Disability Law in America – Know Your Rights
The United States has many laws and programs on the books to help its disabled population. At least 70 million people are fully or partially disabled in this country. These programs exist to protect and assist people who are disabled and not capable of earning a full-time wage.
We spoke with a disability attorney in Brevard County, Florida named Maria about the state of affairs regarding disability in America. She stated that most people are unaware of their rights to certain entitlements based on what they have paid into the system. “People are often hesitant to explore what they are entitled to when they are unable to work. The sooner they look into these programs the better.”
She went on to say that attorneys like her spend their whole careers helping disabled people get approved for disability and even to seek disability backpay. Disability attorneys are not like other attorneys because they are limited to how much they can make from each case. At the time of publication, a disability attorney can make no more than about $10,000 per client for the life of their work together.
“Our goal is simple. We want to get our disabled clients the help that they deserve. These programs are paid into from the very first paycheck you receive. You deserve to get some of that money back should you become disabled.”
A person has the right to apply for disability. If they are denied then they have the right to appeal the decision. However, it is in their best interest to hire a professional attorney to help with this. The chances of being approved increase dramatically with the help of an attorney.
Other programs exist as well. The ABLE (Achieving a Better Life Experience) Act entitles people with disabilities to have a savings account which is shielded from taxes and has no bearing on how much money they receive from the Social Security Administration. Since its inception over ten years ago, over $2B has been placed into these accounts.
COLA is also known as the Cost of Living Adjustment. This program makes changes to payment amounts based on the ever-increasing cost of living brought on by inflation. These changes are applied to all SSA programs and help disabled folks keep up with their bills.
In 1990, the ADA (Americans with Disabilities Act) was signed into law. This law requires businesses to have handicapped accessible entrances and bathrooms as well as accessible parking near the entrance. In an effort to constantly improve, the SSA is always making changes to its operating procedures.
Knowing your rights as a disabled person is only half the battle. Being able to fight to receive what you deserve is the other half. There is no better advocate in this regard than a disability attorney. Most likely you can find an attorney in your area who specializes in this field of law. They don’t get paid unless you do. Consultations are free and can even be done over the phone or on Zoom.
