Everything You Should Know About Disabled Lifts

July 19th, 2009 at 03:00pm Under Disability Law

Disabled lifts are an essential piece of equipment for wheelchair users that need access to floors that are above ground level. Disabled lifts have the ability to revolutionise the lives of disabled people as they offer a new lease of independence to people that are unable to climb stairs. The government have acted quickly to make access to buildings much better for disabled people. Wheelchair users are entitled to access to all public buildings and workplaces. Compared to twenty years ago the accessibility is infinitely better than it was.
Wheelchairs
Wheelchairs have been around since the 1960s. The first wheelchair is said to have been used in England and the technology that is used in a wheelchair is said to have derived from renaissance Germany. People use wheelchairs if they have difficulty walking. This can be as a result of physical or mental injuries or disabilities.
Wheelchairs come in two general categories. They are either motorised or manual use. Manual use wheelchairs require the wheelchair user to propel themselves along by manually turning the wheel. Motorised wheelchairs utilise electric mechanisms that are controlled by a joystick so that the person in the wheelchair does not need a great amount of force to move their wheelchair along.
The primary design feature of a wheelchair is the size difference between the front and rear wheels. Typically the rear wheels are extremely large. This makes them capable of dissipating minimal force from the user for maximum output. The wheelchair is usually stabilised by two tiny front wheels that usually act to balance the chair. This means that the skilled user of a manual wheelchair can often perform a wheelie. As well as being impressive this means that the wheelchair user can often climb stairs on their own.
Disabled Access
For people that use wheelchairs the future is positive as governments and institutions make a concerted effort to improve access to their buildings. New laws have been implemented that require new buildings to provide access for disabled users. Parliament passed a law in 1999 that gave requirements that need to be met in multifamily buildings which have more than four units. The legislation covers seven main requirements that lay out what is required of the building. Firstly the building must have an entrance that is accessible for disabled users. Common and public areas must have access for all people and wheelchair users must have complete access through the doors of the building.
It must also be possible that disabled people can have free access throughout the dwelling. The law states that lights, thermostats, environmental controls and electrical outlets must be accessible to all people. According to this legislation the walls of the building must be reinforced so that support bars or grab bars can be installed into the property for people that need them. The law also says that the bathrooms and kitchens must be useable by disabled people.
In America the disability rights movement has worked hard to promote equal access to facilities for people with disabilities. This means that people should have both physical access as well as access to the same tools, services and organisations as people without disabilities.

Fair Opportunity for Disabled Employees

July 19th, 2009 at 09:00am Under Disability Law

There are certain forms of workplace discrimination that are not allowed in the United States under the Employment Law. The employer must be discriminating on the basis of a protected category in order for the discrimination to be considered illegal.

Such forms of illegal discrimination protected under the area of Federal Equal Employment Opportunity (EEO) Laws include age, gender, race, sexual orientation, national origin, religion, pregnancy, and disability discrimination. This article will discuss on the latter: disability discrimination.

The Federal Law which forbids employment discrimination against “qualified individuals with disabilities” in the private sector, and in state and local governments falls under the Title I and Title V of the Americans with Disabilities Act (ADA) of 1990.

ADA defines disability, with respect to an individual, as:

a. A mental or physical impairment that significantly limits one or more of the major life activities of such individuals; (Major life activities are actions that an average person can perform with little or no difficulty such as walking, seeing, breathing, hearing, speaking, learning, working, and caring for oneself..)

b. A record of such an impairment; or

c. Being considered as having such impairment

A qualified employee or applicant with a disability is described as an individual who possess the legitimate skills, experience, education or other requirements of a position. Further, he or she can perform the essential functions of the job in question with or without reasonable accommodation.

Reasonable accommodation is any modification or adjustment to a job or work requirement that will enable a qualified applicant or employee to participate in the application process or to perform essential job functions.

An employer is required to make reasonable accommodations to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business.

Job discrimination against people with disabilities is illegal if practiced by:

• Private employers

• State and local governments

• Employment agencies

• Labor organizations

• Labor management committees

Under the ADA, it is unlawful to discriminate a disabled person in any aspect of employment, including:

• Hiring and firing

• Compensation, assignment, or classification of employees

• Transfer, promotion, layoff, or recall

• Job advertisements

• Recruitment

• Use of company facilities

• Training and apprenticeship programs

• Fringe benefits

• Pay, retirement plans, and disability leave

• Other terms, conditions, and privileges of employment

Unfair prejudice denies disabled people the chance to participate and compete equally with other workers. They are also denied the opportunity to live independently and be self-sufficient. The laws on discrimination prevent these from happening.

