Month: August 2018

What Does Your Social Security Disability Attorney Need to KnowWhat Does Your Social Security Disability Attorney Need to Know

Sometimes people need the assistance of a social security disability attorney to help them with the claim that they need to file. Because this is a federal government program that has been designed to support citizens who can no longer work due to a disability, people can take advantage of these finances when they need it most. However, before an individual can secure the funds from this kind of program, there is a process that they will need to adhere to, and it is managed by the social security administration.

Even though the benefits are available to citizens when needed, there is process of approval that people will need to follow very closely prior to being granted the finances for their specific situation. Also, due to the complexity of this program, its not uncommon for an individual to seek out the assistance of a SS disability attorney in the initial stages of the process. Therefore, before an individual meets with this kind of attorney, there is some information that they will need to gather so that it can presented for their review.

What items should the individual disclose to their SSD attorney

Previous Work History Information

In order for an individual to obtain help from the social security disability program, they will need to meet specific requirements. One common requirement that people must meet is a certain amount of work credits in order to qualify. Therefore, the person who files the claim must have this kind of information available to present and review with the attorney in the first initial meetings. It is also important to note that the injury that the person has sustained or the illness that they have been diagnosed with must be serious enough to remain off the job for an extended period of time. The list of illnesses and injuries are currently maintained by the social security admininstration so people can review the social security administration site to see how the injury or illness applies.

Medical documentation

If the condition that the person has is on the list, they will need to make sure that they have the appropriate amount of documentation from their physician. The medical documentation should contain the date that the person is expected to be out of work. Specifically, if the illness, disease or injury is expected to last one year or more. In some cases, the social security administration is normally looking for a condition that is serious enough to pay the person while they are off work recovering or until the person’s demise. Regardless to the circumstances, this information should be supplied to the SSD attorney if they want the attorney to win their case in court or settle it on the outside.

The Basics of Understanding Disability LawThe Basics of Understanding Disability Law

The Americans with Disabilities Act of 1990, as well as the many laws associated with it, was signed as a way to provide protection to individuals who were constantly the victims of discrimination. This act, as well as the laws under it, put a stop to this problem. While it places focus on every aspect of the disabled person’s life, specific emphasis was placed on employees with disabilities and their mistreatment in the workplace. Law offices like, for example, are well versed in these laws and can answer any questions businesses have regarding these matters.

How Can Businesses Can Be Proactive?

Business owners and managers must be aware of disability laws to make sure they are being followed and adhered to within their workplace. Educational institutions, government institutes, and private business are all bound by these laws no matter how many people are employed. However, the rest of the businesses must have at least fifteen people or more on their payroll in order to be bound by these laws. Businesses must make some accommodations to help the employee perform their job duties, but it should not put undue stress on how the day-to-day operations run. For example, the business should not experience any unnecessary hardships as a result of this new hire.

What Are the Basics of the Law?

The basics of the law state that, if a disabled person is qualified to perform the tasks associated with the job, the business does not have the right not to hire them for that specific position. Doing so is a form of discrimination under The Americans with Disabilities Act. Furthermore, if this person must not be hindered from performing the duties associated with the position they were hired for based upon the fact that they are disabled. This is another form of discrimination that is not tolerated under the 1990 act. If termination occurs based upon their disability, then the business is also discriminating against this person.

Provisions Does Not Mean Special Treatment

The Americans with Disabilities Act of 1990 does not mean the employee requires special treatment or does not fall victim to standard company downsizing. For example, if the employee is not performing up to par or meeting expectations alongside other employees who are not performing well on evaluations, they must be held accountable in the same way. As with company downsizing, businesses are not expected to keep a person on the payroll just because they are disabled. If the company is required to cut an entire department and some of those people on the payroll are disabled, then that is what must occur. For those businesses that are truly concerned about these matters, they should get in touch with law firms like with their questions.