Requesting Accommodations at Work

Reasonable accommodations at work are granted to all employees who qualify for a disability under the Americans with Disabilities Act (ADA). Any employee with a disability has the right to alternative working conditions that allow that employee to continue working despite having a disability. However, you will need evidence and explanations for how your disability limits your abilities to qualify for accommodations. Try talking to a Philadelphia disability lawyer if you experience trouble trying to obtain these accommodations from your employer.

Basics of Reasonable Accommodations

The ADA demands employers with 15 or more employees to offer accommodations to workers with disabilities, but not if an accommodation creates undue hardship. Undue hardship is anything that slows down the workplace in a way that could harm productivity or business. The main types of reasonable accommodations are changes to job application customs, the work environment, ways a job is performed, and equal benefits of employment.

Certain tasks at work may no longer be attainable for someone with an acquired disability. For example, someone in a wheelchair may not be able to operate the forklift anymore, but can still organize paperwork or work on projects that do not require heavy machinery. Other aspects of a job that may need to be altered to fit the limitations of having a disability are rules for breaks and time allotted to complete a task.

Ways to Request Accommodations at Work

Other examples of reasonable accommodations are providing closer parking, allowing therapy pets in the workplace, installing equipment to make a job more accessible, or reassigning disabled employees to a more suitable task. There are various ways to go about requesting these accommodations. The first step is to set up a meeting with your employer to inform them of what disability you have and what accommodations you will need to continue working there.

Explain how your disability limits your ability to perform certain aspects of the job and provide doctor’s notes if your employer asks for them. Not everyone knows the symptoms of every disability, so be patient, but informative. After this disclosure process, your employer may negotiate a deal with you that incorporates or omits some of your requests. Changes will be implemented after an agreement is reached.

Depending on which disability you have, your condition may require ongoing accommodations. Be sure to let your employer know this in advance. For example, disabilities associated with degenerative brain diseases usually become worse as time progresses. Explain this to your employer so there are no surprises in the future. A mutual understanding can prevent conflict.

Long-Term Disability Lawyer in Philadelphia

Some employers fail to follow the policies of the ADA, which leaves employees without proper accommodations. You may not have to settle for no accommodations if you speak with a Philadelphia disability attorney. Contact Edelstein & Nelson at (800) – 300 – 0909 for consultation and we will answer your questions or concerns. We have worked with clients for years to help fill out applications for disability benefits, organize medical files for evidence, and fight for their rights in court.

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Can You Apply for Disability Benefits if You Have Back Pain?

Not everyone with a disability can work a job each week. Social Security Disability Insurance (SSDI) offers a certain amount of income a month to people who are suffering with a disability that limits them. However, this program is aware of people who use a fake or minor disabilities to receive benefits that they do not actually need. This is why the application process is designed to be thorough, with specific requirements that need to be met before a person can qualify. A Philadelphia disability lawyer can help you fill out the application if you are experiencing hold ups.

What You Need to Qualify for Back Pain

Back pain is one of the most difficult things to apply for when it comes to disability benefits because back pain is also the most common disability that people apply for. Your application will require evidence that you have been diagnosed with back pain that impairs your usual physical activity. This means obtaining copies of your X-rays, MRIs, or doctor’s notes from your primary physician. Ask your doctor if there is any other copies of medical records that could be used to prove that your back pain limits how much you can do.

Back pain is not officially listed under the categories of disabilities, but there are categories that are similar and that may apply to your condition. For example, rheumatoid arthritis is one category that describes fixation of the spine, which can cause back pain. Choose the category that best fits your current back condition.

You will also be required to prove how your back pain limits your ability to hold a job. Have your doctor list out how your condition impairs physical activity, like whether you need a cane or whether you have trouble standing up fully.

Specific Qualifications for Degenerative Disc Disease

Degenerative disc disease is a serious medical condition that can cause chronic back pain, but is not listed by SSDI. This condition causes the spinal discs to break down until the nerve endings of the spinal cord grow smaller. People with this disease experience pain and musculoskeletal problems that can impair movement.

When it comes to figuring out which category to match degenerative disc disease with, many people look for the osteoarthritis and spinal stenosis categories. If your doctor has confirmed that you have developed nerve or spinal cord damage from this disease, then there are other factors that you can provide in your application. These include documentation for nerve root compression, spinal arachnoiditis, or lumbar spinal stenosis.

Philadelphia Disability Attorney

Try talking to a Philadelphia long-term disability attorney if you have been diagnosed with a medical condition that causes back pain or degenerative disc disease. Do not settle for no disability benefits if your application was denied the first time. To find an attorney right for you, call Edelstein & Nelson at (800) – 300 – 0909 for consultation. We have years of experience in helping clients filling out applications for disability benefits, collecting appropriate medical records, and figuring out how you can qualify if your medical condition or disability is not explicitly listed.

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Are There Disability Benefits for Seizures?

Disability benefits are not usually given to people who have only had one seizure, but these benefits may be available for those who have been diagnosed with a seizure disorder like epilepsy. This is because reoccurring seizures can disrupt a person’s performance at work. Depending on what job you have, seizures can place your life or the lives of co-workers in danger. A seizure could lead a crane operator or bus driver to commit a dangerous mistake.

Applying for disability benefits can be confusing at times. However, Philadelphia disability lawyers have years of experience with these types of applications and will know what to do if your application is denied.

Differences Between Seizures and Epilepsy

Experiencing a seizure in the past does not mean you have epilepsy. Epilepsy describes a brain disorder in which a person has two or more seizures that can range from mild to deadly. Fortunately, many seizure disorders can be managed successfully with proper prescription medications or surgery. However, some people have to struggle with reoccurring seizures for life.

