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It’s not easy to navigate around a health condition that affects your life in countless ways. If you’re facing this challenge, you should know about the laws that protect you. The Disability Law Center provided by Justia offers a starting point.
A disability can cause obstacles and burdens in many areas of life, such as employment, housing, or education. Fortunately, people living with disabilities have important rights and options that they should understand. The federal government issues benefits to qualifying individuals with disabilities, for example, while anti-discrimination laws generally treat a disability as a protected characteristic. The Disability Law Center in the Justia Legal Guides provides an overview of disability benefits and some key disability rights. This free resource can serve as a starting point for people interested in learning about the basics of the law. Here are some common questions to which it provides general answers.
What Is the Difference Between SSDI and SSI?
The federal Social Security Administration provides both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. The definition of a disability and the process of proving medical eligibility for benefits are essentially the same under each program. However, SSDI is designed for people who have compiled a certain amount of work credits prior to the disability. SSI doesn’t hinge on work credits. It’s designed for people with very low income and limited resources.
What Is the Listing of Impairments?
The Listing of Impairments is a manual used by the SSA when determining whether a claimant’s condition meets the definition of a disability. It’s generally seen as the third step in a sequential evaluation process. The SSA reaches this step if it decides that the claimant isn’t performing substantial gainful activity and has a sufficiently severe impairment that will last for at least 12 months or result in death. Entries in the Listing of Impairments provide specific criteria for many types of impairments. If a claimant’s condition meets the criteria of an entry, or if it’s equivalent to a listed impairment, the SSA will find that it’s a disability for the purpose of benefits eligibility.
What If the Listing Doesn’t Cover My Condition?
If a claimant passes the first two steps of the sequential evaluation but can’t establish that they have a qualifying disability at the third step, the SSA will proceed to the fourth and potentially the fifth step of the evaluation. The fourth step considers whether the claimant can do past relevant work, as defined by SSA regulations. If they can’t, the SSA moves to the fifth step, which considers whether the claimant can adjust to other work. The agency will find that the claimant has a qualifying disability if they can’t. Otherwise, they won’t be eligible for benefits. These last two steps hinge on a residual functional capacity (RFC) assessment, in which the SSA considers the claimant’s ability to do sustained work-related activities in a work setting on a regular and continuing basis.
Can I Appeal a Social Security Denial?
Yes, you can take an appeal through multiple stages of review. The first step involves requesting a reconsideration by evaluators who didn’t look at your initial claim. If their decision goes against you, you can ask for a hearing before an administrative law judge. This is a more formal proceeding at a Social Security hearing office. After a denial at that stage, a claimant can seek review by the SSA Appeals Council. This exhausts review within the agency. The next step would involve filing a lawsuit in a federal district court.
Can I Work While Receiving SSI?
You can potentially perform some work while still receiving SSI benefits. However, the SSA may reduce your benefits based on the income that you earn. It applies a formula that excludes certain amounts from countable income, such as the first $65 (or $85 if you have no unearned income) earned each month and half of the remaining amount, as well as work expenses related to the disability. If your countable income exceeds a certain ceiling, the SSA will stop paying benefits. However, you may be able to reinstate them without starting a new claim if your condition gets worse and causes your income to drop again within the next five years.
How Do Special Needs Trusts Help?
Eligibility for SSI depends on the income and resources available to the claimant, which must fall below a certain ceiling. Their resources generally include assets in a trust. Special needs trusts are a key exception to this rule. Resources in a special needs trust won’t affect eligibility for SSI if the trust is properly constructed and the funds are used for appropriate purposes, such as education and recreational activities. (Payments from trust funds for food and housing, on the other hand, might interfere with SSI access.)
Should I Get Long-Term Disability Insurance?
Some people choose to get long-term disability insurance to guard against the possibility of being unable to work for a long time. However, this option may not be right for everyone, and you should carefully review the terms of any policy that you’re considering. For example, you’ll want to understand the amount and duration of benefits, how long you’ll need to wait to get benefits, and the cost of premiums for the policy. You’ll also want to look at how the policy defines a disability. Some policies use an “own occupation” definition of disability, which means that you can’t work in the same job, while others use an “any occupation” definition, which means that you can’t work in any job.
Does My Employer Need to Accommodate My Disability?
If your disability meets the definition provided by the Americans With Disabilities Act, and your employer is covered by this law, it generally needs to provide a reasonable accommodation for the disability. (Employers that aren’t covered by the ADA may be covered by parallel state anti-discrimination laws.) This might involve a physical change to the workplace or an adjustment to a workplace rule or policy. An employer isn’t required to provide an accommodation if it would pose an undue hardship, but this means more than a minor cost or inconvenience. However, the employer doesn’t need to provide the exact accommodation that you request if another accommodation would work just as well and cost less.
Can My Landlord Prohibit an Emotional Support Animal?
Under the federal Fair Housing Act, most landlords generally need to provide a reasonable accommodation for an emotional support animal, even if they don’t allow pets. (There are exceptions, such as when the animal puts the safety of other people at risk.) They also can’t impose other restrictions, charges, or penalties that tenants with other animals might face, such as a pet fee or deposit or a restriction on the size or breed of an animal. Landlords do have a right to see documentation showing that an animal is an emotional support animal.
When Is a Child Entitled to an IEP?
An individualized education program (IEP) is one of the key rights for a special needs child under a federal law called the Individuals With Disabilities Education Act. The main special education law, IDEA applies to children who have disabilities that are specifically listed in one of its provisions and who are dealing with an adverse impact on their educational performance because of the disability. If a child doesn’t qualify for IDEA benefits, such as an IEP, they still may qualify for protection under a related law called Section 504 of the Rehabilitation Act. The school then might devise a Section 504 plan, which provides for more generalized but still critical accommodations.
Final Thoughts
If you have a specific legal question or concern involving disability benefits or rights, you should not hesitate to consult a lawyer for personalized guidance. For example, a Social Security Disability lawyer could help appeal a denial of SSDI or SSI benefits, or present a complex claim more persuasively than you might on your own. Or an employment lawyer could help protect your right to a reasonable accommodation at your workplace. In the meantime, the Disability Law Center offers a readable overview of some key concepts in this area. Like the other Justia Legal Guides, it furthers our mission of making the law free and accessible to all.
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