The Rights of People with Disability in California

People with disabilities enjoy various rights under the federal law. But Californians with disability have more comprehensive laws thanks to their legislators who kept making laws that will benefit different kinds of people living in the very diverse state. Californians with disability have rights under state laws on different categories.
• Public entities
Government agencies are also known as public entities. These agencies have the responsibility to provide the disabled an equal opportunity to participate on their programs. This means that they must provide them with auxiliary aids if necessary, such as Braille materials or audio-visual aids. This applies to all state and local Government programs, activities or services.
This right is supported by the federal laws Titles II and IV of the Americans with Disabilities Act, the Rehabilitation Act: Section 508, and the state-mandated California Government Code 11135 – 11139.
• Employment
Both state and federal laws give people with disabilities the right to apply and be employed. The Fair Employment and Housing Act of the CA Government Code protect people from harassment or discrimination in the workplace and housing due to disability. CA disability and employment rights law apply to those independent from ADA such as private businesses or non-profit organizations.
The Title I of ADA also supports employment rights for disabled people. This law applies to employers who have 15 or more employees.
• Transportation
Transportation is a necessity that everyone should enjoy, and that includes people with disabilities. It lets them participate in different aspects of life like employment and leisure. The disabled should not be discriminated when it comes to providing transportation services, and that includes both private and public entities. Title II of the ADA supports this right.
• Education
The right to education is supported by a lot of state and federal laws and regulations. The applicable law depends on several factors that affect the person disabled and his education. A person with a developmental disability may need to enroll in a special school, while a paraplegic may attend a normal school that is accessible despite his condition. The education level of the enrollee should also be considered.
To learn more about the laws regarding disability, consult a California Disability Lawyer. These lawyers may also help people with disabilities during a case if they think that they are being denied of their rights.

How to inquire about the status of your Social Security Disability Claim

After filing the application and requirements to the Social Security office, it is forwarded to the state disability processing agency (also referred to as Disability Determination Services (DDS)) for further screening and medical decision.

Though the DDS has no specific time frame to process your claim; the Social Security implements a standard deadline to address your claim.

If you have not received any call, letter, or email from the personnel of Social Security disability administration for two months, you may personally inquire regarding the status of your disability claim.

There are reasons why you have not received any feedback. It can be that the decision regarding your claim has been made, but the letter has been lost and failed to reach you.

There are claims that are decided within thirty days; however, 45-60 days is a reasonable time to process your claim. You may also choose to call the SS toll free hotline at 1-800-772-1213.

You may also contact the state disability examiner who is handling your claim. You may inquire if additional medical records or documents are needed in assessing your claim. He or she is the one who can answer the progress of your application. Inquiring on the status of your claim obliges the disability examiner to look, follow-up, and speed up the process.

How significant medical records are?

Medical records are your evidence for your claim. It supports your application and verifies the information that you have stated in your application form. Without it, you and the disability examiner (DE) has no basis to pursue your claim. Your application will eventually be denied. The DE may ask you to undergo a consultative examination (CE).

Registered physicians of the state will administer series of medical exams to fill in missing medical requirements. If the tests results are enough to verify your claim, the decision may be made immediately.

The DDS office has a list of hospitals who submit late medical documents. You may check if your hospital is included in the list, if so you may personally follow up the needed requirements. You also need to inspect if the submitted documents comply with what the DDS is looking for.

Here are some questions that you may ask to the disability examiner:

1. What is the progress of my claim?
2. Are my medical records complete?
3. Which hospital/ physician/ medical staff has not yet submitted the medical records?

Initiate an effort to assist the DE in obtaining the requirements and documents to speed up the process. You may also consult with a professional social security disability attorney in Los Angeles to advice you on legal measures, if your claim is denied.

The Levels of ODAR and SSA Hearings and Appeals

The Social Security Disability Insurance and the Supplemental Security Income are benefit programs both administered by the Social Security Administration. According to the records of SSA, a higher percentage of SSD and SSI initial applications are often rejected. The reason behind this is because most of the first-time applicants don’t know the proper process and qualifications of the program.