The cause of seizures lies within the way neurons interact. Seizures can occur when neurons fire at unnaturally high rates. Common causes of abnormal neuronal activity are brain injuries, illnesses, or abnormal brain development. Symptoms of a seizure can be disabling:

• Abnormal behaviors or emotions
• Convulsions
• Involuntary muscle spasms
• Passing out unexpectedly

Severe seizures that last longer than a few minutes can lead to a coma or death if left untreated. These kinds of seizures can make driving to work deadly, which is why some people refuse to provide driver’s licenses to people with seizure disorders.

How to Apply for Disability Benefits

The Social Security Administration (SSA) will be looking for ways your seizure disorder impairs your performance at work. You need to list all of these in your application and be specific when you need to. If you have unexpected seizures, prolonged episodes, or certain stimuli that set off your seizure, be sure to mention these. This is the most important part of your application because disability benefits exist for those who cannot physically work at a standard job.

To be considered permanently disabled by the SSA, you will need to have seizures that are tonic-clonic or dyscognitive. Check with your doctor to see if you meet these specifications. The SSA may ask for medical records like MRI scans, CAT Scans, a list of your medications, or doctor notes. They also require other documents related to your income like tax information, your full work history, and previous income.

Long-Term Disability Lawyer in Philadelphia

Do not hesitate to ask for help from a Philadelphia long-term disability lawyer if you have recently been diagnosed with a seizure disorder and are concerned about not receiving benefits. Contact the Philadelphia disability lawyers at Edelstein & Nelson by calling (800) – 300 – 0909 for consultation. If your disability benefits application has been denied, do not give up and settle. We can help you figure out why your application was denied, assess your medical condition more deeply, and collect the relevant documents to ensure your next application is ready for review.

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Disability Benefits for Cancer

Cancer is not something anyone wants to hear their doctor say because of the psychological and physical effects this disease can cause. Chemotherapy and biological treatments only add to the negative effects. This makes holding a job challenging due to the unpredictable nature of certain symptoms and the scheduling overlaps between work and treatment.

Social security disability benefits are offered to cancer patients to make up for lost wages or low income. In some cases, you may be denied these benefits. Talk to a Philadelphia disability lawyer if this happens to you.

Short-Term and Long-Term Benefits

Social security benefits offers two main types of benefits that depend on a person’s current circumstances. These benefits provide payments to cancer patients to cover basic life expenses like food and shelter.

Short-term disability benefits are given to patients who will be missing work for brief medical treatment. This means patients can keep their job for up to 6 months of absence and still receive income. The income is paid to them by short-term disability insurance. Disability insurance can be bought by the patient or through an employer. These benefits vary and can cover anywhere from 55 to 100 percent of your salary for a limited period of 26 weeks.

Long-term disability benefits cover expenses for conditions that will last longer than 12 months or cancers that are diagnosed as terminal. These benefits can be purchased in the same way as short-term disability benefits. Social Security Disability Insurance and Supplemental Security Income are both offered for these types of situations, but patients must qualify as disabled according to their policies.

Social Security Disability Insurance usually only accepts patients who have contributed to Social Security for several years through paychecks. Social Security Income is solely based on income.

Applying for Cancer Disability Benefits

The benefits you receive while applying for disability will vary depending on what type of cancer you have been diagnosed with, whether the cancer is terminal, and on how long the cancer will be expected to last. These specific benefits can be found in the Blue Book on the Social Security Administration website.

Patients with an aggressive form of cancer that spreads quickly need benefits right away. This is why the Social Security Administration offers a Compassionate Allowance program, which reviews applications faster for patients with aggressive cancer. A patient must have a cancer that has spread, is inoperable, or recurrent to qualify for this program.

You will need evidence to apply for any of the above benefits. Evidence means medical records, doctor notes, and explanations for how current symptoms impair work performance. Be patient with the application process and fill out the forms as accurately as you can. Leaving something blank could slow down the process.

Long-Term Disability Lawyer in Philadelphia

Consider talking to a Philadelphia disability lawyer if you have been wrongfully denied short-term or long-term disability benefits as a cancer patient. You can contact the Philadelphia disability lawyers at Edelstein & Nelson by dialing (800) – 300 – 0909 for consultation. You should not have to go without proper benefits if you are suffering with a critical medical condition that affects your work performance. Let us work with you to defend your rights.

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Can I Request Work from Home If I Have a Disability?

The Americans with Disabilities Act (ADA) supports the idea that granting an employee’s request to work from home is a reasonable accommodation for that employee’s disability. A reasonable accommodation is a change in workplace practices to make the job manageable for employees with disabilities. This accounts for applying for jobs, certain task requirements of a job, and equal opportunity for any benefits the jobs provide to other employees. If you have been denied these rights, talk to a Philadelphia disability lawyer about reasonable accommodations.

Limits on Your Request

Reasonable accommodations are expected to be made for employees with disabilities that would otherwise impair work performance or place significant strain of the employee. However, the law also places limits on reasonable accommodations to ensure that employers do not drop in their performance.

Undue hardship asserts that reasonable accommodations should not be granted if the accommodation causes hardship to the employer. Undue hardship can mean accommodations that are disruptive to the workplace, complicated enough to impair other’s work performances, expensive, or drastically time-consuming. This rule protects the employer’s business from potential failure.

It is for these reasons that certain jobs may not allow you to work from home, even if you have a disability. Certain jobs, like cashiers, oil field workers, and similar jobs that require a physical hands-on presence at work, cannot allow employees to work from home because there is no such work that can be done. A cashier cannot serve customers unless they are physically in front of the register.

How to Request Work from Home

The first step is to talk to your boss or supervisor about your situation. This does not need to be a formal meeting. Explain your new medical condition, what the doctors told you, and how this condition will affect your job performance.