Now, if unlawful discrimination is practiced by an employer or any entity, a disabled applicant or employee may file a claim. He or she may file it with the local office of the Equal Employment Opportunity Commission (EEOC) or the anti-discrimination agency of the state where the employee works. In the state of California, this agency would be the Department of Fair Employment and Housing (DFEH).

Once the EEOC has determined that a person has a right to sue, the plaintiff will normally have 90 days to file a lawsuit in court. An expert disability discrimination attorney will be a great partner in taking a legal action.

If you think you have been discriminated by your employer due to your disability, seek the aid of our vigorous Los Angeles lawyers. Just log on to our website and know how to contact our expert legal team.

Reminiscing the Social Security Law in the US

July 19th, 2009 at 03:00am Under Disability Law

It is the Great Depression of the ‘30s that necessitates the creation of a Social Security program in the US. Poverty reaches its highest peak among older citizens that time and something has to be done.The Social Security Act, which is considered the first Social Security law, was drafted under the administration of President Roosevelt. It was signed into law on 14 August 1935.The act addresses many issues, amongst which includes:• Old age• Poverty• Unemployment• Survivors• DisabilityThe Social Security Administration (SSA) is the government agency tasked to administer the program. Later on, it added health insurance benefits in the scope of the Social Security under the Medicare program.Generally, benefits under the Social Security law are paid based on the workers’ employment record and social security taxes or contributions.The Social Security Act evolved during the past years as new social and economic issues emerge. Changes were made to provide more protection and coverage for the Social Security members.The so-called OASDI or the Federal Old Age, Survivors and Disability Insurance pays monthly benefits to the following qualified individual/s:• Retirees• Family of a deceased worker• Unemployed worker due to illness• Unemployed worker due to accidentNowadays, the major coverage handled by SSA, where qualified members are entitled to benefits under the Social Security law, are the following:Retirement benefitsThis benefit is given to a worker who worked and paid Social Security taxes upon retirement. The worker earns credits during the time he was working. His entitlement to benefits and the amount thereof will be based on his earned credits.The number of required credits depends on the year the worker was born. If he was born in 1929 or later, he will need 40 credits or an equivalent of 10 years of work.The amount receivable will also vary depending on the worker’s retirement age. If he opted to retire early at the age of 62, his benefits will not be as high when he retires at older age.Disability benefitsThe SSA pays disability benefits under two programs: The Social Security disability insurance (SSDI) and the Supplemental Security Income (SSI).SSDI is paid for people who were incapacitated to work because of a medical condition that is expected to last at least one year or result in death.Members of the family of a disabled worker can also benefit under this program.It is SSI program which will be applied for payments to people with low income who are 65 years of age or over or are blind or have disability.Survivor benefitsLike retirement benefits, survivor benefits are based on the accumulated credit earned by a worker, during the time he was working and paying Social Security taxes.The family of a worker is entitled to receive this compensation in the event the working member dies.MedicareThis is a health insurance program available for people 65 years of age or older. It is also available for person under the age of 65 with certain disabilities and any age with permanent kidney failure requiring dialysis or a kidney transplant.To know more information regarding social security benefits and other claims, you can consult with our experienced Los Angeles social security lawyers. You can visit our website to avail of our free case evaluation.

How Disabled Access Is Getting Better!