If your SSD or SSI benefits application was rejected on initial claim, it is advisable to file an appeal to the SSA instead of filing a new claim, which many of the rejected claimants often do. The SSA has the Office of Disability Adjudication and Review, or ODAR, which oversees the hearings and claims made to the SSA.

Administrative Law Judges (ALJs) conduct the hearings and issue the decision, while the Appeals Council reviews the decision and performs the final administrative evaluation.

Just like applying for SSD or SSI benefits, there is also a proper process for ODAR and SSA hearings and appeals. There are four levels of appeal to follow.

• Reconsideration – The first step is getting someone who was not a part of the previous decision for the claim to review it. Previous and new evidence must be submitted for review.

• Hearing – The hearing will follow if you disagree with the decision made after the reconsideration. It will be administered by an ALJ who did not have a part in the original decision and reconsideration. More evidence and information are welcome during the hearing and any witnesses you bring will be questioned. If you don’t wish to be at the hearing, submit a written letter stating the reasons why you can’t make it. The ALJ will approve it, only if it is okay for the claimant to miss it. But it is important for the claimant to be at the hearing on time. The decision of the hearing will be sent to you.

• Appeals Council – If you are not satisfied with the decision on the hearing, the SSA’s Appeal Council will make a review of your claim again. The Appeals Council may deny a request for review if they deem that the hearing’s decision was right. Otherwise, they will decide on it or return it to ALJ for further review. Whatever their decision may be, expect a letter from the SSA regarding your appeal.

• Federal Court – You may file a lawsuit in a federal court if the Appeals Council’s decision was not right in your opinion or if they decide not to review your case.

Role of ODAR in SSA Hearings and Appealsa

You are entitled to apply for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) if you suddenly acquire a disability, which prevents you from working. However, the Social Security Administration (SSA) may reject your application or claim if it believes that you are not qualified for the benefits provided by the two programs.

Good thing you still have other options. You can still file an appeal if you think the agency made a wrong decision. SSA may require you to attend hearings in order to fully understand and assess your case. These hearings are conducted by the Office of Disability Adjudication and Review (ODAR).

ODAR has 146 hearing offices, four national hearing centers, five satellite officers, and ten regional offices. In addition, there are around 6,100 support staff and 1,300 Administrative Law Judges (ALJs) on its filed organization.

If you want to appeal a rejected application or claim, you should make a written request, which is to be submitted within 60 days starting from the day you received the rejection letter. Social Security will assume that you have received it five days after the date that was placed on it, unless you can prove that there has been a delay in delivering it.

Hearings

It is the second level of the appeals process. If your claim was already reviewed in the reconsideration stage and you do not agree with its outcome, you are entitled to request for a hearing.

This hearing will be administered by an ALJ who was not involved in both the initial and reconsideration processes. It may be conducted near your house, which is more beneficial for you.

During the hearing, you and the witnesses will be questioned by the ALJ. Other witnesses like vocational and medical experts can also provide information that will support your claim.

After the hearing was conducted, the ALJ will study the evidence and come up with a decision.

Appeals Council

If you are still unsatisfied with the ALJ’s decision, you can then ask for a review conducted by the Social Security’s Appeals Council.

Your request may be denied if the Appeals Council thinks that the ALJ’s judgment is accurate. Meanwhile, if it decided that your case should be reviewed, it may give it back to the ALJ for further assessment or it may review the case by itself.

If the Appeals Council refuses to re-assess your case or if you are not happy with the outcome of the review, you have the right to file a case in a federal district court. You will receive a letter, which will give you instructions on how to request for a court review.

Maternity Leave as Short term Disability Benefit for California Employees

Maternity leave is also referred to as family leave. It is a form of short term disability (STD) benefit provided by the government and the employer for expecting or new mothers. The employee is entitled to receive financial assistance and paid leaves according to her status in the company and her eligibility to qualify for the program.