Most supervisors try to make sure your medical condition fits the definition of a disability according to the ADA, as is their responsibility under the law. However, some supervisors may neglect the rules and fail to offer employees reasonable accommodations. Others may require further evidence than what you explain to them. What you can do is have your doctor write a note or give you a copy of your medical records that indicate the impairments of your disability.

There are various reasons why you may need to work from home. Your scheduled physical therapy visits each week could make going to your job unreasonably difficult. Recovery from surgery may only require a week or two of working from your home. Some disabilities can induce unexpected impairments that can make going to work dangerous. This would necessitate working from home as both a safety precaution and a way to prevent potential disruptions at work.

Philadelphia Disability Attorney

If you have been denied reasonable accommodations at work and are struggling financially as a result, then consider consulting with a Philadelphia long-term disability lawyer. You can call the Philadelphia disability lawyers today at Edelstein & Nelson at (800) 300–0909 for consultation. We work with our clients to fight for their rights in the workplace.

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Obstacles to LTD Benefits for Parkinson’s Disease

Parkinson’s Disease is a neural disorder that negatively affects the nervous system over a span of several years. The psychological and physical impairments of this disorder worsen over time, which can have an effect on performance at work. Without a job, the medical expenses for Parkinson’s medications and doctor visits can put someone in debt if they have no one to support them financially. However, there are LTD Benefits that can help people with Parkinson’s keep a job or pay the bills.

Obstacles arise when insurance companies change claims due to a lack of evidence for the impairments of Parkinson’s. Some jobs may fail to offer appropriate accommodations for their employees and LTD Benefits can be denied if something is missing on your application. There is no need to panic though, because Philadelphia disability lawyers can offer assistance in filing for LTD benefits to ensure that you receive the help you need.

Impairments of Parkinson’s

To understand why holding a job with Parkinson’s is so challenging, it is helpful to know the symptoms of this disease. Most symptoms of Parkinson’s correspond to motor impairments that can include:

• Bradykinesia – slower overall body movement, especially in the legs
• Muscular Rigidity – overall body movement becomes stiff, sometimes accompanied with physical pain
• Muscular Tremors – shaking of the arms or legs

When combined, these muscle movements can disrupt a person’s ability to write correctly, speak clearly, walk, or maintain balance. In terms of work performance, these motor symptoms can slow down worker productivity or momentarily prevent you from completing an assigned task. On top of all this, there are also cognitive symptoms that can impair thinking:

• Attention and memory problems
• Visual hallucinations and paranoia
• Visuospatial impairments – problems between the vision and the perception of one’s body in comparison to the external environment

Visuospatial impairments alone can greatly disrupt normal hands-on work like mechanical repairs or organizing files. In severe cases, some people experience a form of dementia, which involves memory loss. As Parkinson’s becomes worse, the symptoms impair basic tasks at greater levels.

Potential LTD Benefits

LTD Benefits includes Social Security Disability Insurance (SSDI), Supplemental Security Income, and employee accommodations. SSDI offers income supplements to help pay for bills and Medicaid, which can cover a substantial amount of your medical bills. Supplemental Security Income also offers income in the form of a monthly stipend to cover basic needs. This stipend is intended to cover house payments, food, and clothes.

Employers with Parkinson’s may be eligible for short term disability plans. These plans pay you a portion of your salary if you leave work after being diagnosed with Parkinson’s. However, these benefits all require an application process with certain criteria and if someone believes that evidence is lacking in your favor, you may be denied these benefits.

Long-Term Disability Lawyers

If you have been recently denied LTD Benefits after being diagnosed with Parkinson’s Disease and you are struggling financially as a result, then try talking to a Philadelphia disability lawyer. Contact the Philadelphia disability lawyers at Edelstein & Nelson at (800) – 300 – 0909 for consultation. We will answer your questions and will fight to repair your financial dilemma.

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Will You Be Fired for Attending Rehab for Alcoholism?

Alcoholism is considered a disability by the Americans with Disabilities Act (ADA) because people who are addicted to alcohol have little-to-no control over their drinking patterns. A disability impairs performance in different areas of life and is something a person has no control over. If you are attending rehab for alcoholism, you should not be fired because you are taking active steps to overcome your addiction. However, whether you can keep your job can depend on the severity of your alcoholism and whether alcohol problems are carried into the workplace.

Accommodations for Alcoholism

Recovering alcoholics who are able to maintain abstinence and general stability should neither be fired nor denied a job. A person’s history of alcohol problems has no bearing on whether they can currently hold a job. The ADA protects these people and those who are attending rehab.

There are certain accommodations that an employer is required to make if you are an alcoholic attending rehab. Your work schedule will be altered to allow you time to continue attending rehab. You will also be granted a leave of absence if you require prolonged treatment. However, there are limits to accommodations and rules that restrict certain actions that could be detrimental to the workplace.

Workplace Rules for Alcoholism

According to the ADA, employers have the right to forbid the use of alcohol inside the workplace, fire employees who are intoxicated while at work, and demand the same work performance by an employee with alcoholism as any other employee. This means that, even if symptoms of alcoholism, like withdrawal, impair your ability to complete tasks at work, you can still be given the same penalties as other employees who do not have a disability.

This does not always mean you will be fired immediately for poor performance related to alcohol. Whatever penalty an employee without a disability would receive for the transgression is the same penalty that you would receive. Your boss may talk with you about what happened or may give you a written warning.

Accommodations are beneficial but limited. Your employer is not obligated to grant you a leave of absence if treatment does not appear to be improving your problem with alcohol; this especially applies if that treatment has failed multiple times in the past. It is important that you ask for accommodations because employers are not expected to automatically give you accommodations and some may be are unaware of an employee’s problem with alcohol. Rehab will not be offered by your employer, you will need to find one.