July 18th, 2009 at 03:00pm Under Disability Law

In the past 20 years the government have made really large strides toward improving disabled access for disabled people. This includes wheelchair access for all public buildings and there is legislation in place that dictates that workplaces must be accessible. Having access to public areas and buildings is of great important for all members of our society and it is important that disabled people have access to the amenities that able bodied people have access to.
Being denied access to a building or amenity can be an extremely frustrating part of coping with a debilitating illness or disability. Often the steps that need to be taken to improve the accessibility of an area are minimal but they can deliver great benefits if they are implemented. If you are a proprietor of a small business or you want to make your home more accessible for disabled friends then do not be daunted the changes you need to make to your property are usually very small. Small steps make big differences to the quality of life of the disabled person and it is well worth a little investment.
Legislation is in place that makes it essential for new build properties and workplaces to have adequate disabled access for wheelchair users. At present it is very rare for houses to have a good level of disabled access. Houses typically have to be modified by the owner to prepare it for use by a disabled person and the changes that are implemented can be costly.
The good thing about amendments that are made to houses to make life easier for the disabled person as the changes are often made with the particular individual in mind and as a result the house is made bespoke to the needs of that particular individual. This can mean that the disabled person benefits from the specific improvements that he or she expressly requires. This can give a better level of independence to the disabled person which can be a great way of minimising the frustrations of coping with a disability.
Britain is one of the best countries in the world for people that are disabled as Britain has taken a proactive step toward making access much better for disabled people. Parliament passed laws in 1999 that detailed the requirements for new build multi-family buildings which consist of four or more units.
Although the time it takes for many of these laws to bear fruition may be frustratingly slow in some cases, it is still reassuring that the government is definitely moving in the right direction. Whilst the UK has demonstrated a proactive approach to access for disabled people the US have far less stringent rules and can be seen as less proactive than their British counterparts. The American law does state that access must be provided but the law only refers to government built housing and not to privately owned buildings. As the majority of Americans live in privately owned houses accessibility is not prevalent in the US and it can be especially hard for disabled people.

St. Louis Work Injury Attorney Explains Permanent Partial Disability and Permanent Total Disability

July 18th, 2009 at 09:00am Under Disability Law

As a Missouri and Illinois “work comp” attorney, I have reached thousands of settlements on behalf of “claimants” (Missouri) and “petitioners” (Illinois). Many claimants and/or petitioners will often compare their settlements to other injured employees when a comparison may not be appropriate. It is important to first understand that there are two types of “permanent disability” settlements under the Missouri and Illinois Workers’ Compensation laws. A “permanent partial disability” settlement is based on the injured worker being able to “compete for employment” in the “open labor market”. These settlements are based on the injured employee being able to earn a livelihood, even if it is in a diminished capacity. Illinois has some “wage differential” provisions which can enhance the value of an employee’s case where the employee has a “diminished earning capacity”. Missouri has no similar provisions which take into account “lost earning capacity”, but “Missouri Workers’ Compensation Administrative Law Judges” will generally be sympathetic and will usually take into the claimant’s circumstances.” Illinois Arbitrators”, however, can directly consider lost earning capacity.

On the other hand, Permanent total disability means that the injured worker cannot compete for employment in the open labor market. As attorneys representing “total disability” clients, we will usually also file for Social Security Disability on their behalf. In the vast majority of these cases, our clients will be adjudicated as being totally disabled under both systems. Oftentimes we will try to settle Permanent total Disability cases in Missouri and Illinois “work comp” cases in order to avoid a potential “offset” reduction in “Social Security Disability” benefits. Ask your attorney to explain the potential settlement value of your case versus letting a judge decide and whether you may have a “Social Security offset” problem .You may also ask your attorney whether you may benefit from “vocational rehabilitation” if you cannot return to your former employment.

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Long Term Disability Claims and Lump Sum Awards

