Ada social security impacts with disability(spring lyecum fair 2009) (2)
American Disability Act is the most comprehensive civil protection for people withdisabilities. Its purpose, to prohibit discrimination against people with disabilities in theworkplace both private and public, provide adequate public transportation and publicservices and to make them available and accessible to all people with disabilities. The original ADA was sign into law in 1990 it provided five important titlements.Title I (Employment)Title II (Sate and Local Government) Title III (Public Accommodations) Title IV (Telecommunications) Title V (Miscellaneous)
American Disability Act defines disability in a very broad spectrum:Disabilities are define in three categories: Peoples who currently have a disabilityPeople with a history of disability andPeople who have been perceive as disable by other groups whether true ornot…
Disabilities is not prejudice, it has know biases, it canaffect anyone at anytime regardless of age, race,ethnicity and gender…
Facts: (American Disability Act)Since the 1990’s the ADA has evolved and been amended. Why? Miscarriage of justice andabuse by corporate entities and big business.Reason: Because Congress presume that ADA 1990’s would provide comprehensive anddirect mandate to discrimination against individuals with disabilities. Over the past decade the disability act (1990’s) has been abuse and not follow to fullintent of the law; companies have terminate individuals due to their disabilities… Supreme Court Decisions influence that radical change in the America Disability Act.Four Supreme court decisions change the reflection of disabilities in this country. Theyare as follows:I. Sutton v. United Air Lines, Inc., 527 U.S. 471,119 S.Ct. 2139, 151 L.Ed.2d 61(1999)II. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534U.S. 184, 122 S.Ct. 681,144 L.Ed.2d 450 (2002).These cases enter mitigating circumstances that substantially rule in the favor of the employer statingcertain disabilities does not effect certain normal basic function of life activities…….These court decisions allowed employers to construe what action impacts their workenvironment…ADAAA (American Disability Act “Amendment Act of 2008) passed by Congress (September2008) and signed into law by President Bush.This amendment became effective January 2009…In essence suspends any interpretation by companies to determine who is disable and it isnot, in addition, no company can terminate any individual who becomes disable during theduration of their employment…
48.4 million Americans received Social Security benefits asof December 2005, an increase of 738,500 since December2004;7.5 million Americans received benefits based ondisability---6,519,000 disabled workers, 768,500 disabledadult children and 213,000 disabled widows and widowers. Inaddition, 153,800 spouses and 1,564,300 minor and studentchildren of disabled workers received benefits;7,113,879 persons received federally administered SSIpayments---or 126,000 more than the previous year. Of thetotal, 1,994,511 (28%) were aged 65 or older; 4,082,870(57.4%) were blind or disabled aged 18-64; and 1,036,498(14.6%) were blind or disabled under age 18, and total SSIpayments were $37.2 billion in 2005, up 3.2% from 2004.Federally administered state supplementation totaled $4.2billion.
Table 1.Number of people receiving Social Security, Supplemental Security Income, or both, March 2008 (in thousands)Type of beneficiary TotalSocialSecurity onlySSI onlyBoth SocialSecurityand SSIAll beneficiaries 55,034 47,634 4,800 2,600Aged 65 or older 36,251 34,229 868 1,154Disabled, under age 65 a11,766 6,388 3,932 1,446Other b7,017 7,017 . . . . . .SOURCE: Social Security Administration, Master Beneficiary Record, 100 percent data. Social Security Administration, SupplementalSecurity Record, 100 percent data.NOTES: Data are for the end of the specified month. Only Social Security beneficiaries in current-payment status are included. . . . =not applicable.a. Includes children receiving SSI on the basis of their own disability.b. Social Security beneficiaries who are neither aged nor disabled (for example, early retirees, young survivors).CONTACT: Art Kahn or email@example.com for further information.
Table 3.Supplemental Security Income recipients, March 2008AgeRecipients Totalpayments a(millionsof dollars)Averagemonthlypayment b(dollars)Number(thousands)PercentAll recipients 7,400 100.0 3,770 476.90Under 18 1,126 15.2 671 567.5018–64 4,251 57.5 2,300 492.5065 or older 2,022 27.3 799 393.50SOURCE: Social Security Administration, Supplemental Security Record, 100 percent data.NOTE: Data are for the end of the specified month.a. Includes retroactive payments.b. Excludes retroactive payments.
Teachers, Professors , Counselors are not immune tocatastrophicmedical issues or other tragedies that may rendered the needfor social intervention.Whether you are working professional or the potential moneymaker of the family; if tragedy happens you can be one–step ofaway from the impact of a disability.Social agencies can protect you and help you through hard times.Yes! If you understand the system and the stipulation and thebureaucratic paperwork to qualified.
The question is yes , but do you know the system and can yousustain the wait.
Several factors can play a role in going from living the Americandream to being disable.Key Indicators : Lack of family support can be a detriment to survivingdisability. Understanding you asset can limited the amount of help youreceive from disability benefits. Rejection of insurance claims can affect your disability benefits.
“The Social Security system is choking on paperworkand spending millions of dollars a year screeningdubious applications for disability benefits” accordingMary Walsh, New York Times. Many insurance companies are inferring thatclaimants suffering on-job injuries applied for SocialSecurity benefits. Claimants are knowingly being rejected, due to thehigher restrictions that are place on disability bySocial Security The benefit is insurance companies can prolongpayment of claim before initiating pay-out. Fiscal revenues represent the insurance companiesassets to share-holders to pay out claimants
Family support plays a strong role inmaintaining the mental state of mind: Because the process from start tofinished to acquire disability insuranceis lengthy. The ability to stay positive duringthe process will ultimately determineyour fate. Strong family support= stability andcommunication.
Understanding the process from start to finished, and how toprepared for the rigorous process of gaining eligibility. DSHS: The process and how it can provide a temporarysupport system for you.DSHS can provide you an advocate during the disabilityprocess. Social Security/SSI Benefits and understanding the politicalmechanism and the differences between two separateprograms.
Medical documentation is a high premium to providingfactual evidence to supporting your Social Security case. You need current and consistent medicaldocumentation.Social Security have several ways to prove disabilitycases. Mental and Physical docmentations are two viable waysto prove disability in a Social Security case. Reliable expert witness, such as medical physician,counselor or psychiatrist can be your friends.
Remember, social security is here to present their sideof the case. Contrary to average person perceptionsocial security is for the most part an Insurancecompany. Therefore, you have to prove your case. Assuch, social security will be bringing their own expertswitness to refute any testimony that your witnessesprovide. (vocational counselor, psychiatrist, and medicalphysicians)
The process from the initial review (application) to the determinationof your case can be quite lengthy. Although, there are some caseswhere determination of a case can take as little 5 months. That isthe exception and not the rule.The average wait time in the state of Washington is approximately 18months. But can take up to 36 months to gain a determination onyour case. Some of these factors were mention early in thispresentation.Below is a listing of the process from start to finished. (this includesother levels that can be implemented if your case is denied) The application (review process) The reconsideration (If the initial review process is denied/about93% of the time the process is initial denied) The Administrative Hearing (Administrative Judge hears theappeal if reconsideration is denied) The Appeals Council (Located in Virginia) hears the appeal Federal Court Hearing (last resort) if all others levels have beenexhausted. (total process can take up to 3 years for determination)