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Disability Issues

Ask questions here about types of disabilities whether mental or physical and the laws that protect the disabled.

1,016 Questions

Can you receive 100 VA disability and still work full time?

I work at a VA clinic and three employees here work full time and are 100%.

(ADDED by McHammer38)

There are actually two ways to receive 100% VA disability. One is to be rated 100% based off the severity of your service-connected disability and the other is called Individual Unemployability (IU).

Individual Unemployability is a part of the VA's disability compensation program that allows the VA to pay certain veterans compensation at the 100% rate, even though the VA has not rated their service-connected disabilities at the total level.

A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:

· One service-connected disability ratable at 60percent or more, OR

  • Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.

  • Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
  • Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only.

Though it may sound counter-intuitive, if the veteran gets a rating of 100% disabled, he is allowed to work full time. This was explained to me by a VA counsellor. It made sense at the time, but I can't recall the logic now.

Hope that helps.

Is a building permit required to build a wheelchair ramp in Macoupin County IL?

Your local building code office would know the answer, but in general any structural modification to a building would need to be built according to safety code and a wheelchair ramp built to comply with accessibility code. It is usually better to find out before you build rather than risk a big fine and having to re-do the construction later.

If a person goes to prison will they continue to get a disability check?

When a person goes to prison, he or she is no longer considered a citizen. Ergo, you probably will not get any further assistance like disability.

When I turn 65 will I be able to get Medicare for I am on Social Security now?

Yes. If you are collecting Social Security retirement benefits, you become eligible for Medicare at age 65, but the SSA recommends applying three months before your birthday to prevent any delay in coverage.

If you are on Social Security disability, you become eligible for Medicare approximately two years after the date your award letter says you became disabled, regardless of your age. If you were declared disabled 24 months or more before disability was approved, you still have to endure the five-month waiting period before your coverage begins.

What is the individuals with disabilities education act?

A 1990 federal act providing a free, appropriate education to disabled youth between three and twenty-one years of age. IDEA superseded the earlier Education for all Handicapped Children Act.

Can you be totally disabled and still draw a Social Security check and earn money?

If you meet Social Security disability determination guidelines, you can work and continue to receive your monthly benefit check as long as your average monthly earnings do not exceed what SSA considers Substantial Gainful Activity (SGA). In 2010, SGA is $1,000 per month for most disabilities, and $1,640 for blindness.

The Social Security Administration discourages people from attempting to work during the first 24 months following disability approval, because doing so may cause your case to be reevaluated and may result in termination of disability status.

How can you stop Social Security disability checks if you don't want to continue receiving them?

You can elect to discontinue Social Security disability benefits at any time; however, you may have to pay a visit to your local field office to prove you are the person to whom the check or deposit is issued.

If your husband has end stage liver disease and he receives Social Security payments can you get paid for taking care of your husband?

No, it is assumed that one spouse will care for the other during illness or troubled times. That is the basis of the "sickness or in health..for richer or poorer" that is included in the traditional wedding vows. Even if one did actually take such vows, the presumption is still morally and legally valid. YES YOU CAN MY MOM TAKES CARE OF MY DAD AND GETS PAID FOR IT BUT ITS NOT THAT MUCH, AND I DONT THINK THATS RIGHT AND I THINK MY MOM IS WRONG FOR DOING THAT CUZ IF YOU REALLY LUV SOMEONE THE MONEY SHOULDNT MATTER!

Can you be denied an apartment at a tax credit community if your credit is bad because of disability?

You can be denied an apartment by any community and for any reason except reasons for which a person is discriminated against: color, sex, religion, disability, sexual orientation, and other protected reasons. Whether the apartment complex is a tax credit Apartment complex or a conventional apartment, the selection criteria is generally the same, because whether it is a tax credit apartment complex or conventional, it is still privately owned.

When an apartment complex performs a credit check, they are not looking for those people who don't pay their credit card bills or their medical bills, or are they paying either; they are looking for those who are not paying their utility bills or for those who have been evicted from a previous rental property. This will be true regardless of whether the person is disabled.

How many presidents were in a wheelchair?

There were two US Presidents that were in a wheelchair. Franklin D. Roosevelt as well as Woodrow Wilson, after he had a serious stroke during his second term. Roosevelt was struck with polio while a young man and it weakened his legs. With braces he could stand at a podium and give speeches and was able to hide his affliction from the general public.

What types of intellectual disabilities are most common for people with FAS?

ADD/ADHD are very common. Difficulties with reading and mathematics are common learning disabilities. This can range from a slight learning disability to severe mental retardation and depends on the amount of toxicity / when the poisoning took place during the pregnancy, etc. The learning disabilities become apparent often times at about the 4th grade, known as the "Fourth Grade Wall" because this is typically the age when memorization is not as important (such as learning addition / subtraction, multiplication tables, etc.) and begins to utilize reasoning skills, as in word problems in mathematics. There are many good web sites out there for FAS and if you go to Google and enter FAS or Fetal Alcohol Syndrome, many many sites will come up that are extremely helpful. Hope this helps you!

