, and the facts of the specific case. Generally speaking, if the
injury "arises out of" and occurs "within the scope of employment," it is
covered. For example, if an employee is a traveling salesperson and is injured
in the hotel where he or she is staying for business purposes, compensation may
be appropriately paid.
Similarly, if an employee is running an errand that takes him or her outside of the workplace, at the request of the employer, compensation benefits may be payable if an injury occurs in the course of running that errand. If the employee is on a business errand, but has stopped or deviated from that errand for personal reasons, then a closer examination of the rules and facts is necessary.
Finally, employees injured while attending an employer-sponsored recreational event, like a company picnic or outing, may be able to receive workers' compensation benefits even though they were not physically on the employer's premises at the time of the injury.
9) Who pays workers' compensation benefits?
In most states, employers are required to purchase insurance for their
employees from a workers' compensation insurance carrier. In some states, larger
employers who are clearly solvent are allowed to self-insure, or act as their
own insurance companies. When a worker is injured, his or her claim is filed
with the workers' compensation carrier, or the self-insuring employer, who pays
medical and disability benefits according to a state-approved formula. It is
noteworthy that some smaller companies (with fewer than three or four employees)
are not required to carry workers' compensation insurance at all.
10) What is the ADA?
The ADA is a federal
civil rights law for people with disabilities, comparable to civil rights law
passed in the 1960s for other minorities. It covers employment, state and local
government services, public accommodations, and telecommunications for the
deaf.
11) Why do we need it?
43 million
Americans have physical or mental disabilities. Too often they are excluded from
the mainstream of American life by attitudes and inaccessible environments. 67
percent of all people with disabilities are unemployed, even among college
graduates. The ADA benefits all of us. Each of us has a 20 percent chance of
becoming a person with a disability and a 50 percent chance of having a family
member with a disability.
12) Who does the ADA cover?
All people
with disabilities, visible and hidden, including:
· a person with a physical
or mental impairment that substantially limits one or more major life functions
(eating, breathing, caring for oneself, working, walking, etc.), OR
· a
person with a record of such an impairment (even if that record is inaccurate),
OR
· a person who is regarded as having such an impairment.
Some people are explicitly excluded from coverage, including: · current users
of illegal drugs (but those with a history of drug or alcohol abuse are covered,
and an employer may continue to conduct drug tests on employees for illegal
drugs.)
· those with "sexual behavior disorders" such as transvestitism or
transsexualism, AND
· those who have the conditions of compulsive gambling,
kleptomania, or pyromania.