Part 2 Part 2 of 3: Choosing an Attorney Download Article
You may or may not need an attorney for your initial disability claim.If you are able to provide the necessary medical and job information for your disability claim, can read and interpret official correspondence from SSA, and respond to requests for information, there may be nothing more a representative can do for you at this level of the Social Security Disability process.
What to Look for in a Disability Advocate
The benefits of hiring a disability lawyer:
Americans with Disabilities Act (ADA) The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
What are the Most Common Forms of Disability Discrimination?Refusing to Hire a Job Applicant Based on Their Disability. ... Firing or Demoting an Employee Because of Their Disability. ... Failing to Give Disabled Employees the Same Opportunities. ... Harassing an Employee Based on Their Disability.More items...
The rights persons with disabilities have include equality before the law, freedom of speech, respect for privacy, the right to both marriage and family, the right to education, the right to health, and much more.
A violation can occur when job postings discourage individuals with disabilities from applying, exclude them, or deny a qualified individual employment because of their disability. It is an ADA violation for any employer to demote, terminate, harass, or fail to provide reasonable accommodations to disabled employees.
International Disability Rights Yet the rights of disabled people are often violated due to prejudice and discrimination. Physical, attitudinal, and institutional barriers can also marginalize disabled people.
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
The ADA is a major civil rights law that prohibits discrimination of people with disabilities in many aspects of public life. The disability rights movement continues to work hard for equal rights.
the U.S. Department of Justice (DOJ)In general, ADA regulations are enforced by the U.S. Department of Justice (DOJ). The regulations covered include those governing state and local government services under ADA Title II and public accommodations under Title III. In addition to the DOJ, other agencies enforce the ADA.
An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or a learning disability would be covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.
For the ADA, this adjustment increases the maximum civil penalty for a first violation under title III from $55,000 to $75,000; for a subsequent violation the new maximum is $150,000.
When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...
Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...
It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...
The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...
Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...
If you have been discriminated against because of a disability, retain a Disability Discrimination Attorney to help you with your case. Disability discrimination usually takes place when you are subjected to different or unequal treatment.
An experienced Disability Discrimination Attorney can assist you with the following:
Reasonable accommodations might include: Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; Restructuring jobs;
The ADA Amendments Act of 2008 (“ADAAA”) strengthened the ADA and eliminated loopholes created by various court decisions. In particular, the ADAAA: 1 Expanded the phrase “major life activity” to include major bodily functions such as functions of the nervous, urinary and circulatory systems; 2 Clarified that an employee asserting that she was discriminated against because she was “regarded as” disabled need only prove that she was discriminated against because of an actual or perceived impairment; 3 Removed the effects of mitigating measures in determining whether an individual has a disability; and 4 Clarified that an impairment that is episodic or in remission is an ADA disability if it limits a major life activity when the impairment is active.
In particular, the ADAAA: Expanded the phrase “major life activity” to include major bodily functions such as functions of the nervous, urinary and circulatory systems;
The EEOC is the primary enforcer of federal anti-discrimination laws, and offers a good Q+A section about the ADA. The U.S. Department of Labor has an excellent list of resources and links about the ADA. The Job Accommodation Network is government-funded and offers free advice to individuals.
Instead, employers and employees must engage in a good-faith dialogue to see if there are any adjustments that would allow you to do your job without imposing an undue hardship on your employer. I’m pretty sure I’ve faced disability discrimination.
The Job Accommodation Network is government-funded and offers free advice to individuals. Finally, the ADA National Network also is government-funded and can offer training and advice; many of its services are aimed at employers and institutions, but its Web site includes lots of useful information. Learn More.
Until the ADAAA passed, chances are that you would not have been deemed protected. Under the ADAAA, however, the ADA embraces injuries from which you’ll recover — but that are serious enough to “substantially limit” one or more major life activities. I could perform much better if my boss were a bit more flexible.
§ 12132, to ensure that people with disabilities can access care without being institutionalized.
The Special Litigation Section protects the rights of people in institutions run by state or local governments, and in private facilities receiving public money. We can ensure that people are safe, receive adequate care, and have access to that care in the most integrated setting appropriate to their needs. We can also act on behalf of people who are at serious risk of being institutionalized unnecessarily.