Disability Attorneys of Philadelphia

If you are struggling with your use of alcohol or if you are attending rehab and have been wrongfully fired or denied a position, then consider seeking legal guidance. Philadelphia disability lawyers work with clients who have been denied disability benefits and accommodations that different organizations are required to provide. Call the disability lawyers at Edelstein, Martin & Nelson at (800) 300-0909 for a consultation today. We will answer any questions you may have and will fight for the benefits you deserve.

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Long-Term Disability Benefits for Multiple Sclerosis

Multiple Sclerosis (MS) is a disease of the nervous system that negatively affects mental health and movement. For unknown reasons, the coating around the nerve cells is destroyed. Neuronal messages sent to and from the brain are significantly slowed down and some are stopped entirely. This leads to thinking problems, memory lapses, strange sensations of touch, and physical impairments. Any of these symptoms can greatly distract someone from their social life, school, or work.

Those with MS have the right to file for long-term disability benefits, but in some cases, a claim may be denied. Contact a disability lawyer if this happens to you and they will help you collect the evidence needed to ensure your claim is accepted.

The Severity of Multiple Sclerosis

MS can impair work performance, whether the job requires office work or physical labor, because MS affects thoughts and actions. Weakened muscles, poor balance, and strange tactile sensations of numbness or needles can impair jobs that are physically demanding. For office jobs, people with MS may fall behind or make mistakes because of the way this disease disrupts normal thought processes like memory encoding and vision.

This is why long term disability insurance exists to replace lost wages from a physical or mental inability to work. This insurance replaces the income you previously received from your former job if you decide that you can no longer work because of MS. It is important to understand that filing for long-term disability can be a lengthy and sometimes complicated process.

How to File a Long-Term Disability Claim

The reason filing a long-term disability claim is a lengthy process is because you will be required to provide sufficient evidence that you have MS and why MS disrupts your ability to work a job. This entails obtaining medical records that demonstrate proof of myelin loss from MRI scans, a spinal tap, and evoked potential test results. You will need to see a neurologist for an official diagnosis if you suspect you may have MS. Your claim will not likely be accepted based on your word alone.

Benefits are given if you display vision problems, troubled thinking, movement abnormalities like tremors, and muscle weakness. These will be reviewed by Social Security Administration through their Disability Determination Services.

If your claim is accepted, the benefits you receive will cover you and family members if you paid Social Security taxes long enough. A claim may be denied for medical reasons, outdated medical information, or other non-medical reasons. You can file an appeal online if your claim is denied, but if your claim is denied again, a lawyer may be able to help you.

Where to Find Legal Guidance

If you have been struggling with Multiple Sclerosis and have been wrongfully denied long-term disability benefits or if you are planning to file for disability benefits, then consider seeking legal help. Contact the disability lawyers at Edelstein & Nelson at (800) – 300 – 0909 for consultation today. We are here to fight for the benefits you deserve and to help you repair your financial situation.

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Applying for Social Security Disability Benefits Following a Knee Surgery

Who Gets Knee Surgery?

In the United States alone, more than 4.5 million Americans currently have at least one total knee replacement with nearly 1.5 million of those Americans being between 50 – 69 years old. Knee replacements are a fairly common surgery being sought by those who wish to have their mobility returned without the constant pain and struggles that come with the deterioration of the knee, and it’s a surgery that is on the rise with the growing number of older individuals in the country.

Knee surgery is sought by a number of different people. For some, their careers required a lot of physical activity and movement, causing their knees to deteriorate over time. Others had highly active personal lives and hobbies, which contributed to the deterioration of their knees. Still, others seek these surgeries because health issues have caused their knees to need to be replaced so that they can still be mobile and be independent, which is what these surgeries aim to do for those seeking them. Needing a knee replacement means to have easier mobility, a healthier life, and days filled with less pain, which can give a patient a new outlook on life.

Sometimes, though, these surgeries do not accomplish this goal, and so a patient is left in a situation in which they cannot work either to their full capability or cannot work at all, meaning that they will need to begin the process of filing for social security disability benefits, which can be a long process that may require the help of a knowledgeable insurance disability lawyer.

How to Apply for Benefits After Knee Surgery

The application process to get these benefits is a multi-step process, which can be difficult to complete. There are, however, certain steps you can complete yourself to make sure you are pretty well prepared before you talk with a lawyer about setting up your application. These steps include:

Having MRI/CT scans: These scans are required to have for your disability application. They work to show your pre and post-surgery diagnosis, and can clearly show the insurance your disability percentage, which is something they will need while determining if you qualify.

Documented past and current treatment plans: Showing all of the attempts you and your doctors have made to help and manage your pain and situation is important to show to the group deciding if you qualify for disability. If you can show you’ve attempted years of other options and have had no success, the people deciding your eligibility will often more clearly see your need for assistance.

Medical history: Have all pertinent medical history included in your files to show the dates and instances of your health issues and how they have been attempted to be treated will give a clear picture of you as a candidate and will show how seriously you’ve taken your health before this point.

Residual Functional Capacity test: This is necessary if you think you need an MVA. This test shows your ability to do basic functions like standing, sitting, walking, etc. The less you can perform in this test, the more you may qualify for benefits.

There is more to this process, but this is the best place you as a patient can start. Once you have all of these files in place, you can contact the appropriate help and get started on filing all the paperwork to get you the benefits you need.

Enlisting the Help of a Disability Insurance Lawyer

Once you have had an unsuccessful knee surgery and need help with either filing for disability benefits or have been wrongfully denied these benefits, call the lawyers at Edelstein & Nelson. We can help you get the benefits you deserve and help you return to a life that is as normal as possible. Call us today at (800) – 300 – 0909 to discuss your case today.

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Different Diseases that Can Cause You to be Disabled

How a Disease Can Cause You to be Disabled

When most people think of someone who is disabled, they think of someone in a wheelchair, or someone who has lost a limb, or even someone who is older and cannot perform tasks such as driving themselves anymore. While cases like these do fall under disability definitions, there are other forms of disability as well, with many of these cases not being noticed by others.