July 18th, 2009 at 03:00am Under Disability Law

For the uninitiated, Mr. Coombs and Constitution have been litigating entitlement to weekly income benefits arising from a motorcycle accident in June, 1974, since 1976. The amount in dispute is a weekly benefit in the amount of $70. I won’t continue with the history of the litigation but will instead move on to the substantive question behind whether this case is “dead or alive”.Does a declaration of entitlement to weekly or periodic benefit payments bring the matter to a close? Coombs has answered this with a resounding no.In litigation arising out of Long Term Disability contracts (”LTD”) or Statutory Accident Benefits disputes in automobile accidents, courts have declined to order or award a lump sum amount in lieu of the declaration of ongoing entitlement (with a discount for present value calculations of future entitlements, reduced by relevant contingencies, such as prospects for future employment, life expectancy, and other factors). The courts have just not seen fit to cross the line into the murky area of substituting their judgment, for the ongoing scrutiny of insurance companies. The basis for denying the lump sum award appears to be the constraints of the LTD contract, or legislation providing for disability and other benefits. Payments are only due for so long as the claimant can establish varying degrees of disability, although most of the litigation focuses on permanent, total or partial disability.Recent case law indicates that Coombs is very still very much alive.1 The cases noted here all have upheld the concept that only declaratory relief is available with respect to future disability benefit payments. In Richardson v. Great-West Life,2 Justice Holmes stated the following at paragraph 29:Counsel for the plaintiff argued that the plaintiff should be entitled to terminate the L.T. contract of insurance and receive as damages the present day value of the plaintiff’s future benefits to age 65. I agree with representations made on behalf of the defendant, however, that where as here there is some uncertainty as to the permanence of the plaintiff’s disabilities and the policy allows the insurer to require the plaintiff to submit to ongoing physical examinations as well as for offsets with regard to receipt of other benefits, a lump sum award for future benefits would not be appropriate. Nevertheless, the plaintiff is entitled to a declaration directing the defendant to pay the plaintiff continuing monthly benefits after April 15, 1996, until such time as she reaches the age of 65 years or dies or is no longer totally disabled within the provisions of the L.T. policy.While damages in lieu of a declaration may not always be preferable, the possibility of such an award would certainly add a strong weapon to the plaintiff’s arsenal. On the basis of the Richardson case, the court has opened a very small window of opportunity in cases where there is certainty as to the permanence of the plaintiff’s disability. Tendering evidence with this type of standard may prove to be fruitless in the realm of establishing entitlement to a lump sum award, but it seems to be all that we’ve got, or is it?Some of these same recent cases may assist in putting forth more forceful arguments for a lump sum award in the future. Where the plaintiff has had their benefits terminated and has suffered significant mental stress, financial uncertainty and general hopelessness, an argument can be advanced that what is needed is an end to the relationship between plaintiff and defendant insurer.In the Coombes decision rendered in 1993, 3 the problem of the potential for litigation in perpetuity, was acknowledged at paragraph.Coombe and Constitution have been battling in court over the payments since 1976 and it appears to me that only the demise of Coombe will bring litigation between these two protagonists to an end.Disability insurers, including accident benefit automobile insurers, have the right to require ongoing proof of disability and to periodically scrutinize claimants with respect to claims of permanent and total disability; however, recent cases have shown that a relationship of utmost good faith is frequently anything but.The Clarfield4 case, which resulted in an unprecedented finding for the plaintiff of aggravated and punitive damages, still did not result in a lump sum award for future benefits. The type of conduct under discussion in that case clearly points to the need for an end to the relationship between claimant and insurer, yet even in those circumstances the Court did not see fit to cross over the line into uncharted territory.In order to compel our Courts to award a lump sum in these cases, one of two things will have to happen. Either disability contracts or legislation will be amended to contemplate such an outcome in applicable circumstances, or, we need to return to first principles to try and apply existing case law to permit the Courts to make such an award where they are inclined to do so but feel constrained by precedents that do not appear to allow this.Perhaps we should look into other areas of the law for assistance. For instance, in a rather old case, Zdan v. Hruden 5 the Court upheld a lump sum award in lieu of contract for payment of support. The obvious distinction from disability claims is that in Zdan the contract was for lifetime payments without any obligation to establish ongoing entitlement by virtue of financial need or disability, however, the brief reasons for judgment do raise the spectre of the possibility of a lump sum award.When the defendant, for example, absolutely refuses to perform such a contract after the time for entering upon the performance has begun, it would be a great hardship to compel the plaintiff to be ready at all times during his life to be supported by the defendant, if the defendant should at any time change his mind and to hold that he must resort to successive actions from time to time to obtain his damages piecemeal’sThe reference to this case was derived from another case, which upholds the notion that a lump sum award in disability claims is not permissible (see Cram v. Great-West Life ). There the Court’s answer to concerns about leaving the plaintiff to the whim of the insurer is that other remedies exist, such as aggravated and punitive damages, which would act as a deterrent to terminating benefits in the future without the strongest evidence of cessation of disability. We are left wondering as to what Justice Williamson would have said had the history of Coombe v. Constitution been provided during the course of the Cram action.Despite efforts to find more compelling case law to support the argument in favour of a lump-sum award in these cases, there does not appear to be anything else to unearth, save and except for authorities in other jurisdictions. Clarfield points to a willingness by our courts to broaden the scope of aggravated and punitive damages. Accordingly, particularly in cases where insurer conduct is so severely impugned, it seems that lump sum awards cannot be far away. However, for the present time, Coombe v. Constitution is very much alive.