§ 1997a, allows the Attorney General to review conditions and practices within institutions run by , or for, state and local governments. Under CRIPA, we have no authority to assist with individual claims.
In Olmstead, the Court said that people with disabilities have a right to be served in the most integrated setting appropriate to their needs and wishes. These investigations can also fix poor conditions by reducing the number of people crowded into institutions.
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.
The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.
You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.
Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.
Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.
With a physical disability, you may find it difficult to make your way to the bank to open a new account or otherwise manage routine financial matters. You may need help with a few things temporarily or require a significant amount of assistance on a regular basis. Either way, it can be a tremendous relief to give someone who is trustworthy the legal authority to manage your day-to-day financial responsibilities.
You should, of course, choose an agent (also called an attorney, but they don't have to be an attorney) whom you can trust. A POA agent can be a family member, close friend or even your attorney. You decide what powers to give your agent, and you can revoke the power of attorney at any time, unless you become mentally incapacitated.
Nicholas Gaffney (NG) is the founder of Zumado Public Relations in San Francisco, CA, and is a member of the Law Practice Today Editorial Board. Contact him at [email protected] or on Twitter @ nickgaffney.
Kevin Fritz (KF) is an associate in the Chicago office of Seyfarth Shaw LLP. He focuses his practice on complex discrimination litigation, workplace counseling, and solutions, and is also a member of the firm’s Access Defense ADA Title III Team.
A person or business would probably be well-advised to seek out consultation with an experienced employment lawyer who could do a comprehensive review of their practices as well as their employment policies and any manuals shared with employees to ensure that they are in compliance with the ADA.
The ADA defines disability as follows: A disability may be “a physical or mental impairment that substantially limits major life activities or bodily functions ”; A disability may be “a record of impairment, even if it is not classified as a medical disability”; or. A disability may be a condition that leads to a person being “regarded as having ...
If an employer believes that an accommodation request is not reasonable and is unduly burdensome, they might want to consult an experienced employment lawyer for guidance as to how to proceed. Other jurisdictions require the employer to make accommodations preemptively before the disabled employee requests them.
Some examples of reasonable accommodations are: 1 Physical accessibility: Existing facilities can be modified to make them more accessible to disabled employees or customers, such as installing a wheelchair ramp or modifying bathroom stalls and other spaces to be accessible to employees or customers using wheelchairs and walkers; 2 Job restructuring: This might be something as simple as providing a seat to retail cashiers to use while they work; 3 Modifying work schedules: this might entail modifying schedules so that disabled employees are allowed enough breaks for rest, commute times are accommodated, and the like; 4 Internal reassignment to a more accommodating position: For example, an employer might move a disabled warehouse worker to a desk job; 5 Accommodating hearing and visual impairment: An employer or business could provide accessible software and assistive technologies such as videophones for the deaf and hearing impaired. Or, they might provide sign language interpreters, closed captioning, large print and Braille printed materials; 6 Remote work and telework: A chronically ill employee could be allowed to engage in full-time remote work or telework so they could more easily attend doctor’s appointments; or 7 Allowances as required: A business can simply adjust policies to allow for the presence of service animals, time off to access medical care, and similar steps.
The prohibition against discrimination extends to federal, state and local government services, public accommodations, commercial facilities, and transportation. The ADA states that employers must provide reasonable accommodations so as to make employment and the workplace accessible to their disabled employees.
What is the Americans with Disabilities Act (ADA)? The Americans with Disabilities Act (ADA) is a federal law whose goal is to ensure that people with disabilities have the same rights and opportunities as those without disabilities. The law was passed by Congress in 1990, and it prohibits discrimination against people with disabilities.
Some of the particular conditions that have been found to be disabilities are as follows: Mental and Emotional Conditions: autism, cerebral palsy, HIV infection, multiple sclerosis, mobility impairments, major depressive disorder, bipolar disorder, obsessive-compulsive disorder, and schizophrenia.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.
If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.
Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.
The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.