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You are here:  Experts > News/Issues > Human Rights > Disability Law

SubjectDate AskedExpert

Unemployment Compensation and Social Security Disability12/9/2008Kyla Kelim
  Q: I was laid off from my job in August of 2007 and have not yet found a new position. I am collecting ...
  A: You can't have it both ways, either you are able and willing to work or you aren't. If you are ...
Disability11/23/2008Barry N. Saunders
  Q: My Father had a fall about 3 months ago, went in for testing to find cause and claimed change of HBP ...
  A: File for his disability through the Social Security Administration. I will assume he was employed ...
is my 8 yr old able to receive disability ins.?11/21/2008Barry N. Saunders
  Q: My 8 yr old son was diagnosed last June of 08 with a slight case of Tourette's, ADHD, and dyslexia. ...
  A: Certain members of your family may qualify for benefits based on your work. They include: Your ...
Reimbursement of LTD benefits to insurance company11/19/2008Kyla Kelim
  Q: My wife was on long term disability leave from her employer and received LTD benefits through an LTD ...
  A: Mike, yes, it is according to the contract. I cannot speak to New York law, but this is a common ...
LTD and Lump sum SSDI11/16/2008Kyla Kelim
  Q: I have receiving LTD payments from Aetna since September 2007. Aetna contracted to Alsup who ...
  A: Gerald, I have answered the tax question before, there is a publication you will need to look at ...
VA Rated 100% Permanent and Total11/14/2008Barry N. Saunders
  Q: Sanders, I am 55 and rated 100% P&T by the VA. I am told through the "rumor mill" that there exists ...
  A: Fact and fiction. P&T is just that permanent. Very few cases are even reviewed after receiving ...
PTSD, depression, migraines11/11/2008Kyla Kelim
  Q: I am currently rated at 50% for migraines & 50% for major depression with PTSD through the VA ...
  A: Tara, not necessarily but certainly its persuasive if you have already been found to be unemployable ...
I need help...11/7/2008Kyla Kelim
  Q: I'm 23, and have been on SSI since 18. I grew up in residential treatment, and have a significant ...
  A: Emma, SSI is for those, such as yourself, who do not qualify for SSDI based on work experience or ...
requirements11/5/2008Kyla Kelim
  Q: I'm a 57 yr. old male who has had lower back pain for several years and can't sit or stand for more ...
  A: Lee, I would apply right away. Social Security will require objective proof that you are unable to ...
SSD Medicare10/29/2008Kyla Kelim
  Q: I am 61 years old. I have received SSD since 1996, and have not worked during that time. I would ...
  A: You have asked several different questions. First, if you work while on disability, and earn more ...
working off books while on disability10/28/2008Barry N. Saunders
  Q: a co-worker who had surgery was pressured to come into work and train a new employee while she was ...
  A: Didn't he violate the law by having her come back to work? Yes, why do you think he was paying her ...
LTD/COBRA/SSDI10/26/2008Kyla Kelim
  Q: I have been disabled since Dec.31, 2007. I am currently on CA state disability, which will be ...
  A: Barbara, no you have to be disabled 5 months to get social security disability, which will be ...
Disability Income10/24/2008Kyla Kelim
  Q: I am a 29 year old wife and mother who lives in Georgia.I had a car accident about 5 years ago and ...
  A: To qualify for disabilty you must have credits for 1/2 the time between age 21 and now, or 16. ...
insurence benefits10/22/2008Kyla Kelim
  Q: my doctor sent me on disability for 3 weeks; because of stress, now the company sent me a letter ...
  A: Juan, probably. You need to check the contract. Usually, the disability will not charge you ...
qualify for ssdi benefits10/15/2008Barry N. Saunders
  Q: I am a 41 yr old female who sustained spinal cord injury at the T5/6 complete level in 1989. I ...
  A: It appears you still are eligible to receive SSI. You work part time for a period. You do need to ...
Social Security Disability10/13/2008Kyla Kelim
  Q: My daughter was born with cleft lip and palate. She is now 3 years old and requires many more ...
  A: Stefanie, you need to apply, however, it will depend upon your family's income. If you are Medicaid ...
SSI and trust funds10/12/2008Kyla Kelim
  Q: I am on SSI. I do not get SSDI. I also receive food stamps and Medicaid and I get a Housing voucher. ...
  A: Teri, yes, that is what the special needs trust is for, to allow you to keep your benefits but have ...
hi10/11/2008Barry N. Saunders
  Q: re:On September 12, 2000, HUD published a final rule in the Federal Register allowing PHAs to ...
  A: WOW! Ahhhhhhhhh, this is complicated. I don't believe the landlord for the apartment has to allow ...
DISABLED RIGHTS9/17/2008Kyla Kelim
  Q: Six years ago my Dad was in a car accident resulting in brain injury. My stepmother is his Plenary ...
  A: Megan, what you're going through is unfortunately not all that uncommon. Unfortunately, without ...
long term disability9/11/2008Kyla Kelim
  Q: right now i'm on long term disability insurance and i would like to apply for SSDI. I don't know if ...