Disability Compensation Benefits for Injured Workers

July 17th, 2009 at 09:00pm Under Disability Law

Workers’ compensation benefits are paid to a worker who has a job-related injury or illness. These benefits may be paid by federal or state workers’ compensation agencies, employers or by insurance companies on behalf of employers.

Disability payments from private sources, such as private pension or insurance benefits, do not affect one’s social security disability benefits.

But workers’ compensation and other public disability benefits may reduce your social security benefits. Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related.

Some of these are civil service disability benefits, military disability benefits, state temporary disability benefits and state or local government retirement benefits that are all based on disability.

Some public benefits do not affect or reduce your social security disability benefits.

They are:

• Veterans Administration benefits

• State and local government benefits, if Social Security taxes were deducted from your earnings

• Supplemental Security Income (SSI)

On the other hand, injured workers are also entitled to certain benefits under the workers’ compensation law. Here are the types of workers disability compensation:

• Temporary Total Disability – This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called “maximum medical improvement”.

In most states, compensation is paid at two-thirds of the employee’s average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is common worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits.

• Temporary Partial Disability – A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.

• Permanent Partial Disability – Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work.

• Permanent Total Disability – In order to receive this type of compensation, the employee must prove that he is unable to return to work in any capacity, and that this is a permanent problem.

On the other hand, there are rulings in many states to the effect that a worker, who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently, states’ workers compensation law permits lawyers to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment.

• Disfigurement/Mutilation – A states’ workers compensation law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.

Disabled workers and employees are entitled to a number of benefits under the law. To know more information about how these benefits may be applicable to you as a disabled employee, you need to consult a disability compensation lawyer who is knowledgeable with these issues.

How to Choose a Lawyer for Your Social Security Disability Case

July 17th, 2009 at 03:00pm Under Disability Law

Copyright (c) 2009 Sharon A Christie

Getting Social Security disability benefits can be a long and complicated process. You will work closely with your lawyer and her staff. Before you hire a lawyer you must do your homework. The following steps will help you find a lawyer who can best meet your needs.

1. Get as much information as you can before you talk to a lawyer. First, go to her website. Is there helpful information on the website about the process you will go through to get Social Security disability benefits? Or is the website just about the lawyer and her law firm? You want a lawyer who will share helpful information and teach you about the Social Security disability process.

2. When you call the lawyer’s office, how are you treated? Is this staff rushed or do they treat you like a welcomed visitor? Are they helpful? Are they empathetic? The lawyer sets the tone for the office. How her staff treats you is a good indication of how the lawyer will treat you.

3. You should meet with the lawyer, either in person or in a telephone consult if it is too difficult for you to get to the office. Were you given a choice? You should be!

4. When you talk to the lawyer, ask about her experience handling Social Security disability cases. How long has she been handling these cases? What percent of her practice involves Social Security disability cases? Some lawyers only devote a small percentage of their time to these cases, making it difficult for them to keep up with changes in the rules and regulations. In addition, they may not be as familiar with the judges who hear, and ultimately decide, these cases. You should look for a lawyer who devotes 50% or more of her time to Social Security disability cases.

5. Ask the lawyer what her success rate is for Social Security disability cases. No lawyer wins every case and no lawyer can guarantee a specific result in your case. Each case is different and must be evaluated on its own facts. You want to ask this question to get an idea of how carefully the lawyer evaluates these cases throughout the process. Social Security disability cases are won or lost on the medical evidence. Your disability lawyer should continually evaluate the evidence to determine if she can prove that you are disabled. If the evidence does not support the claim, a good disability lawyer will tell you so and not take the case further unless additional evidence is available. You should look for an attorney with an 85% + success rate.

6. Ask the lawyer if she has any trial experience. Trial lawyers are trained to develop evidence, present it in the court room and argue the case to a judge or jury. Social Security disability cases may go to a hearing with an Administrative Law Judge. It is beneficial to have a lawyer with trial experience representing you in these cases.

7. Ask the lawyer if she has any medical or nursing training. Social Security disability cases are won or lost on the medical evidence and the evidence of physical or psychological limitations. A lawyer with medical knowledge will understand your disabling condition and be in a better position to develop the evidence and present it to the judge.