Those who suffer back pain can be disabled, people who suffer from brain injuries can be disabled, and those with anxiety can be considered disabled as well. In many of these cases, a disability is not necessarily visible, but they do affect those who suffer from them, making day to day tasks and other such responsibilities difficult to complete.

When you are afflicted with a disability that prevents or makes working difficult, you can be left trapped in a place that is difficult to navigate, especially when your insurance company refuses to qualify you for disability benefits. In these cases, be sure to discuss your case with a disability insurance lawyer who can help review your case and make sure you are getting what is fair for your case.

Two Diseases that Can Cause You to be Considered Disabled

There are many diseases and ailments that can cause a person to be considered disabled by employers and by insurance companies. Two of these diseases are known at Lupus and Parkinson’s Disease. When someone is affected by Lupus, they can experience symptoms such as fatigue, pain and swelling in the joints, skin lesions, shortness of breath, chest pain, and confusion or memory loss.

These symptoms can make anyone suffering from Lupus stressed in a job where they need to be able to move, type, or remember certain things for their job. Often, these symptoms can make it difficult for someone with Lupus to even leave the house some days, which can be difficult to explain to an employer. For these reasons, someone with Lupus may qualify for disability, which can help them as they go through life trying to manage their symptoms.

Parkinson’s Disease also causes significant issues for its sufferers. Those with Parkinson’s slowly lose their muscle control, meaning that it can be difficult for them to perform tasks in which muscle coordination is needed. People with Parkinson’s will experience symptoms such as shaking fingers and hands, difficulty walking, difficulty getting out of chairs and seated positions, and altered handwriting.

These symptoms can get worse over time, which can make doing many jobs difficult. For those with Parkinson’s, disability insurance is often something they will need to turn to when they can no longer work, and it’s important that insurance companies approve these people so that they can breathe easy as they adjust to living their lives with their disease.

Insurance Disability Lawyer Ready to Fight for You

After being diagnosed with a condition that makes it hard or nearly impossible to work and having your insurance deny your disability claim, call the Edelstein Martin & Nelson, LLP office at (800) – 300 – 0909. We have helped countless others who are in the same situation as you, and we know we can help you get the disability insurance you need to live your life as stress-free as possible. Call us not to talk with our lawyers today!

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When a Potential Employer Can Ask About Your Disabilities

The Interview Process as Someone Who Has a Disability

When you interview for a new job, you can end up being quite nervous and stressed. Will your possible new employer like you? Will they see the potential you have? Will they decide you’re the best candidate for the job? These questions are universally asked by job seekers, but for those with disabilities, they can often be a secondary thought when thinking about how the interview process will go.

When you have a disability, it can be nerve-wracking to go into an interview and not know what questions are appropriate to be asked. Can your interviewer ask about how your wheelchair will hinder your job performance? Can they ask about how your diabetes will impact your hourly productivity? Can they ask probing questions about how your eyesight affects your day to day life? These questions can put an interviewee in a tight situation in which they do not know how to react. What is appropriate? What can an interviewee say to these questions?

As an interviewee, you are guaranteed certain rights when it comes to interviews, and these rights are not to be violated by anyone. Ultimately, if you feel your rights have been violated in an interview, or you believe the person who interviewed you was biased, talk with a disability lawyer to see what you can do to get the justice you deserve.

When is it Legal for an Employer to Ask About Your Disability?

In an interview process, an employer cannot ask questions related to disability. According to the ADA, or the “Americans with Disabilities Act,” interviewers cannot ask: “disability-related questions or [questions about] medical exams before a real job offer is made.” This means that an interviewer cannot ask questions about a disability, whether obvious or not obvious, you may have as they interview you for a job. When a potential employer asks about your disability in your initial interview, know that they are breaking the law and that they cannot legally ask you such questions as it goes against the ADA, which is a serious offense.

When employers try to ask questions related to your disability, they are expecting you to not know your rights, or perhaps hoping that you are too invested in getting the job you’re interviewing for that you’re willing to answer their illegal questions. If you are in an interview and are being asked questions that infringe on your rights as laid out by the ADA, stop the interview, remind the interviewer of your rights and of their mistakes, and choose whether or not you would like to continue the interview or if you would like to leave the interview.

Always know your rights before entering into an interview and know what is acceptable behavior of your interviewer. Also, do not be afraid to tell them when they are asking you illegal questions, as it is your right to be interviewed fairly and legally.

Disability Insurance Lawyer Here to Protect Your Rights

If you believe you’ve been unfairly discriminated against by a potential employer, seek the help of a disability lawyer today. At Edelstein Martin & Nelson, we know what your rights are, and we are ready to fight to defend your rights in court to get you the justice you need. Call us today at (800) – 300 – 0909.

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Disability for Mental Disorders in Pennsylvania

When you think about disability claims in Pennsylvania, you probably imagine someone falling off a ladder or throwing their back out lifting something. For people whose experience with impairments is limited to the physical, the only reason they can imagine not working is if their bodies are simply unable to go on walking or carrying.

However, people who have struggled with severe anxiety or depression know just how hard it can be to do even the simplest tasks while fighting these and other mental health issues. In fact, you can receive disability insurance benefits for a variety of psychological and mental disorders, just like you can for physical injuries.

