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Disability Rights

Social Security Disability (SSD) insurance pay benefits to individuals who are insured, meaning that they worked long enough and paid Social Security Taxes. On the other hand, Social Security Supplemental Income (SSI) pay benefits based on financial need, and employment with the payment of Social Security Taxes is not needed for benefiting from this program. 

Both Social Security Disability and Social Security Supplemental Income pay only for total disability; no benefits are payable for partial disability or for short-term disability. Disability under Social Security is based on your inability to work. And individual is considered disabled under Social Security rules if the individual cannot do the work that he or she did before, cannot adjust to other work because of his or her medical condition(s), and the individual's disability has lasted or is expected to last for at least one year or to result in death.

Attorneys at MARTIN & VANEGAS, APC can assist you if you meet this definition of disability and the other eligibility standards and were still denied Social Security Disability or Social Security Supplemental Income.

The Americans with Disabilities Act (ADA) prohibits discrimination based on an employee’s physical or mental disability. The ADA requires employers to provide reasonable accommodations to disabled employees upon request as long as the employee, with or without the accommodation, can perform the essential functions of the job. Reasonable accommodations can include physical changes to the workplace to improve accessibility, the provision of interpreters and/or specialized computer and communications equipment, job restructuring and flexible work schedules. 

If you employer is denying you a reasonable accommodation, attorneys at MARTIN & VANEGAS, APC can help you negotiate your accommodation with your employer, or assist you with filing an administrative claim regarding the failure to accommodate.