Schools Must Accommodate Children with Disabilities

Perhaps you or a family member has a legal disability that qualifies you for services or privileges that you weren’t aware were available. You may not consider yourself handicapped, because you live comfortably enough with your condition, but under the law you may be entitled to compensatory treatment.
If your child has difficulty at school because he is easily distracted, and can’t concentrate, help may often be obtained by getting a diagnosis such as ADD or ADHD. Your pediatrician can provide surveys for you and your child’s teachers to fill out, to determine whether your child is eligible for special consideration. If a child will be more successful seated in a certain part of the room (front row, or away from windows, etc.) a diagnosis may require the school to provide that. If daily tracking sheets to inform you of your child’s progress will help, the law can help you get them. Section 504 of the Americans with Disabilities Act mandates that any student who has a legally recognized disability must be served in a way that will help him to be successful in school.
Reasonable school personnel will not balk at providing the help your child needs – they will be glad to do whatever it takes to make their work easier. A child who is more successful because of getting the help he needs to overcome difficulties, is more pleasant for teachers as well as parents to deal with. If you find the school unwilling to provide what is needed, you have the law on your side, and they can be compelled to act in the best interest of the child.
The bottom line is, know the law, and how it applies. Your disability must be legally recognized and properly diagnosed, and the law is very specific about what kinds of remedies are allowed. Parents who struggled in the past, before they knew what kind of help was available, will tell you how much better their lives became after they got help.

Filed Under: Disability Acts Tagged With: , ,

Unlawful Job Termination Due to a Disability

Were you terminated from your job due to a disability? Asking for accommodations or having a physical or mental disability is not a ground for employment dismissal. Discrimination against the disabled is illegal; enlist the help of an attorney to find out your rights. An experienced legal counsel can explain the process for filing your claim.

Disability and ADA

The government agency that regulates disability discrimination is the American with Disabilities Act (ADA). American with Disabilities Act began as public law in 1990 and eventually became a United States Code. The ADA promotes equality to persons with disabilities at work, local and state institutions and public accommodations. A disability is defined as: a physical or mental injury or impairment that limits at least one aspect of life activities; documentation of the injury or is known to have the impairment.

Reasonable Accommodation Rights

Employees are able to request adaptations to do their job and not risk the chance of termination as a result. An accommodation is an adjustment in a profession or work surroundings to perform essential job functions .Workers have the right to request it at any time during the application process or employment. All accommodations must be related to a verifiable medical condition.

If medically disabled, then workers can not be discharged under certain circumstances. Instances include refusing to comply with medical restrictions and refusal of time-off for necessary medical appointments. Employers are compelled to provide adjustments that do not represent an excessive hardship or expense.

Employee Responsibilities

Employees should communicate modification needs to a supervisor to remain in present job role. Requests can be made using the Disability Accommodation Request form or informally. Workers may need to produce documentation of limitations, but all medical information will remain classified.

Filed Under: Disability Acts Tagged With: , ,

Your Rights Should Your Social Security Disability Benefits be Denied

The Social Security Disability program through the United States is designed to help individuals who are not able to gain employment due to a physical or mental disability. To qualify for the program you must go through a lengthy application process that involves hundreds of papers and the gathering of personal and medical records. Even after all that work you could still face the possibility of being denied social security disability benefits. If you are denied social security disability benefits it is not the end of the world, you are able to appeal the process and request a hearing before the social security administration board.

 

When you receive the initial denial for social security disability benefits the first thing that you need to do is appeal the decision. The appeal must be written up in a letter form and it usually looks best if it is typed up. The appeal must be done within 65 days of receiving the denial for benefits or your case will be closed.

 

After the letter for appeal has been written up it will be sent to an independent evaluator. This person did not have anything to do with the first decision. The independent evaluator will go over your case and could possibly reverse the decision.

 

Should your case still be denied you have the right to have a social security administration hearing. This request must be done within 60 days of receiving the second denial. To appeal the second decision you will write up a letter requesting that you receive a social security administration hearing on your case. If you get the information to the social security administration in time you will be notified of your social security administration court date. This date could be as far as three months away depending upon the amount of cases the court has to hear.