What could stop your disability check?

Several things could stop your Social Security disability check:

  1. Average monthly earnings exceeding Substantial Gainful Employment (SGA), which is $1,000 per month for most disabilities, and $1,640 for blindness
  2. Medical improvement (often discovered a result of conducting a full Continuing Disability Review (CDR))
  3. Failure to fill out a required form, like a Continuing Disability Review (CDR) (check may be held until you comply)
  4. Failure to cooperate with a continuing disability medical review
  5. Successful completion of Ticket to Work or other program expected to result in employment
  6. Failing to notify Social Security of change of address or new bank account information (check would be held until proper information is provided)
  7. You are a dependent of a disabled person who reaches age 18 (or 19, if benefits were extended because you were still in high school)
  8. Failure to comply with alcohol or drug treatment program
  9. Refusal to participate in vocational rehabilitation program if required to do so
  10. Human or computer error

Most terminated disability beneficiaries fall into the first two groups: either they have demonstrated an ability to engage in SGA or their impairment is no longer severe enough to meet disability guidelines.

It would be unusual for the Social Security Administration to discontinue benefits without notification and a transitional period during which payments continue, however. If your payments have stopped abruptly and without notice, suspect an administrative problem, like lack of current address or an incomplete form.

You can call SSA at 1-800-772-1213 to speak to a representative or visit your local field office for more information. If your disability benefits have been terminated, you have the right to appeal the decision.

Does an HOA have to comply with the Americans With Disability Act?

The ADA requires that all public and government facilities are required to accommodate disabled individuals. The HOA would not be required to comply unless the community can be considered a public accommodation (open to use by the public). An example would be allowing the local school or senior center to use the pool.

However, the Federal Fair Housing Act applies to housing facilities. Under the FFHA an HOA cannot refuse to make reasonable accommodations that may be necessary for a disabled resident to fully enjoy and use her unit. An example would be issuing a waiver from a no-pets rule to allow a service dog.

The ADA requires that all public and government facilities are required to accommodate disabled individuals. The HOA would not be required to comply unless the community can be considered a public accommodation (open to use by the public). An example would be allowing the local school or senior center to use the pool.

However, the Federal Fair Housing Act applies to housing facilities. Under the FFHA an HOA cannot refuse to make reasonable accommodations that may be necessary for a disabled resident to fully enjoy and use her unit. An example would be issuing a waiver from a no-pets rule to allow a service dog.

The ADA requires that all public and government facilities are required to accommodate disabled individuals. The HOA would not be required to comply unless the community can be considered a public accommodation (open to use by the public). An example would be allowing the local school or senior center to use the pool.

However, the Federal Fair Housing Act applies to housing facilities. Under the FFHA an HOA cannot refuse to make reasonable accommodations that may be necessary for a disabled resident to fully enjoy and use her unit. An example would be issuing a waiver from a no-pets rule to allow a service dog.

The ADA requires that all public and government facilities are required to accommodate disabled individuals. The HOA would not be required to comply unless the community can be considered a public accommodation (open to use by the public). An example would be allowing the local school or senior center to use the pool.

However, the Federal Fair Housing Act applies to housing facilities. Under the FFHA an HOA cannot refuse to make reasonable accommodations that may be necessary for a disabled resident to fully enjoy and use her unit. An example would be issuing a waiver from a no-pets rule to allow a service dog.

Can hand surgery on the dominant hand lead to not being able to continue to work if you make your living with your hands and draw social security if you are 59?

Social Security Disability is available to those persons who have become disabled either from injury or illness and are unable to continue working. The person must have a specified amount of work quarters to qualify for SSD. Those persons who do not qualify under SSD regulations are generally elgible for SSI and early Medicare benefits. Specific information can be found and all SS forms can be downloaded at Social Security Online, http://www.ssa.gov

Who ruled the country in a wheelchair as a result of polio?

Franklin Delano Roosevelt, or FDR, was president of the United States from March 4, 1933 to April 12, 1945, and because of Poliomyelitis, he was president in a wheelchair.

Could a person with a mental disorder ride a motorcycle whilealso receiving social security disability?

Sure. Receiving Social Security Disability only means that one is unable to engage in "substantial gainful activity" on a full-time, or near full-time basis. There is no direct correlation between that and ability to ride a motorcycle. Now, if they were riding it on long trips on a repeated basis, that might raise some red flags, but nothing in the facts provided suggests anything inappropriate. On the other hand, if the mental disorder included symptoms like seizures, state law probably says they should not be riding or driving, but again, it has nothing to do with qualifying for SSDI.

Does a power wheelchair cost anything if you have Medicare?

"No matter where you reside in the United States, Medicare should pay 80 percent of the allowable price for your electric wheelchair once you are approved. The allowable price will vary by state, chair type and accessories ordered. The average electric wheelchair will have a price of $4800-$6500."