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Disability
Facts
Most workers are eligible for workers’ compensation coverage, but every state excludes some workers. Exclusions often include:
Business owners
Independent contractors
Casual workers
Domestic employees in private homes
Farm workers
Maritime workers
Railroad employees
Unpaid volunteers
Check the workers’ compensation law of your state to see whether these exclusions affect you.
Disability compensation benefits are payments from public or private funds to a disabled person who cannot work, such as social security or workers’ compensation benefits.
Basically there are two types of disability compensation benefits to which a person can be eligible. The two types are Disability Insurance Benefits and Supplemental Security Income Benefits.
An employee may be eligible for temporary partial disability when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.
State Disability Insurance (SDI) defines disability insurance fraud as any claim for SDI benefits where a person, alone or in collusion with any other person, willfully makes a false statement or misrepresentation, or withholds a material fact for the purpose of collecting SDI benefits. For example, filing a claim with SDI for an injury or illness that does not exist or helping another person file a false claim is insurance fraud.
An individual who commits disability insurance fraud against the SDI program may be disqualified from receiving further benefits for the current claim and future claim(s), and may be liable to repay a 30 percent penalty in addition to the overpayment amount. Any person who falsely certifies to his/her medical condition or to the medical condition of any other person is subject to an additional 25 percent penalty on any overpayment made due to the false medical. If criminally prosecuted, the individual may face additional penalties.
Accessibility is mandated by the US government
As required by the Americans with Disabilities Act, removal of barriers that would hinder a person with a disability from entering, functioning, and working within a facility. Required restructuring of the facility cannot cause undue hardship for the employer.
Newsroom
Latest news about Disability cases in California and nationwide:
Definition:
The provision that permits the exclusion from earnings of the costs of items and services which are needed in order for a disabled individual to work, which are paid for by the individual, and which are necessarily incurred by that individual because of a physical or mental impairment.
Plan for Achieving Self-Support (PASS)
Definition:
Under an approved PASS, recipients of federal SSI may set aside income and/or resources over a period of time to reach a goal to become financially self supporting. The income and resources set aside may later be used to obtain occupational training or education, purchase occupational equipment, establish a business, etc.
Maximum Benefit Period (Benefit Duration)
Definition:
This is the maximum length of time for which benefits are payable under the plan as long as the employee remains continuously disabled.
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