Just when the Social Security Agency finally had a progressive, engaged commissioner in former mayor of Baltimore and governor of Maryland, he’s gone. Effective November 29th Martin O’Malley is resigning to run for chairman of the Democratic National Committee. Among other positive changes made during O’Malley’s all too brief tenure as commissioner was modification of…
The annual cost of living adjustment (COLA) for more than 72.5 million Social Security and SSI recipient for 2025 will be 2.5% as inflation comes under control. The COLA for 2024 was 3.2%. The average retiree will receive $48 more per month next year. The earnings limit for workers younger than full retirement age will…
Summer 2021 Newsletter STILL STANDING…AND PRACTICING I published the first issue of Social Security & You in Spring of 1993. Some years I’ve published more issues than others. The most recent issue was dated Spring 2019: over 2 years ago. The world was a much different place then. Especially for me. Read the full newsletter…
Spring 2019 Newsletter An Opioid Story I’ve changed his name. Let’s call him Gerald. He was a laborer. And by that I don’t mean that he just did physical work. He was a card-carrying member the Labor’s Union local. And that meant a lot to him. I represented him for Social Security disability and Michigan…
If you have a disability but have still be denied Social Security benefits, it may be because you can still do your job, but with workplace accommodations. Find out what to ask for and whether your employer is required to provide it.
Just because you are disabled doesn’t mean you can’t still work. It may instead mean that you will need some workplace accommodations that will allow you to continue to do your job. Under the Americans with Disabilities Act (ADA), your employer is required to provide you reasonable accommodations and a chance to do your job before demoting or firing you.
The accommodations you need will depend on your disability and the nature of your job. They are changes to the work environment or adjustments in how and when the job is performed. They can include:
Some of the common workplace accommodations include reduced hours, seating adjustments, and working remotely. Your employer is only required to give you accommodations that you ask for, so be sure to work with your doctor and social security disability attorney to figure out what adjustments you need to comfortably do your job.
No matter how serious your disability, your employer is only required to provide workplace accommodations if it is “reasonable” to do so. If a requested change would cost too much or interfere too much with the working environment, it can refuse.
Nor does a refusal automatically qualify you for full social security disability benefits. The standard for determining disability isn’t whether you can continue to do the work you have always done. Instead, the Social Security Administration asks whether you are physically able to perform any job you are qualified for. Even if your employer is unable to provide reasonable workplace accommodations, the SSA assumes you may still be able to find work someplace else.
That is why one option available to your employer is to reassign you to a vacant position. However, if your new job has fewer hours or lower pay, that may make you eligible for a partial disability insurance benefits. Such an award will provide you some money to add to what you are able to earn in your reduced employment.
Getting a social security benefits denial can be discouraging. But by working with a social security disability attorney like William Crawforth, you can find ways to continue to work and sometimes receive partial disability compensation to help make up the difference. If you or someone you know needs a workplace accommodation to continue doing their jobs, contact William Crawforth today for a free consultation.