If you feel that you are being (or have been) discriminated against here’s some basic Americans With Disabilities Act (ADA) back ground information and easy no cost steps to protect you and help get the ADA accommodations your deserve.
Although I find the recent enhancement to the ADA encouraging I’m still of the opinion that the ADA is written by Big business for Big Business and you have to fight for your rights.
One of the biggest problems with the ADA is ADA attorney’s are typically only interested in ADA cases that they can really cash in on. The result is its often difficult for those that have been discriminated against to get justice.
Here is some criteria for an ADA case that would entice an Attorney..
> Case against company that has lots of money and could be a nice fat settlement,
> The company has A reputation they are concerned about protecting,
> The company is a repeat offenders,
> The case is news worthy.
Of course a combination of all would be best. But unless you have a case that meets some or all of this criteria or you can buck up allot of cash for the ADA attorney my hunch is that legal action is likely not the best option.
Regardless if you case meets the Attractive ADA criteria for an attorney her are 3 simple steps to take to help you find out if you even have a case and how far you can go on your own.
1. Check out the statute of limitations
First is understand what the statute of limitations is in your state. It typically dates back to the date of the last incident and should be between 12 – 18 months.
If the date of last incident falls into this time frame than prepare a written description of the event’s.
2. Learn if you have a case
Contact these agencies below and explaining your situation and ask if they feel you have a case? If at least 2 out of 3 say yes you should file and EEOC complaint.
A. Job accommodation network (Jan)
800-526-7234
B. Equal Employment Opportunity Commission (EEOC)
Find your local EEOC office:
C. Center For Independent Living (CIL)
My goal is to provide you with the wisdom and power to weave through the maze of disability information.
Respectfully
Brian Therrien
To Learn Absolutely Every Thing (You) Must Know About How To Win Your Disability Click Here To Get Your FREE Membership To The Disability Digest!
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
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