Lawyers Blog Health,Legal The Basics of Understanding Disability Law

The Basics of Understanding Disability Law

August 22, 2018August 22, 2018 | David J. HernandezDavid J. Hernandez | 0 Comment | 3:02 pm
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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 www.parmelelawfirm.com, 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 www.parmelelawfirm.com with their questions.

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Should I Consult With a Lawyer?Should I Consult With a Lawyer?

March 20, 2019March 20, 2019| David J. HernandezDavid J. Hernandez| 0 Comment| 2:55 pm

You know you qualify for social security disability benefits. For instance, you worked in jobs that paid into the social security system. You also have a medical condition that meets the social security administration’s (SSA) of a disability. However, you still need to consult with a disability lawyer before applying. For example, a lawyer will evaluate your claim, medical records and request medical tests that will further help your case.

Even though you know you’ll qualify for disability, there are some cases where you will be denied. There could be reasons why you are denied such as:

  • You made too much money. The SSA considers a “substantial gainful activity”, or SGA, which means that your income is too high to be disabled. In 2014, the SGA limit for people who aren’t blind was $1,070.
  • Your medical condition won’t last long. You must have severe impairment that lasts at least 12 months.
  • You didn’t follow physical therapy as required unless there is an acceptable medical excuse. If you don’t follow your physical therapist’s orders, it could stop you from receiving disability.
  • The SSA can find you in the system. The Disability Determination Service, or DDS, determines your medical eligibility. If either agency can’t locate you to schedule an examination, you will be denied.
  • You committed fraud by trying to obtain disability benefits.
  • Your disability is caused by a drug or alcohol addiction.
  • You committed a crime that prevents you from collecting social security disability.

So, now you are thinking about reapplying to overturn your denial. You can do this by yourself, but due to various terminology, rules and deadlines, you will need a lawyer. For example, a disability lawyer will know the type of evidence needed to support your claim. In addition, he or she will advise you of the relevant laws and how to proceed with your claim.

You have worked and put money into the system. You are disabled and need that money back to support yourself and your family. You shouldn’t go through the process alone. Instead, you should consult a disability lawyer.

It often takes a couple of attempts before a denial is overturned and you receive your benefits. However, with the help of a disability lawyer, you have a legal warrior on your side to help you. If you are in the Kansas, Missouri or Illinois and need help with any social security disability questions, concerns or assistance.

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Information About Bankruptcy LawInformation About Bankruptcy Law

December 12, 2018December 12, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 3:01 pm

The legal topic of bankruptcy can make people feel uneasy. It is important for prospective bankruptcy filers to have the facts straight before they move forward with their case. Bankruptcy is when a person requests the assistance of the court to erase consumer debts. Consumers often get behind on their bills due to lack of unemployment, a financial loss or a divorce.

The Law Offices of John N. Kitta can help people who find themselves in a difficult financial situation. People often become confused by what is going on so they hesitate to file the paperwork. A bankruptcy will hurt a person’s financial standing. This is because all of the outstanding debt that is owed will be legally wiped away but the creditors will not charge off the amounts.

This means that a negative item for each creditor including the bankruptcy will be included on the filer’s credit report for a time period of one decade. This can make it hard to get credit lines. It is important for people to speak with a bankruptcy attorney before completing the required bankruptcy documents.

The filing that has to be prepared takes time to complete. A person will need to fill in documents regarding the amount of debt that they are asking to be discharged. People should keep in mind that it is very rare for secured debt such as federal student loans to be discharged through bankruptcy. This is mainly due to the fact that the government backs the loans so they want to guarantee that they will receive all of their money back.

Each creditor’s name must be listed along with the account number, address and amount of debt that is owed. The amounts should be current so it can be beneficial to contact each one directly to receive an updated balance amount.

Once a person has completed this, they can then move on to declare the assets that they have. The government can seize an individual’s personal assets and liquidate them to raise funds to pay off creditors. This is where having legal help from The Law Offices of John N. Kitta can come in handy.

When people have legal help, they can have a bankruptcy filing that is in proper order. All of the paperwork has to satisfy the court’s criteria or else the matter will not be discharged and people will have to pay back the debt that is owed in full.

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Questions To Ask a Personal Injury AttorneyQuestions To Ask a Personal Injury Attorney

March 20, 2018March 20, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 3:03 pm

So you find yourself in a car accident and have sustained serious injuries that will require extensive medical care. Instead of stressing about how you are going to pay for all of the new expenses, think about hiring a personal injury attorney. If you are around the San Antonio area perhaps considering contacting the Law Offices of Jan Perry Lederer for some great advice. She is experienced in helping individuals suffering from injuries including physical, emotional, or mental and getting you the compensation and relief you are entitled to. When meeting with an attorney there are some key questions you’ll want to ask.

First, it is important to ask about the attorney’s educational background. You’ll want to know whether or not they have a solid education and if they know their stuff or not. Second, along the same lines you should ask if they have taken any continuing education classes recently. Lawyers are required to take a certain number of hours of continuing education in their field each year to stay current. Third, it is important to ask how long they have been in practice. You’ll want someone seasoned to work with because they’ll know the ins and outs very well. Fourth, you can ask how many claims they have settled outside of court. This obviously is the goal, as going to court can take months or even years. You want to know you have a good negotiator on your side.

Fifth, you’ll want to make sure that the attorney you choose to work with typically works with the individual who is injured and not the insurance company. This is important because you want to make sure that your attorney is completely committed to you. Sixth, you’ll want to ask who also works with this attorney. Would it just be them you would be working with, or is there an associate or paralegal also assigned you’d deal with as well. Seventh, you can ask them flat out if they expect your case going to trial given the information and details you provided. Trials can be long and costly, so you typically want to try your best to settle outside of court. Eighth, in the event it goes to trial, what sort of trial experience does this attorney have? Trial is very different than in an office and negotiating. You want someone who is a tiger and comfortable in the courtroom. Ninth, you want to make sure the attorney will honor your wishes so ask them flat out, if at any time during the process you want to settle and the attorney doesn’t agree, if they will support you and finalize things appropriately. Tenth, make sure you know all their fees. If they charge a retainer or work on contingency make sure you completely understand it and both of you are on the same page in regard to fees and costs. You want to know absolutely everything upfront. If you ask these pointed questions you can rest assured that you will make the most out of your initial consultation and be able to retain a great attorney to help you win your case.

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