  A: Julie, it depends on your contract. Often, you must apply for SSDI when you begin receiving LTD and ...
Medicaid Disability and SSI?9/10/2008Kyla Kelim
  Q: My son (who is 11) was just ruled disabled by the Office of Maternal Health under the Katie Beckett ...
  A: Gretchen, not necessarily, this program purports to be available for those people who do not qualify ...
daughter's backpay9/10/2008Kyla Kelim
  Q: My daighter recently started getting a SSD check because her father is disabled...I am her ...
  A: Rhonda, with ssd, then she should get a portion of backpay as support as well. I would call Social ...
Getting help9/9/2008Kyla Kelim
  Q: I quit my job about 9 months ago because my fiance was being transferred out of state. I did not ...
  A: Michael, you apply for disability when you can't work, not while you have a job. I would advise you ...
Diability for Unexpected maternity9/9/2008Kyla Kelim
  Q: What options are available in south carolina to assistance with the bills when you have the ...
  A: Ms. Gilliam, pregnancy is not a covered disability. I do not know what South Carolina might have ...
Medical Insurance9/4/2008Kyla Kelim
  Q: What happens to my work insurance when I am considered permanantly disabled. Do I qualify for medic ...
  A: Henry, it depends. From the time you are disabled according to social security, then Medicare will ...
social security disability9/1/2008Kyla Kelim
  Q: I was diainoses with stage 3 a breast cancer in april 08 i applied for social security disability in ...
  A: Beth, there is a five month period from the date of onset of disability prior to your being ...
social security disability8/30/2008Kyla Kelim
  Q: with mental conditions like social phobia-anxiety, major depression & schizoid personality, dose ssa ...
  A: jr, just do the best you can and have your doctors/providers provide records to back that up. I ...
autism8/29/2008Kyla Kelim
  Q: my 3 yr old son was just diagnosed with autism he is on the high end of the spectrum and still able ...
  A: Sarah possibly, SSI will depend not only on whether he meets the disability criteria, but also ...
taxes on long term after ssd pays8/28/2008Kyla Kelim
  Q: My wife has recieved LTD benefits for about 3 years and now has started SSD benfits. We have to pay ...
  A: You paid taxes on the benefits if your employer paid all of the premiums. I'm not sure where the ...
handy cap parking8/27/2008Kyla Kelim
  Q: I know of a company that is not allowing its' handy cap employees who have a valid handy cap placard ...
  A: Ariel, I believe the employers practice will violate the American's with Disabilities Act (ADA) as ...
Expecting Vet without short-term disability8/26/2008Kyla Kelim
  Q: I am a veteran with less than one year of service dismissed under General Honorable discharge due ...
  A: Stefie: I would run to an employment lawyer in your area, as it would appear that you are covered ...
Question about SSDI Offset for Children8/21/2008Kyla Kelim
  Q: My husband has been receiving a monthly payment from a long term disability company through his ...
  A: Michelle, it will depend upon the contract with the ld disability. Yes, many of them will call for ...
social security disability8/19/2008Kyla Kelim
  Q: with mental conditions like social phobia-anxiety, major depression & schizoid personality, dose ssa ...
  A: Jr, If you are approved, you may work a limited amount without social security deeming it a ...
Disability Pay8/7/2008Kyla Kelim
  Q: I work for a retail store and became pregnant. After being asked to get a doctor's note stating ...
  A: Typically, a doctor must certify that you are disabled and cannot work in order for short term ...
Child support8/4/2008Kyla Kelim
  Q: I have a son that the father get a disability check for diabetes so he says and I am struggling I ...
  A: You need to contact social security and request it. They may require you to take court action and ...
Pregnancy and leave of absense8/2/2008Kyla Kelim
  Q: I'm from Texas and i work at a bank, my Dr. gave me a note that allows me to park in a handicap ...
  A: Angelica, it seems like you have a great case under the ADA (Americans with Disabilities Act) for ...
disability and MVA8/1/2008Kyla Kelim
  Q: My husband and I survived a Motorcycle accident in sept of 2007. My right ankle was shattered and ...
  A: Angela, contact social security, who has some procedures in place to expedite some matters. You ...
Disability and Child Support in NY7/20/2008Kyla Kelim
  Q: "If I am approved for permanent disability. Will I still have to pay child support? How does this ...
  A: Lamont, yes, you still have to pay child support. Social security will direct a portion of your ...
Possible Future Disability Issue7/20/2008Kyla Kelim
  Q: I was sitting in a computer chair about two weeks ago, and after getting up I had a burning pain ...
  A: Mike, you can draw social security disability if you have put in enough quarters of work and your ...
disability insurance7/18/2008Kyla Kelim
  Q: I have a long term disability ins policy through my employer. If my doctor says I'm not going to be ...
  A: No, otherwise you could never use any type of policy, since you have to be disabled to use it. The ...

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