Some of the mental disorders that may be covered include:

• Anxiety and depression
• Post-traumatic stress disorder (PTSD)
• Bipolar disorder
• Alzheimer’s disease and dementia
• Schizophrenia
• Multiple personal disorder
• Panic attacks
• Phobias
• OCD
• Mood disorders
• Mental retardation
• Psychosis

Disability Claims for Depression

Most of us are guilty of saying “I’m so anxious” or “I’m so depressed” when we’re having a bad day, but for people who suffer from severe forms of these disorders, simply going about their daily lives can seem impossible,  never mind dealing with stress from work. Imagine this: you work in an office setting, in a cubicle farm surrounded by co-workers. The very thought of social interaction makes you so anxious that you feel physically ill, and you can’t bring yourself to speak to anyone, so you hide behind your computer screen all day. Your work is subpar because you’re unable to communicate, and feeling alone and unliked just makes your depression worse. You’d like to make more money, but you know that if you took a promotion, you’d be forced to interact with people all day long, and they’d come to you with all of their problems and complaints. Many people find themselves so overwhelmed that they aren’t able to show up for work at all.

Disability Claims for Anxiety

The Social Security Administration (SSA) considers anxiety disorders as covered under Section 12.06 of the Blue Book (the listing of disabling impairments), which covers mental disorders. Unfortunately, it can be hard to claim benefits for mental health reasons. It’s easy enough to prove that you’ve broken your leg. Someone might have witnessed your accident, but if not, you’re still going to have X-rays and documentation about visits to the emergency room and specialists.

When trying to prove mental health disorders, things become a lot more subjective. One psychologist or psychiatrist might diagnose a person with a severe anxiety disorder while another might not think it meets that level, and there’s no objective testing that can be done to determine who is right. Much of the diagnosis depends on things that are reported by a patient to their doctor, about thoughts and feelings that take place inside their own head.’

Philadelphia Disability Claim Attorney

That’s why it’s so important to have any possible documentation ready when you’re filing a claim. Having an experienced lawyer to help you fill out the application and make sure all possible paperwork is accounted for will greatly increase your chances of being approved. For a free consultation, contact the Philadelphia disability law firm of  Edelstein Martin & Nelson today at (215) 858-8440, or toll-free at (800) 887-4529.

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Can You Be Fired At-Will in Pennsylvania

What is “At-Will” Employment and Termination?

Unless you live in Montana or have been told otherwise, you are an “at-will” employee. When you are an “at-will” employee, you basically can be fired, or leave your position on your own, at any time for nearly any reason. This can cause frustrations for both employees and employers.

As an at-will employee in Philadelphia, knowing that you can be let go for seemingly no reason at any time is very stressful, especially if you do not get along with your bosses for personal or professional reasons. For an employer, knowing that their employees can leave at any time means that they constantly need to be prepared to refill that position left vacant at any time, which is not always easy to do.

For those working in Pennsylvania, being fired “at-will” is a possibility nearly every employee faces. However, an employee cannot be fired for reasons that could be seen as discriminatory, which can mean an employer cannot fire an employee over their gender, their race, their sexual orientation, or due to a disability they have. When employees know this information, it allows them to fight employers who have committed a crime by firing their employee in a discriminatory way, and it allows them to try to get the justice that they deserve.

After being fired due to your disabilities, call a lawyer who can help you fight your employer’s decision and help you get the compensation you deserve while you figure out what you will do next.

Rules With “At-Will” Termination and Disability

As stated above, employees in Pennsylvania are all, unless specifically told otherwise, “at-will” employees. As an “at-will” employee, you can be fired for a multitude of reasons. You can be fired for losing money from the company you work at, you can be fired for losing important equipment, you can be fired because you don’t “get along” with the other employees at the company, and you can be fired because you’re late too often. All of these reasons can be valid reasons for termination for “at-will” employees.

When an employer fires an employee because of a disability they have that does not hinder their ability to do their job, that employer has now committed a violation. Laws have been put in place to protect employees who are disabled from being wrongly terminated, and all employees, including “at-will” employees, fall under these laws.

When an employee can prove that their firing was due to their disability, it allows for them to take their employer to court and fight for the compensation that is deserved after their termination. Unfortunately, proving that a termination occurred due to an employee’s disabilities can be difficult, which means that, unfortunately, not all cases against unfair termination will be won, but they should be discussed with a lawyer and pursued as far as your lawyer advises.

Disability Insurance Lawyer Here for You

If you believe that you were terminated from your job because you have a disability, call the law offices of Edelstein Martin & Nelson, LLP today. We have years of experience fighting for disabled employees like yourself who have been wrongly terminated and lose their insurance due to their termination, and we know we can help you too. Call us today at (800) – 300 – 0909.  

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Can Anxiety and Depression be Disabilities?

Anxiety and depression are two mental health issues that millions of Americans suffer from every day. These symptoms can be short-lived or can be chronic, depending on factors such as work life, stress, daily tasks, and recent or hard-hitting losses within one’s life. These illnesses can cause a person to experience many different emotions and symptoms that can affect their lives in multiple ways, including their ability to work. When these conditions affect your work life and cause other strains in your personal life, it’s important you take the time to get them attended to and diagnosed so that you can return to your life as best as you can, which can mean taking a break from work.

When dealing with mental health conditions, applying for disability is not something to be ashamed about since it means you’re working to improve your life and get back to a better place for your mental health. Still, many insurance companies will try to deny these claims and say that they cannot be covered. When your disability claim is denied unfairly, it’s important to speak to a knowledgeable and caring insurance disability lawyer who can help you fight your insurance company and get your claim approved accordingly.

What Are Symptoms of Anxiety and Depression?

Anxiety and depression have a variety of symptoms that can be present. Physical symptoms such as chest pains, headaches, muscle pains, and dizziness can be experienced, while mental symptoms such as insomnia, suicidal thoughts, and having low energy are possible to experience as well. All of these symptoms can cause you to have a difficult time completing work, and many times, work will bring on these issues. When experiencing these sorts of issues, it’s best to step away from your working life and seek medical help.