8. Ask the attorney how she will develop your case. You want to know that your lawyer will gather your pertinent medical records throughout the process, not just before your hearing with an Administrative Law Judge. In addition, your lawyer should collect specific information from your treating doctors about the limitations that prevent you from working. Your lawyer will do this through the use of special disability reports and disease questionnaires. These reports will help to strengthen your case. If the lawyer you interview is not going to take these additional steps to gather evidence, you should keep looking.

9. Ask the lawyer why she chose to work on Social Security disability cases. The answer to this question is very telling. For me, helping clients get their disability benefits is one of the greatest joys in practicing law. I know that my staff and I can make a difference in our clients’ lives. Clients come into my office troubled, frustrated, worried and in pain. We work through the process together and there is no better feeling than calling a client to report that they have been approved for Social Security disability benefits.

10. Ask the lawyer who will be working on your case. The lawyer should have staff to help gather your medical records and develop the evidence. Social Security disability cases are document intensive. It is important that there is sufficient staff to obtain, maintain and file all of the necessary documents.

11. How are you treated by the lawyer? Do you feel welcomed or do you feel like a number? Ask who you can talk to if you have questions as the case develops. When can you expect a return phone call? Phone calls should be answered within 24 hours. While the attorney will not be able to return every phone call herself there should be sufficient staff available to answer your questions.

12. Do you feel comfortable with the lawyer and her staff? You are entering a long-term relationship so you must feel comfortable. During the initial consultation, were your questions answered? Were you treated with respect? Was the Social Security disability process described and explained to your satisfaction? Were the office procedures explained? If the answer to any of these questions is no, you should keep looking.

13. What do the lawyer’s clients say about her? Go to her website. Are there testimonials from former clients? Is she willing to let you contact other clients for a reference? The best way to understand how you will be treated is to talk to other clients.

For most people trying to get Social Security disability benefits, hiring a lawyer is the best thing they can do to improve their chances of winning. However, you need to have the lawyer who is right for you. Taking the time to gather the information outlined above will help you to make the right decision.

How to Appeal a SSI Disability Case

July 17th, 2009 at 09:00am Under Disability Law

Have you been denied SSI Disability benefits? Did you know that most people who apply for Social Security Disability benefits are initially turned down? However, the Social Security Administration has an appeals process. With the help of a Social Security disability lawyer, you can repeal the decision and have your case reviewed.What is the First Step to Appeal SSI Disability? Once you have received your decision from the SSA, the next step is to file a Request for Reconsideration. This appeal must be filed within 60 days of the date on the SSI Disability application denial. If you were denied Social Security disability benefits during the application process, you may very likely be denied benefits during the reconsideration process. If this happens, don’t be discouraged! Reconsiderations are done by the same state agency that denied your first application, so odds are they will deny it again. After reconsideration, take your appeal to the next step.Hearing before an Administrative Law Judge: After denial of your claim at the Reconsideration level, you may request a hearing with an Administrative Law Judge (ALJ). At this step of the appeal process, the ALJ is not bound by prior decisions. At this level, you are more likely to win Social Security Disability benefits. Unfortunately, the wait-time for a hearing can range from 6 months to more than 2 years. – Tip: Before the hearing, make sure you have documentation of your medical condition, work history and doctors visits. You want to have as much evidence as possible to support your claim.Contacting a SSI Disability Lawyer: It is suggested that you have a SSI disability lawyer or a Social Security disability attorney represent you at your hearing. He or she will be familiar with Social Security disability procedures and administrative hearings. Having a Social Security disability lawyer can make the difference between winning your case and losing it. People that are represented by attorneys during the appeals process are approved at much higher rates than people who are not represented by the attorney. – Tip: Most SSI disability lawyers will not charge a fee for handling your Social Security Disability claim unless you win. Remember to double check to see if the attorney fees of the SSI Disability lawyer you are considering. Appeals Council: If you disagree with your hearing decision, you may ask for review by Social Security’s Appeals Council. If the Appeals Council decides to review your case, they will either decide your case themselves or return the case to an Administrative Law Judge for further review.Federal Court: If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.Final Recommendations to Appeal Social Security Disability: The appeal process for Social Security Disability benefits can be long and difficult. However, having a disability lawyer by your side can be greatly beneficial. The laws and regulations to appeal Social Security disability benefits are complex and specific. A Social Security disability lawyer will be able to explain the appeal process and assist you in winning your case.

