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Provide additional relief to your social security disabled customers from the perspective of employment law

2019-04-20 Legal No comment

Social security disability advocates or representatives are often unfamiliar with some civil rights laws and other remedies that may be offered to their clients, in addition to or in lieu of social security disability benefits, and may result in other or alternative sources providing financial procedures to clients. In addition, due to the economic lag that has led to a significant increase in social security disability claims, customer supporters may encounter many people who do not meet strict social security disability standards, but may be eligible for other remedies. This article will explore some of these laws and remedies.

Due to the complexity of certain remedies and the thorny interactions between them [usually requiring balance and negotiation], it would be beneficial if the client supporter established a relationship with one or more lawyers practicing in the legal field mentioned below. Do not determine if other remedies exist for its customers. Since many of these additional remedies have strict time limits, other lawyers should be asked as soon as possible if they have other remedies and are responsible for pursuing them. In fact, according to the client's case, failure of the lawyer or representative to consider these remedies may be the source of professional liability issues.

A social security disability benefit applicant often has a history, such as his medical condition or work experience, which puts him in a position to apply for such benefits, which requires him to be considered unable to perform substantial paid work. At least twelve [12] months or his condition can lead to death. This history often involves his employment situation, and the nature of this situation can serve as a basis for additional remedies. Therefore, thorough interviews with potential customers should determine:

• Is the person injured in the workplace;
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  • Whether his employer terminated him because of an injury after the employer was told that it was a work-related injury;
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  • Whether the injury is work-related and still allows him to work for the employer at the reasonable accommodation of the employer. The court' discusses the explanation of “reasonable convenience” below;
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  • Whether the employer refuses to provide reasonable accommodation, but dismisses or terminates the employee;
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  • Whether an employee who has not had any performance problems before or after has suddenly received disciplinary action or writing after the injury;
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  • Whether the employer should know that the employee has physical or mental problems, rather than helping him solve these problems, terminate him, fire him or cancel his position;
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  • Whether employees can receive short-term and/or long-term disability benefits, certain types of retirement disability or union benefits, he can apply.

Americans with Disabilities Act and its amendments
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  Important legislation has been enacted to protect patients who are injured inside and outside the workplace and those with illness. The Americans with Disabilities Act of 1990 [hereinafter referred to as "ADA"] aims to "provide clear and comprehensive national authorization to eliminate discrimination against persons with disabilities." 42USCA § 12101 and below. The Act applies to employers with 15 or more employees and prohibits qualified individuals based on disabilities in job application procedures, employment, promotion, dismissal, compensation or vocational training. See 42 USC § 12112[a].

In the years since the law passed the law, the US Supreme Court has issued specific opinions that limit the scope of the ADA and greatly limit the definition of disability under the ADA. Due to the opinions of these courts, a large number of people initially covered by ADA have been excluded from the expected far-reaching protection. The result is a heavy burden that has caused harm to them, which is clearly an objection to Congress. intention. See Sutton v. United Airlines, Inc., 527 US 471 [1999] and accompanying cases and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 US 184 [2002]. As a result of these Supreme Court cases, lower courts found that individuals with a range of severely restrictive disabilities were not disabled.

In order to correct this situation, Congress passed the Americans with Disabilities Act Amendment Act [hereinafter referred to as "ADAAA"], which came into force on January 1, 2009. ADAAA greatly expanded the relevant definition of ADA and provided it for the disabled. new Hope. Ready, willing and able to stay reasonable. The new language of the Act also extends the definition to include more people who are “considered” as disabled. In addition, mitigation factors are no longer assessed when assessing individual disability.

If a client loses his job due to negative work practices and is covered by the newly expanded ADAAA, but does not have the right to recourse but initiates a social security disability claim, either because his condition has deteriorated or because he cannot find another In his disability work, he will be required to file a claim with a local, state or federal government agency to protect his rights and retain his right to file a lawsuit if necessary. The government agency may hold a fact-finding meeting or mediation according to the agency's practice. Although the matter is at the agency level, it can be resolved without resorting to litigation. Keep in mind that ADA claims can be made independently and applied to social security disability claims.

ADAAA requires employers to reasonably accommodate employees with known disabilities to perform basic job functions. However, these employers will not be required to provide accommodation that will lead to excessive difficulties. According to USC §12111[9], these reasonable facilities include, but are not limited to: [1] making existing facilities for employees easy to use and use, [2] work reorganization, [3] equipment modification or equipment, [4] Appropriate adjustments or modifications to exams, training materials or policies, and [5] providing qualified readers or interpreters.

It is the responsibility of the employee to inform his employer that accommodation must be provided so that the employee can perform his or her basic job function. It is also important to know that the new amendments clearly state that employees who are simply “considered” as disabled are not eligible for the above accommodation. Once eligible employees request accommodation, they will begin to interact with the employer about the appropriate accommodation. USC § 12111[10] lists factors that may cause undue hardship to employees when they are employed and have not been authorized by law. The list includes: [1] the nature and cost of accommodation, [2] the overall financial resources of the facility or facility, [3] the overall size of the business, and [4] the type of business.

It's also worth noting that just because the employee's doctor sends a note to the employer that limits the employee's ability to work, asks the employee to take a vacation, asks for a reduction in working hours, or asks the employee to be assigned to a light job employer is not necessarily a doctor's Claim. Since the employer either terminates the employee according to the doctor's request or the doctor's request, according to the doctor, the employee cannot do the work as required. If possible, it is wise for employees to seek legal help when negotiating a disability with their employer.

It is not uncommon for employers to start planning employee termination shortly after informal, formal or informal dismissal of the employee’s illness. Employers often use red squid to terminate or force employees to resign, including giving employees a series of unfounded poor performance assessments, work reorganizations involving unimportant employee positions, sudden changes in absenteeism policies, or employees who deal with bad treatment to encourage him to resign.

Rehabilitation Act

Chapter 5 of the Rehabilitation Act is entitled “Federal Appropriations and Non-Discrimination under the Plan” 29 USCA § 720 et seq. Protect people with disabilities from discrimination based on disability in federal government organizations or programs that receive funds. The criteria for determining employment discrimination under the Rehabilitation Act are the same as those used in the first chapter of the Americans with Disabilities Act.

Pregnancy discrimination law
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  The two main laws protecting women during pregnancy are the Pregnancy Discrimination Act and the Family Medical Leave Act [“FMLA”]. The Seventh Amendment to the Civil Rights Act of 1964, the Pregnancy Discrimination Act, was enacted in 1978. The Act requires employers employing 15 or more employees to treat pregnant-related employees in the same manner as legally required. Health status. For example, if an employee with a serious illness is allowed to take a vacation or a revised schedule is established based on the FMLA, the same choice will be given to the pregnant woman. The bill also proposed to an employee…

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