Expecting and new mothers may have up to six weeks of paid leaves. Most companies will have you consume any remaining sick and vacation leaves before you avail of the family leave program. This would not be a disadvantage as sick and vacation leaves are paid by the employer.

The Family and Medical Leave Act (FMLA) stipulates that employees who are expecting or new parents are entitled for a maximum of 12 weeks of leave. Employees can use this for birth medical leave. On the other hand, FMLA provides limited coverage for smaller private companies. State law also provides protection and benefit from pregnancy to recovery.

Short term disability

The Short term disability benefit pays a percentage or the full amount of your salary while you are off from work. California has available short term disability program automatically applied to all legal employees. You also have an option to purchase personal insurance to provide additional coverage for your medication.

Your employer may adopt a group health insurance policy. The private insurer usually includes STD coverage in the group account. The private insurer will pay about 50 to 100 percent of your salary for a number of weeks. The amount will vary depending on the number of years you have rendered, and the quality of your contribution.

You always have an option to avail of private STD insurance plan. The policy provisions may vary depending on your financial and job situation. Personal health care plan offers wider options to cover caesarian delivery and longer weeks of recovery.

If your employer has available STD benefit for you, it will supplement the existing California STD coverage. It means that the state will give you its maximum payment for your salary and health care needs. Meanwhile, the employer will pay for the remaining amount. You will receive separate checks for each.

You will need a one-week waiting period before you can receive the STD payment. You will need to inform your superiors and the human resource manager to help you process the necessary documents. You must complete and submit all requirements before you take your weeks off from work.

If your employer has private insurance plan, you must call your insurer and apply for STD program. Consult with a Short term Disability lawyer in Los Angeles to assist you in your claim.

Understanding SSA Disability Benefits: SSDI and SSI

With the increasing number of people with disability today, the Social Security Administration (SSA) would surely be very busy in providing their disability benefits. Two of the most popular SSA disability benefits are the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI). Many people often get confused in relating to each of them because of their abbreviation similarities.
However, it is crucial to point out that SSDI and SSI are in fact very different benefits. To understand more about their differences, below are some comparisons based on some important factors:
Eligibility
In order to receive any type of disability benefit, an applicant should satisfy several strict requirements. These qualifications are often based on the applicant’s situation and current state of living.
SSDI – Also called Disability Insurance Benefit (DIB), SSDI is the major disability benefit of the SSA. Here are the main requirements for eligibility:
• The employee should have a severe disability that prevents him from performing any gainful activity.
• He should have paid Federal Insurance Contribution Act (FICA) taxes for at least five years over the last 10 years.
SSI – This type of insurance benefit is offered by the SSA for financially-deprived U.S. citizens. Below are some of its qualifications:
• The applicant should either be disabled, blind or over 65 years old.
• He should be a certified U.S. citizen.
• The claimant’s income should not exceed a certain amount, and his assets should not cost more than $2,000 ($3,000 if he is married).
Benefits
SSDI and SSI both offer monthly benefits. However, the bases for their benefits differ greatly. SSDI benefits are based on the contributions of the employee, while SSI claims are based on an applicant’s financial needs. An SSDI claimant would automatically get Medicare after two years of receiving SSDI benefits. On the other hand, SSI beneficiaries would have to apply first before they can receive Medicare.

Continued Eligibility
Both disability benefits have some sort of eligibility review to determine if the disability recipient is still eligible to get benefits. SSI’s primary concern is an individual’s income, while SSDI conducts Continuing Disability Reviews.
SSDI and SSI would indeed make lives easier and more fulfilling for disabled individuals. However, applicants should make sure that they meet the specific requirements of each disability benefit in order to start receiving financial benefits. Disability claimants should also be warned that falsification of documents and statements are prohibited when submitting qualifications. If an applicant was found to be making false information about his situation, he would be barred to get any SSA benefit for a certain period of time.

