If you are disabled, it only makes sense to understand the role of disability attorneys. Disability attorneys focus on disability law. That means that they are committed to standing up for rights of disabled people. Unfortunately, disabled people are discriminated against in various ways. They can be denied jobs, services and more due to their disability.
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These attorneys often also seek financial compensation for their clients. When a person becomes disabled, he or she often cannot work as he or she did before. As a result, many need to be compensated in one way or another. Disability attorneys often help with the legal angles of applications to the government. People have to go through a certain procedure to prove that they are actually disabled so that they can receive their benefits.
Sometimes people qualify for what is called temporary disability. This term refers to when people can be cured at some point. In the case of temporary disability, people have to be compensated for the period of time during which they cannot work. If an illness or injury keeps a person from working for more than 3 business days, he or she may be eligible for temporary benefits. Some employers actually offer these benefits to their employees automatically, but this isn't extremely common.
When it comes to disability funds from the government, the social security administration decides who is eligible. This organization also is in charge of the benefits program. If you are looking to have someone help you through the process of filing a claim, a disability attorney should be able to take you through the process. Further, often applicants have issues with social security disability claims. Lawyers help to make sure that disabled people receive the correct benefits.
The attorney that you choose can make all the difference between winning and not winning a case. Therefore, it is essential to make sure that you confirm quality representation. When you are selecting your attorney, be sure that he or she is someone that you feel comfortable with. Don't be afraid to ask questions. The person that you choose should be accessible and make you feel confident as well.
The extent to which your employer can inquire about your disability varies depending on where the employee or applicant is in the employment process: (1) Pre-offer, (2) Pre-employment; and (3) During employment.
Pre-Offer - The ADA prohibits all disability-related inquiries and requests for medical examinations before an offer of employment is made. Thus, an employer may not question you about your disability during the interview or application phase. A "disability related inquiry" is defined as any question "that is likely to elicit information about a disability." This includes any questions regarding disability history, Workers' Compensation history, genetic history, or ongoing medical treatment or use of prescription drugs because such questions are likely to lead to information regarding the person's disability. Questions regarding an applicant's general well-being, illegal drug use, drinking, or an ability to perform certain job San Francisco disability lawyer functions are allowed. The employer is allowed to inquire further in the pre-offer stage if the disability is considered "obvious," e.g. a missing limb, or if the applicant volunteers that he or she has a disability or advises that a reasonable accommodation will be needed.
Pre-employment - When a conditional offer of employment has been made, but the employee has yet to begin work, the employer is now permitted to inquire into the nature of any disability and can have the job candidate submit for a medical examination, so long as all applicants for that job category have to undergo such an examination. Although the employer can require a candidate submit to a medical exam as a pre-requisite to employment, this does not mean the employer can reject a candidate solely on the basis that a disability is disclosed through this process. Such an action is considered discrimination under the ADA. Testing for illegal drugs is not considered a "medical examination," and the employer may require this at any point in the employment process.
During Employment - Once the employee has begun his or her employment, any disability-related inquiry or request for a medical examination must be "job-related and consistent with business necessity." An employer can demonstrate that a disability-related inquiry and/or request for a medical exam meets this criteria where there is "a reasonable belief, based on objective evidence," that: (1) An employee's ability to perform essential job functions will be impaired by a medical condition; or (2) An employee will pose a direct threat due to a medical condition; or (3) In response to a request for a reasonable accommodation when the disability or need for accommodation is not known or obvious.
If the employee has requested a reasonable accommodation, then the employer can request medical documentation sufficient to substantiate the need for the request. The medical documentation the employee is required to submit must: (1) describe the nature, severity, and duration of the employee's impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee's ability to perform the activity or activities; and, (2) substantiate why the requested reasonable accommodation is needed.
An employer is not permitted to ask for a general medical history or a copy of your medical file. The employer's request must be specific to the disability. Documentation An employer is not allowed to compel the employee to undergo a medical examination with a doctor of the employer's choosing unless the documentation supplied by the employee does not satisfy the above criteria regarding sufficiency or the doctor that supplied the medical information for the employee is not qualified to give a medical opinion on the particular condition at issue. An employer's continuing to request different medical information or insistence on a medical exam where the documentation supplied is sufficient as defined above, can be considered retaliation prohibited by the ADA.