Some of the ways you can help alleviate these symptoms include going to therapy, taking medication, exercising, or using relaxation techniques. Many of these options have been proven to better your mental health, and depending on the severity of your health issues, you may be able to quickly recover and return to life as normal. Others will need extended time to heal their mental health issues, which is perfectly reasonable and encouraged. Not all mental health cases are the same, which means that some will need more time and help. When you have a disability claim helping you take the time you need for your mental health, it allows you the peace of mind to take the time you need and work on getting better without being stressed about work.

Disability Insurance Lawyer Here for You

When suffering through anxiety and depression, it can be hard to feel like you have allies on your side. At Edelstein Martin & Nelson, we want you to know we are here for you after your insurance company denies your disability claim. We will fight hard for you to make sure you are compensated accordingly after your insurance’s actions, and we will fight to help you get the time you need for your health. Call us today to talk about your claim at (800) – 300 – 0909.

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Professional Athletes and Disability

How an Athlete Can Become Disabled

Sports have become an integral part of living for Americans today. Sports make up many of our television channels, sports are the after-school activities for many of America’s youth, and sports are played professionally by an elite group of individuals who are recruited by professional and semi-professional teams.

Professional athletes are recruited for many different sports such as football, soccer, baseball, golf, hockey, tennis, and rugby, just to name a few. These athletes are responsible for winning as many games as they can for their team, which means they’ll be putting in long hours of training, having extended periods of playing their sport non-stop, and having little to no breaks for them to rest and recuperate from their hectic schedule. Due to these conditions, accidents and injuries are more likely to happen, which can cause an athlete to become disabled in one of the worst-case scenarios.

When professional athletes become disabled, they can run into issues trying to collect their disability insurance, which can have disastrous results to that athlete and their family. Being listed as disabled when your career is based on movement and your physical abilities are tough enough as it is, so fighting with the insurance companies can make your life even more difficult than it needs to be. In these cases, you need a disability lawyer on your side who can fight for you and your rights and help you win your case against your insurance company.

Insurance Companies Tactics to Deny Disability Insurance

Injuries due to playing sports are common, with many injuries showing up multiple times for multiple sports. Some of these injuries can end up being disabling, and when that happens, athletes will want to take from their disability insurance as they figure out what they want to or can do next for their profession. Some insurance companies will try to deny athletes their insurance on the basis of topics like:

Pre-Existing Conditions: Insurance companies will try to say your disabling injury was something you’ve had for years and are just trying to use it not to work any longer. Often, this is an underhanded trick these companies use to deny insurance claims. Often, these false claims can be disproved when you have the right lawyer helping fight your case.

Can Still Work in Other Fields: When an athlete can no longer play, many companies can argue that they are able to work in other fields and are, therefore, not disabled. Unfortunately, not all athletes have training in other fields, which means they will need to go back to school or evaluate what they can physically do. Again, this is a trick these companies use to deny claims. Athletes who are disabled and can no longer play their sport are entitled to their disability insurance, which is something many athletes don’t fight for.

“Own Occupation” Denial: An “Own Occupation” policy is a policy that says that when a policyholder can no longer perform the occupation they have been trained for, they are entitled to their disability insurance. Many athletes have these policies but are not always informed on their purpose or helpfulness. If an athlete has one of these policies, an insurance company must nearly always pay them their disability claim.

A Disability Lawyer Here for You

After suffering a disabling injury that ends your athletic career, you may end up fighting your insurance company for the benefits you and your family need to live. At Edelstein Martin & Nelson, LLP, we are ready to help you and your case against the insurance companies. We are experienced and dedicated to helping you win your case and we know we can help you get the compensation you need and help you move on to new opportunities. Call us today at (866) – 532 – 2504.

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Multiple Sclerosis and Disability

What is Multiple Sclerosis?

Autoimmune diseases are frustrating and often disabling diseases. For many of these diseases, no cure is available, meaning that most who suffer from these illnesses will need to medicate and receive care for the rest of their lives to hopefully control and minimize these diseases’ effects.

The autoimmune disease multiple sclerosis, or M.S., is one of the most debilitating and can have a lifetime of painful symptoms. Multiple sclerosis is a condition in which the immune system attacks the coverings of the nerves in the spinal cord, which then affects and disrupts the communications between these nerves and the brain.

The way this disease works is similar to a wire that is covered in a protective layer. When the layer is stripped away, the inner fibers of the wire are exposed, and the electricity that runs through the wire does not run correctly anymore, meaning that whatever the wire runs power to is either getting only partial electrical signals or is getting no signals at all. When the electric currents running to parts of the body are interrupted, the body cannot function correctly. In some cases, this can mean temporary interruptions of function. In other cases, it can mean permanent paralysis. 

Those diagnosed with multiple sclerosis will likely need to file for disability, depending on their skill set and the severity of their illness. However, even with a doctor’s diagnosis and recommendation, some insurance companies will try to deny a disability claim of someone with M.S. When that happens, looking for the advice and services of a disability insurance lawyer is where you should turn to help you get the insurance claim you need and have every right to.

How Can Multiple Sclerosis Affect You?

Multiple sclerosis has a long list of symptoms, which can mean that a diagnosis of M.S. can be difficult to get, especially if your family does not have a history of autoimmune diseases. Some of the symptoms of M.S. are:

• A numb or weak feeling in one or more of your limbs, which can start on either one side of your body or can start at the trunk and legs
• Vision loss that is either complete or partial, usually starting in one eye before progressing to the next eye
• Tingling and/or pain in various parts of your body
• Speech that is slurred
• A lack of coordination and/or tremors
• Dizziness
• Issues dealing with the bowels and bladder function

These symptoms, especially when multiple of them present together, can be signs of M.S. If you experience these symptoms, you should talk with a doctor and get tested. The sooner you are diagnosed, the sooner you can begin treatment to hopefully help control your M.S. and possibly slow its progression. No matter how far along you are in your treatment, however, you have a right to speak with a disability lawyer if your insurance company refuses to help. 

