There are certain benefits and rights that the disabled have access to under the law. However, a disability lawyer Orinda based said it can be complicated to access these benefits and the rights of the disabled are often infringed upon. A disability lawyer provides a range of services to protect the rights of disabled and ensure that they receive the benefits that are due to them.
1. Social Security Disability Benefits
Social Security Disability Benefits are available to individuals who are no longer able to work or earn an income due to an injury that has caused a disability. However, these benefits are only due to those who meet the SSD criteria for being disabled.
The process can be complex, lengthy and benefits can be denied due to the incorrect completion of forms or not meeting the necessary requirements. A disability lawyer can assist with the correct completion and submission of documents proving a disability thereby speeding up the process and ensuring that benefits are granted.
This said, it isn’t entirely necessary to hire a lawyer to go through the process of applying for SSD benefits. On the other hand, getting sound legal advice and assistance is more likely to ensure that benefits are granted.
2. Discrimination In The Workplace
While the disabled are discriminated against in many areas of society, this most often occurs in the workplace. Being continuously overlooked for a promotion, premises not being made accessible or simply being mistreated or treated differently to able bodied people by management and work colleagues are all forms of discrimination in the workplace.
Disability lawyers will assess whether a case of discrimination exists and take the necessary steps to have the problems rectified in accordance with the ADA or Americans with Disabilities Act. The Act makes provision for certain regulations that employees must provide for disabled employees in the workplace and ensures that their rights are not being overlooked.
In cases where it can be proven that an employee has been dismissed due to a disability, they may even apply for compensation from their employer. It is highly recommended to have legal representation in these cases in order to ensure that a claim is awarded and that fair compensation is received for loss of income, pain and suffering that may have been caused as well as for discrimination.
These are the two primary issues that lawyers dealing with disabilities provide although there are a variety of other issues that they will also address.