The Americans with Disabilities Act was established in 1990 with the aim of protecting those with disabilities, whether they were born with them or they were injured on the job. In short, the ADA protects civil rights associated with the treatment of disabled persons, protecting them, when able, from discrimination based on their condition. This should not be read to mean that employers should be expected to go exceptionally out of their way to accommodate anyone. Instead, the ADA requires reasonable accommodation in order to level the playing ground for all, regardless of any condition.
The ADA also protects individuals who have been injured and can no longer work. Social security and disability protections work in unison to provide out of work employees with the coverage they need. However, simply filing for social security disability benefits will do nothing if you are an unqualified individual. According to the U.S. Social Security Administration, there are three important qualifications for being deemed “disabled”, and therefore, being eligible for the protections therein.
- You are no longer able to do the work you did before.
- The SSA decides you are unable to adjust to any other work because of your condition.
- Your disability is expected to be chronic, lasting longer than a year, or likely to result in death.
Learning how to qualify for social security disability is the first step, but it is not the last. Further eligibility requirements must be considered. A key part of how to qualify for social security disability is having worked in a job covered by the SSA. If you were not paying into Social Security or disability insurance, then you are ineligible.
If you are successful in filing for Social Security disabilities benefits, depending on your situation, you may be eligible to continue receiving your benefits until retirement age. When that happens, your disability will convert automatically to retirement benefits. However, your benefit amount will neither increase or decrease, guaranteeing you the same protections you had before.
Of course, knowing how to qualify for Social Security disability is only the beginning of the battle. Unfortunately, being denied disability is quite common, even when you deserve it. If this sounds like your situation, then you need to find disability lawyers who can help you get what you deserve. Note, however, that no lawyer, regardless of their talent, can guarantee the outcome of a case. Having said that, finding legal help is far better than doing nothing and letting justice pass you by. Helpful info also found here: www.muirheadlaw.com