The US federal government has made it a priority, over the last decades, to protect the rights of disabled workers through disability and civil rights laws.
The Social Security Disability Insurance (SSDI) has been in place since 1950s with many amendments to improve its services over the years.
And in the 90s, the government also signed the Americans with Disabilities Act (ADA) under President George H.W. Bush.
If a worker sustained a permanent or long-term disability, he/she can avail of the SSDI benefits under the Social Security Act.
Through sufficient tax contributions and a number of years of work, a qualified disabled worker can receive the same monthly benefit that he/she can receive when he/she retires at a full retirement age.
Generally, the employee should have worked 5 out of the last 10 years.
To qualify for benefits, the employee should have a disabling physical or mental condition that prevents him/her from working and gaining substantial gainful activities.
The disabling condition should also last for at least 12 months.
The Social Security Administration does not test whether an employee can perform your old job but rather they will test if the employee can perform any job available in the market.
Some factors that may be considered by the administrators are the employee’s medical condition, age, experience, skills, training and education.
If the administrators find that the employee is capable of working, then the application may be denied (although the claimant can appeal the decision).
If the claim is approved, the employee will receive monthly compensation until he/she recovers.
Once the employee feels that he/she can go back to work, Social Security can provide a trial period where the employee can test their ability to work for nine months while receiving full benefits.
After the trial period, they look at the employee’s earnings to decide if his/her earnings could be considered substantial. If so, then the benefits will stop.
Most disabled employees are scared of going back to work, especially since their condition puts them at a disadvantage from other applicants.
That is where ADA comes in. This civil rights law protects employees from being discriminated upon based on their disabling condition.
The ADA protects the employee in the process of hiring, promoting, compensation and benefits and termination.
This prevents employers from denying an applicant employment on the basis of a disabling condition as long as the applicant has the qualifications for the position.
The employer should also provide reasonable accommodation to a disabled employee once they requested for it.
The Social Security Disability law and the Americans with Disability Act work hand in hand in protecting the rights of disabled persons. They exist for the benefit of those who are not able to work because of a disability and the other for disabled people who are now ready to work.
If you are going to apply for SSDI benefits it is recommended that you consult with a disability lawyer to help you prepare a winning claim.
For those who are victims of discrimination based on their disabling condition, they should seek assistance from an expert employment attorney to help them report the incident to the Equal Employment Opportunities Commission (EEOC) and take legal actions against the company.
To pursue a claim for
social security disability insurance, consult with our experienced
disability lawyers. Visit our website and dial our toll for free number.
