US Disability Law
A debatable question as to what is a disability has been doing the rounds for long. This can be interpreted by different people in very different ways. At large, it can be seen as an inability to perform some activities due to impairment, which could be physical or mental. While physical disability involves impairment of a limb or organ, mental disability refers to mental retardation or mental deficiency.
Even disabled people are entitled to having jobs to live independently. As such disabled applicants can qualify as a recruit-able candidate if he can perform the job functions, with or without reasonable accommodation, that are necessary to his position in the work place. Such accommodation may mean job restructuring. It may even mean addition or modification of certain equipments or devices. The law defines that employers are not required to lower their standard of production for making such accommodation. This creates a very tricky situation for the disabled person, who can accuse the company of making disability discrimination. Even as recently as in 2007, more than seventeen thousand complaints of disability discrimination have been recorded in American workplaces. As per the Title I of Americans with Disabilities Act, 1990, employers have been prohibited against discriminating qualified applicants in any capacity of work like selection, promotion or compensation base on their disabilities.
Disability discrimination occurs in two different situations. Failure to hire a qualified disabled candidate (where he can file suit for ‘failure to hire’ claim) is the first situation where even asking regarding severity of disability may also be termed as a violation of law. Failure to make reasonable accommodations for the disabled candidate is another such situation. This occurs when the employer fails to make such accommodations as may suit the candidate. While for the employer such accommodations may mean making pretty minor allowances at small costs to enable a disabled individual to perform better, defining it in specific terms is a very complex process. An example can be getting a new table for the candidate in order to help him work from his wheel chair comfortably.
People who have incurred disability are qualified to file a petition for Disability Benefits under the Social Security Law. They can take help from a Social Security Disability lawyer to get good benefits for themselves. When they have been denied such benefits, they are required to file an appeal within 60 days. This process differs from State to State. The appeal called as “Disability Reconsideration” involves sending your claim back to the State Disability agency for evaluation by another officer. The disabled person can seek help from the Social Security’s toll-free number or may visit the local office. Typically all states evaluate such consideration within 120 days.
Another important aspect of disability law in U.S. is the Disability Insurance which is designed to provide periodic income to the policy holder in the event of his/her becoming unable to work as a result of sickness or any injury. Typically they pay the policy holder nearly 40% to 60% of an insured person’s actual earnings on tax-free basis.