Double Discrimination Faced by Women With Disabilities in the Workplace

July 17th, 2009 at 03:00am Under Disability Law

In today’s society, disability is equated to being an illness.  Although individuals with disabilities tend to face discrimination in society, the Canadian government acknowledges the importance of shifting away from the “stigma” and the biomedical approach when discussing disability.  Their goal is to provide individuals with disabilities with independent living, social inclusion, control and social support.  In order to achieve these goals, many changes needed to be made. 

Over the years, the issue of gender discrimination has been frequently addressed by the government and policy makers.  As a result, new laws and policies have been established in order to try and reach equality.  In today’s society, however, although policies have been established, gender discrimination still exists.  On the other hand, double discrimination faced by women with disabilities is not being addressed.  People tend to discuss gender differences but it is not very often related to disability.  It is almost as if society is not aware of the stigma that is associated with disability which is created by society.  Women in general have not reached equality in the labour force and women with disabilities have not been given justice. 

The focus on “normality” and narrow standards of beauty make it more difficult for women with disabilities to be recognized and included in society.  It is believed that “normal” means not to be different from those who are in the able-bodied majority.  This includes having a specific body type and face, looking young, as well as being an able-bodied individual.  Society fears difference therefore it is referred to as “not normal”.  Society also tends to pity those who are different and establishes various assumptions regarding the capabilities of those with disabilities.  Pressure from society creates barriers and exclusion for women with disabilities.  Women with disabilities should be looked at the same way as everyone else; there is no difference.  They should be considered based on their capabilities and not assumptions that are created by others.  Women with disabilities are capable of contributing to society if given the opportunity.  Society fails to see the full potential of those with disabilities out of fear and thereby excludes them.  Denying women with disabilities this opportunity is similar to trying to hide them.  Individuals with disabilities should be integrated into society rather than trying to segregate them. 

Independence and participation are the key concepts in today’s society.  In order to be independent and able to survive, one needs to be employed or have some form of financial support.  Employment in turn provides an income that is necessary for survival but also a sense of belonging because of the ability of giving back to society.  Every individual strives towards independence but it is difficult to achieve it especially for women with disabilities.  Women with disabilities are more likely to be employed in low-status or lower paid jobs.  This in itself has an influence on achieving independence.

Employment means connecting with other people outside of home.  Being employed allows individuals with disabilities to socialize and meet new people.  Having people around enhances the quality of life of individuals.  Many of those women with disabilities who are employed find that being employed engenders a sense of belonging, which has a positive influence on their self-esteem.  In general, being employed opens a door to many opportunities.  It is especially true for women with disabilities. 

Although North America has rules and regulations in regards to employment of individuals with disabilities, clearly it is not enough.  The unfortunate part is that most of these women do not speak up and if and when they do, they are ignored.  In order to implement specific policies and regulations in regards to breaking down barriers for women with disabilities, these women themselves have to be involved as advocates if they have proper supports.  What is problematic though, is that most women with disabilities are excluded when it comes to decision making.  Over the years women have fought hard to be recognized in society and therefore at the present time it is hard to envision when women would be included when it comes to policy making.  It is necessary to move towards the time when it will be hard to imagine not including women with disabilities when it comes to policy making. 

Lack of accommodations and knowledge are two main components to exclusion and isolation from the labour force.  Some of the employers are not aware of the importance of accommodating employees with disabilities.  Lack of knowledge about disability and the stigma that is affiliated with it contributes to employment barriers.  Having a law such as the ‘duty to accommodate’ demonstrates that efforts are being made and Canada is shifting towards becoming an equal opportunity type country.  It was only 15 years ago when employers were not legally expected to ensure that individuals with disabilities were accommodated in their workplace. Having a law such as the ‘duty to accommodate’ can ensure that women with disabilities do not face direct or adverse effect types of discrimination.  However, in many cases, most women with disabilities have faced direct discrimination. 

Although the ‘duty to accommodate’ ensures that individuals with disabilities are provided with employment that meets their capabilities, it does not necessarily mean that the attitudes of others will go away.   When it comes to the workplace, many employers disregard these policies. Thus, the issue that needs to be fully examined is why do employers disregard legislation and what needs to be done to ensure that employers understand the importance of such laws?  This is the issue that still needs to be carefully examined in order to fully eliminate discrimination.