If
you are a person who is physically incapable of working and earning their
livelihood, then you can always avail the Social Security benefits under the
Social Security Disability Insurance or SSDI or Supplemental Security Income or
SSI programs. But first, you should know the meaning of disability as per the
Social Security laws.
Who is considered ‘Disabled’ under Social Security Act?
Different
agencies have a different criterion to consider a person as disabled but not
all of them may be in agreement with the Social Security Act which has its own
set of guidelines. So to meet the eligibility for benefits under the SSDI and
SSI following are the points to be kept in mind –
- You are not employed or your earnings are limited, as fixed by the Social Security Administration
- You are suffering from medical conditions severe in nature that may last for at least 12 months or even more and maybe the possibility of death due to them
- The medical condition affects your ability to work
- You cannot do the work or perform the tasks in your job that you had
- You are incapable of learning new tasks which require less physical labour and are necessary for the job
Scenarios where you will be considered for Disabled
- If you have one medical condition or when you suffer from the combined effect of several medical conditions
- If you have physical and or psychiatric issues
- Even when your medical condition is not well understood as in the case of fibromyalgia, chronic fatigue syndrome, migraines, etc. Though proving it may require more amount of effort
- If due to your medical condition you can still work but the treatment that you are undergoing for the condition prevents you from working
When are your Disability claims denied?
- If your medical condition will be cured in less than 12 months
- If your medical condition can be controlled with the treatment which also does not affect your ability to work
- If you are physically fine to work but do not have a job due to the high rate of unemployment
- If the medical condition inhibits the amount of work that you can do and will result in lesser pay
- Merely the inability to drive due to the medical condition does not mean you will be termed disabled
How to get Additional Benefits for a Disabled Person
If
the attorney is well-versed with the Social Security Act then he or she get
their Social Security Disabled client to get more benefits under the scheme
from the Employment Law Standpoint. For this, you can consider the following
points –
- If the person was exposed to a workplace injury
- If the worker was terminated by the employer after the work-related injury
- If the injury whether sustained at the workplace or somewhere else still did not interfere with the person’s ability to work with the reasonable accommodation such as –
1) The employer laid off the employee instead
of making the reasonable accommodation
2) The injured employee began receiving more
complaints against him after the injury
3) The employer straightaway terminated the
employee instead of being aware of his medical condition
What is The Americans with Disability Act?
The
employees who suffer from an injury which limits their ability to work have a
special legislation in place to protect their interests. The Americans with
Disabilities Act (ADA) which was passed in 1990 has provided clear guidelines
against the discrimination towards the people with disabilities. This act is
applicable to the employers who have 15 or more people working for them. ADA
was further amended by the Congress which then passed the Americans with
Disabilities Act Amendments Act (ADAAA) which came into effect on January 1,
2009. This broadens the terms of ADA positively affects the disabled
individuals who are capable and willing to work along with a reasonable amount
of accommodation.
How to make accommodation for the disabled employees at the workplace?
The
employer will be required to do the following –
- Make the existing facilities accessible to the individuals with a disability
- By job restructuring
- To make the modifications to the equipment at the workplace
- To modify the exams, policies as well as the training material
- To make qualified readers and the interpreters available for the disabled worker
Also,
keep in mind, the employee should inform the employer regarding his need for
the accommodations necessary to perform the task in the workplace.
What
are the other acts that protect the interest of the Employees at a workplace?
Must Read: What is Social Security and Importance?
Rehabilitation Act
There
is a Rehabilitation Act Title V known as “Non-discrimination under Federal
Grants and Programs” which is in place to protect the employees with
disabilities of the federal government. Its regulations are same as the ADA.
Pregnancy Discrimination Act
It
includes the Pregnancy Discrimination Act and the Family Medical Leave Act
(FMLA) which protects the women who become pregnant and it requires that the
women are treated in the same way as any other person with a health condition.
Age Discrimination In Employment Act
The
Age Discrimination in Employment Act of 1967 (ADEA) is in place to protect the
employees who are over 40 years of age as it makes it unlawful for the
employers to discriminate against their present employees or even the job
applicants due to their age.
The Family Medical Leave Act
Enacted
in February 2003, the Family Medical Leave Act (FMLA) allows the employees to
get up to 12 weeks of leave (unpaid) during the 12 month period whether for the
birth of a child or in case of adoption. It also includes the option of leave
to tend to a family member or during the time the employee himself is ill.
Unemployment Insurance Benefits
If
a person wants to receive the Unemployment Insurance benefits, they must claim
that they are in good shape and are willing to work but are not able to find
work. This is going to be different than the disability benefits which require
a person to prove his medical condition and how it prevents him to work
efficiently or at all.
Conclusion
People
seeking employment or the current employees with a medical condition may be at
a risk of being discriminated against, but the government has several laws and
policies in place to prevent the discrimination and promote a healthy and
conducive working environment while also supporting the disabled individuals or
the people who are unemployed.