Philadelphia Disability Insurance Lawyer Fighting for You

After your disability claim is wrongfully denied by an insurance company, it’s time for you to seek the help of an insurance disability lawyer. At Edelstein Martin & Nelson, we have experience helping you fight the insurance companies denying you your disability claim. We are ready to help you today, so call us at (800) – 300 – 0909.

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How Does Insurance Bad Faith Affect My Disability?

Definition of Insurance Bad Faith

Insurance is a service we have to help us at times when we really need it. As most insurance works, you pay for a policy that will cover a certain amount of protection. You pay a fee every month for these policies which, hopefully, you’ll never need to use.

When you do need to use these policies, though, you expect that your insurance company will provide the services you’ve paid for and help you through what is probably a difficult time. Although this is the expectation, this is not always how this process works.

When an insurance company does not fulfill their end of an insurance agreement, it is not only exasperating, but it’s also a betrayal to the trust of the insured who paid their fees diligently and are not able to use the policy they continually paid in to.

When an insurance company denies a legitimate insurance claim for the sole purpose of saving money or performs any other unfavorable practice to their customers, it’s known as “insurance bad faith.” Insurance bad faith is an act that is deceitful, hurtful, and all around unfair to those who did everything right.

It’s especially hurtful to those who need these policies to live because they are disabled and cannot receive money to live any other way. Disability claims are serious and should be treated as such by insurance companies, so when your insurance works to deny your disability claim, contact a disability insurance lawyer who can help fight your insurance company and help get your claim rightfully approved.

How Can Insurance Bad Faith Affect My Disability?

When insurance companies do not want to pay your claim, they will employ particularly nasty tactics to make sure your claim is denied or not paid in full. For disability claims, some of these tactics include:

Denying a claim without reason: When an insurance company tries to deny a legitimate claim, they will send back a letter letting the insured know their claim has been denied, but citing no reason for denying the claim. For many people, this letter is all they need to stop their pursuit for their compensation, so insurance companies will use this tactic often hoping that they will not have their customers pursuing their needs further.

Offering less money than the claim’s worth: While you pay for a policy worth $500,000, your insurance company may try to only pay out $100,000, saying that they cannot give you more. This tactic is one that other insured customers accept as well, figuring something is better than nothing. This tactic is also unfair and immoral, especially if an insured person has been paying for that policy for years.

Not paying a valid claim: A final tactic used by insurance companies is to just outright deny your claim with an excuse that is not valid or true. Many companies will try to falsify their proof for denial or make claims that are hard to fight against. Still, for those who make valid claim requests, this behavior is not only unfair but is disgraceful.

When an insurance company denies your claim, for any reason at all, your claim will not be paid to you, meaning that you could be put into a very difficult position of not being able to take care of yourself. In these situations, many people feel alone, rejected, and lowly, all emotions that are unfair to those who deserve to have their claims and policies approved.

Insurance Bad Faith Lawyers

When you file for a disability claim and have it denied by your insurance, many emotions and thoughts will go through your head. What will you do if you cannot get your claim approved? How will you be able to live when you cannot make money because of your disability? Why did your insurance deny a legitimate claim? These are all questions with no clear answer, which can make living in this situation terrifying.

At Edelstein Martin & Nelson, we are here to help prove your disability claim and take your insurance company to court. You do not deserve the disrespect of these companies, and we are here to help you fight against them when they act in such a careless manner. Call us today at (800) – 300 – 0909 to discuss the details of your case!

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Filing an ERISA Claim

What is an ERISA Claim?

An ERISA Claim, or the Employee Retirement Income Security Act, works to protect the interests of employees who are enrolled in a variety of benefit plans while employed. These plans have promised benefits associated with them, so this claim allows employees to be able to collect these benefits that were promised to them by their employers. When an employee files an ERISA Claim, it can be for a multitude of reasons, one of which is due to disability.

Although employers say they will fulfill their promise to their employees by supplying them with the benefits they deserve at the point of their retirement, insurance companies will try to deny employees these benefits, which can not only be unfair, but frustrating. When you experience a rightful ERISA Claim be denied that was filed due to disability, it’s worth looking into a disability insurance lawyer who is ready to fight for your best interests.

How to File for an ERISA Claim

When filing for an ERISA Claim, especially for disability, here are the steps you will follow:

Know the policy: Knowing the policy for the claim you want to file through your work or insurance helps make the filing process easier. If you do not know this policy, you can contact your insurance or the human resources department at your work to have this policy sent to you. If you already know the policy, then you can skip this step.

File your claim based on its type: There are many different types of claims that can be filed. These categories can require different kinds of review, so make sure your claim is filed under the right category to be processed and reviewed correctly.

Your insurance lets you know of their decision: Your insurance will review your claim and decide if they will accept or deny it. For disability claims, it should take 45 days for a decision to be made. If they accept your claim, you can expect the benefits that you were promised to come through. If your claim is denied, then you will not receive the benefits you were promised. If your claim is denied, you can appeal the decision.

The appeal process: When a claim is denied, it is possible to ask for an appeal and have the claim reviewed again. If your insurance denies your claim a second time, you can repeal it a third time through the U.S. Department of Labor for review.

Not all ERISA Claims will be the same, but most of them will follow this pattern. Knowing the process, what your rights are, and how the appeal process works will all help this process go smoother, so be sure to research and talk to the appropriate channels before filing your claim.

Disability Insurance Lawyer for You

When your insurance company denies your rightful disability claim, you can be left in a state of limbo, unsure of what to do or where to turn. At Edelstein Martin & Nelson, we are prepared to look over your claim and help you fight your insurance company to get the benefits you deserve. Filing a claim for disability shouldn’t be stressful, so when your insurance company tries to deny a rightful claim, we are by your side to help you. Call us today at (800) – 300 – 0909 to discuss your case with one of our lawyers.

 

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