Are You Filing for Disability?
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What Is Disability?
Disability is an employment law term that refers to situations where an employee’s work is affected by an injury or a medical condition. Employment disability laws and individual disability contracts may allow a worker to claim certain benefits even though they are not working due to a disability.
For instance, a worker who has filed for disability due to repetitive strain injuries may be able to collect some paychecks and other work benefits while they are recovering. State and federal laws provide guidelines for disability arrangements, although employers may often negotiate individual contracts with workers (so long as they conform to the law).
What Are Some Issues to Think About When Filing for Disability?
Disability requests are sometimes denied due to a number of facts or circumstances. One of the most common issues in this regard is where an injury or a condition does not fall into one of the categories or descriptions of conditions that are covered by law.
Thus, if you’re filing for disability, it’s important to first research whether or not the condition you have is covered by disability laws. Some other issues to think about include:
- Disability insurance – the outcome of a request may depend on whether or not you have some form of disability insurance.
- Total vs. partial disability – sometimes a disability request may result in only partial coverage.
- Nature and extent of the condition- Disability payouts may depend on what type of condition it is, how long the person has had it, etc.
In most cases, the condition must "substantially impair" "major life activities" in order to be classified under disability laws. The laws often list specific conditions by name, but if a condition is not listed, it won’t be covered if it does not substantially impair major activities (such as walking, eating, etc.).
What If I Have a Dispute Regarding Disability Issues?
Disputes over disabilities may often require additional attention. Some cases may involve the participation of an investigatory government agency, which will help see if there is a solution to the dispute. Other cases may require a lawsuit to resolve major issues, especially where an initial agency investigation fails to yield a proper resolution. All of these types of proceedings require sufficient documentation and evidence for proving the person’s claims.
Should I Hire a Lawyer?
Disability is a major aspect of employment law. You may need to hire a qualified employment law attorney if you need assistance with disability issues. Your attorney can help provide you with legal advice for your situation. Also, if you need to file a claim in a court of law, your attorney can represent you and guide you through that process.
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Last Modified: 04-06-2015 11:42 AM PDT
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