Congress has passed some encouraging legislation expanding The Americans with Disabilities Act (ADA) and better protecting for disabled Americans.
On Sept. 11, (of all days) the Senate amended the Americans with Disabilities Act (ADA) to redefine the term “disability”. My interpretation of the goal of the amendment is to further deter employers from discrimination against qualified job candidates because of their disability.
Before the amendment the ADA required employers to make accommodations for disabled employees. However since 1990 several court decisions narrowed the qualifications which watered down the ADA making some disabled not eligible for protection under the ADA.
This Amendment to the ADA defines a disability as “a physical or mental impairment that substantially limits one or more major life activities.” This amendment is target at helping those Americans with leukemia, lymphoma and myeloma because it covers bodily functions impacted by treatment of a condition.
An example would be someone suffering from cancer is they are likely suffering from conditions related to treatment, like fatigue and discomfort. In these instances one would receive disability coverage under this new legislation. In addition to this it gave workers the right to sue their employer if they believe they are mistreated.
To get the full story click here
To learn all about the ADA click here
If you feel you are being or have been discriminated against stay tuned in this blog for tips and resources to help you get the treatment your deserve ..
Regards
Brian Therrien
Understanding Continuing Disability Reviews: Key Updates and Guidance
Welcome to our latest blog post where we delve into the critical topic of Continuing Disability Reviews (CDRs), which are essential for individuals receiving disability benefits. The focus today is on recent statistics and personal anecdotes that highlight the ongoing importance of staying informed about CDRs.
What is a Continuing Disability Review?
A Continuing Disability Review is a routine process for individuals who have been approved for disability benefits. The Social Security Administration (SSA) conducts these reviews to determine if the health of a beneficiary has improved to the point where they can return to work, and thus no longer qualify for benefits.
Recent Case and Discussion
Recently, a case surfaced involving a person who had been receiving Social Security Disability Insurance (SSDI) for end-stage kidney failure since they were 20. Despite their condition remaining unchanged, they received a notification of health improvement at age 50 and were at risk of losing their benefits. This situation underscores the unpredictability and significance of understanding the CDR process.
How CDRs Work
During a CDR, beneficiaries might be asked to complete a short or long form detailing their current health status. The forms are then reviewed, and if further information is needed, a full medical review may be initiated. It's crucial for recipients to respond promptly to any communications from the SSA to avoid complications or cessation of benefits.
Statistics and Trends
In 2022, approximately 1.5 million of the estimated 9 million disability recipients underwent CDRs. Of these, about 125,000 had their benefits terminated. These statistics reflect a consistent review rate, with an apparent annual increase in the number of reviews conducted, emphasizing the necessity for beneficiaries to stay vigilant.
Key Takeaways
Stay Informed: Always keep your contact information up to date and pay close attention to all correspondence from the SSA. Missing a notification or failing to respond can lead to benefit termination.
Understand the Review Frequency: Depending on the expectation of medical improvement, reviews may occur more frequently. Typically, conditions considered likely to improve are reviewed sooner and more often.
Prepare Adequately: If a review is scheduled, ensure all medical documentation is current and complete. Understanding the review process and preparing accordingly can significantly affect the outcome.
Seek Expert Advice: Engaging with professionals who specialize in disability rights and CDRs can provide crucial support and guidance. For instance, next week, we will feature an in-depth discussion with Attorney James Mitchell Brown, a veteran in the field of social security disability.
Conclusion
Continuing Disability Reviews are a standard part of the disability benefits process, but they can be daunting. By staying informed, prepared, and proactive, beneficiaries can navigate these reviews successfully. Remember, the goal is not only to retain benefits but also to ensure that the support aligns correctly with the individual’s current health needs.
Stay tuned for more updates and expert insights in our upcoming posts, and don't hesitate to reach out with your questions or for further information.
Brian
The FREE Local Resource That 87% of People Don’t Know About (That Could Make or Break Your Disability Benefits)
Brian
The Spoon Theory: A Real-Life Guide to Managing Energy with Chronic Illness
Brian
What To Do If SSA Surveillance Leads to a Mistake — And You’re Blamed for It