Filed Under: Disability Acts Tagged With:

Understanding the Differences Between the Two Social Security Disability Programs

Under the United States Social Security Administration there are two government programs that can help people with disabilities. These programs are known as the social security Social Security Disability Insurance and Supplemental Security Insurance. While there are some similarities, each program is different from the other. Here is a look at both programs and what makes them different.

The two government programs Social Security Disability Insurance and Supplemental Security Insurance have a similar requirement for disability. The definition of disability is any medical or physical condition that prohibits the individual from being employed. Regardless of the program you are applying for both programs require that the disability leave you unable to work for at least a year or more.

The differences in the programs depend on your income and how long you have worked for.  To qualify for the social security disability insurance benefits you will have had to work for at least ten years. You must also have worked for five years previous to your disability in order to qualify for funds. Another condition to receive the funds is that you must have had deductions taken out of your paycheck.

The Supplemental Insurance benefits are designed for individuals who are completely disabled and have to live off a limited income. To qualify for the supplemental insurance benefits you will have to verify your income level as well as any other income that you may receive from other sources. Supplemental insurance benefits can vary depending upon how much income you have from others and what your living expenses are. Supplemental insurance benefits must also be applied for in person and cannot be done online or over the phone like social security disability.

You can apply for both programs under the Social Security Administration. Under the guidelines you could qualify for one of the programs or both of the programs depending upon your previous work experience and level of income.

Filed Under: Disability Acts Tagged With: ,

Applying for Disability

If you are a citizen of the United States and have paid any amount of taxes you might qualify for social security disability if you suffer a disability that prevents you from working. Social security disability is a government program that supplies people with disabilities with a small monetary amount to cover their living expenses.

 

There are specific eligibility requirements for social security disability. To qualify you must be a United States citizen, over the age of 18 and have a medically documented disability. If you are considering applying for social security disability here are a few things that will help the process go smoother.

 

Gather All Personal Information. When you are applying for social security disability you will be required to fill out dozens of papers that will require your personal information. It is a good idea to gather all this information together before your disability appointment. You will need your social security card, birth certificate as well as a photo identification.

 

Gather Medical Records. Social security disability will require that you show documentation of your medical condition or disability. To make the social security disability process go quicker it is a good idea to gather all this information ahead of time. Gather any medical records that mention your disability and shows documentation of your treatment for the disability or diagnosis of it.

 

Gather Doctor’s Information. Your doctor’s information will be required on the social security disability papers. Make sure that you have your doctor’s full name, address and fax number. You may also want to mention to your doctor’s staff that you are filing for disability benefits as your doctor may be required to write up a letter declaring your disability.

 

Gather All Required Paperwork. In almost all 50 states you will be required to fill out a social security disability application as well as an adult disability report. By having both papers you can speed up the application process.

 

 

Filed Under: Disability Acts Tagged With:

Value in Disabilities

Disabilities of all kinds can make even the simplest tasks challenging. When services, assistance, and accommodations are not easily accessible anger and frustration ensue, adding to an already difficult situation. The person struggling can become consumed by their disabilities and forget one important thing. Your disabilities are part of you, but you are not your disabilities. You are a person, unique and valuable for what you have to offer, not a set of symptoms.

Knowing your rights is the first step in taking control of your life back from your injuries, disease, or impairments. There are many organizations designed specifically to help disabled people learn what their rights are and how to access services available in the community. If you are on Social Security Disability, their website will answer many of your questions. Even if you are not on federal disability, their website can give you information about your legal rights and responsibilities as a disabled person.

One of the first steps to finding out what services are available in your area is to check you state website and explore the section concerning disability services. Many times your county health department can also direct you to appropriate resources in your community. If you are at a lost of where to begin to find out your rights and what services are in your community, your primary care physician can point you in the right direction or will know who to contact to find available resources.

Connecting with other people in your community can help you feel less isolated and alone. You are part of your community, and separating yourself from others because of your disabilities does both you and your community at dis-service. You have something to offer and share with the other people who live around you. Do not sell yourself short, just because you have a disability does not mean you do not have other valuable gifts to offer.

Filed Under: Disability Acts
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