Preventing Identity Theft through Social Security Number

Over the years, identity theft has grown to become one of the biggest crimes committed in America. Almost 10 million people in the US have already been a victim of this crime. Everyone has a high risk of having their identities stolen through identification cards, ATMs or social security numbers that people carry around every day. It has been a source of financial troubles for many citizens.
According to reports, most identity theft cases were done through acquiring a person’s Social Security number. The Federal Bureau of Investigation claims that citizens have the right to refuse the disclosure of their Social Security number because it is considered confidential, especially if the institution asking for it is not related to the government or banks (though there are some banks that allow the non-disclosure of their customers’ SS Number).
It’s surprising how easy it is for someone to steal personal information about another. Some of the tactics identity thieves do are:
• Stealing wallets, bags or purses, where ID’s, ATM’s, calling cards, and other documents that reveal a person’s basic information are contained
• Stealing mail left inside mailboxes or outside the house
• Snooping on personal information on the web that the users filled out
• Sorting through trash for anything that may contain important data
• Pretending to be someone who legally needs information about a person through another party
• Buying the information from “inside” sources
When someone else gets hold of your SS Number, they now have the power to acquire more information about you. Most cases include a thief applying credit cards under your name. They will then use the cards to buy and pay for lots of things, but instead of them paying the credit, the debt will go under your name. You will only find out about the identity theft once the credit card companies look for you or if you get declined for a credit you applied for yourself, because the debt of the thief reflected under your name.
The safety of a person’s Social Security Number and Identity Theft protection are issues that should be initially addressed by the individual. Recognize the confidentiality of your number and do not give it to other people so easily. Avoid posting personal information about yourself, especially on the net where it’s never secured. Any documents that include information should be kept at a safe place, preferably at home. If you suspect that someone has stolen your SS number, report it right away to the Social Security Administration and contact creditors that the thief may have communicated with.

How to Avoid Social Security Number Theft

Thieves target Social Security Numbers (SSNs) because most public and private transactions use SSN as basic identification for each citizen. A stolen SSN can be used by one person to assume another person’s identity and access most of your personal accounts like credit and bank.

The thief can also use this SSN to open new credit accounts and purchase items and take advantage of the SSN to obtain health coverage and employment privileges.

The government is now considering measures to limit the use of SSNs in government transactions and to lessen fraud claims and SSN stealing.

Seeking other alternative unique identification system for the citizens may hamper the increase in stolen SSNs.

The Social Security Administration (SSA) is now seeking ways to limit the mailing of benefit statements. SSA will restrict other public and private offices from requiring citizens to present SSN as identification and requirement for various transaction/loan/employment means.

The Federal Trade Commission (FTC) proposes that the government honor the transaction, documents, and identification cards of recognized private institutions. Today, some banks and institutions have authentication approval from the government.

FTC has delineated specific measures to stop SNN theft. These are:

1. Prohibition on public display of SSN
2. Enforce regulation for SSN safekeeping
3. Assign specific personnel which will address SNN theft cases.
4. Provide means for private institutions to gain recognition from the government.

Identity theft is a criminal act. Federal and state law has strict measures on penalizing wrongdoers. When your SSN is stolen, the thief can use it to apply for loan, set up utilities, or purchase furniture and appliances. Thieves can hand your SSN to police when arrested of impaired driving violation. Worse, the thief can file a bankruptcy and receive a big sum of money.

These are all threats and perceived losses arising from a stolen SSN. To avoid such things, here are some safety guidelines for your SSN.

1. Make sure that all your employment records (including SSN) in the human resource office are kept securely and treated as confidential.

2. Have a tight storage bin for your SSN and highly confidential documents.
3. Destroy all expired credit cards or bank accounts that contain your SSN.
4. Make a request to change your identification number if it resembles your SSN.
5. Do not use any series of numbers from your SSN as password for your other accounts.

If you are a victim of SSN theft, consult an Identity Theft protection lawyer in Los Angeles and learn more on how you can recover damages for your losses.