If You Go Back To Work, Do You Have any Rights as a Disabled Employee?

Parmele Law FirmSocial Security

The reason you apply for Social Security Disability Insurance benefits (“SSDI” or “disability benefits”) is because you can no longer work due to your physical or mental disabilities or impairments. But sometimes, a person’s disabling condition can improve enough to allow him or her to go back to work on either a part-time or full-time basis.

Elsewhere in our social security blog we have covered the topic of going back to work and still receiving your SSDI payments. In today’s blog we want to discuss what rights you may have as a disabled worker.

The Americans With Disabilities Act.  

The federal Americans With Disability Act (“ADA”) signed into law in 1990, makes it illegal for employers, including private, state and local government and labor organizations, to discriminate against qualified individuals with disabilities.

The law does not cover only hiring disabled workers. It includes, among other things, promotions, training and even firing on the basis of disability.

Like SSDI, the ADA has its own definition of “disability.” Under the ADA, a disability is a  physical or mental impairment that “substantially limits any major life activity.” For purposes of the ADA, this includes impairments that significantly limit speaking, seeing, hearing, walking, breathing, and the ability to perform manual tasks.

Disabled persons who can perform the qualifications of the job despite their impairment(s) still have to qualify for the job just like any other applicant. That means they must have the necessary education, experience and skills to do the job, and must be able to perform its stated requirements. If a disabled person is qualified and can perform the stated requirements of the job, then under the ADA, an employer cannot refuse to hire him just because the individual’s disability may limit him in performing non-essential job-related tasks.

Reasonable Accommodations.

If a disabled person qualifies for the job and can perform its essential requirements, then the ADA requires that the employer make “reasonable accommodations” for the disabled person. Reasonable accommodations can be things like a modified work schedule, or installing new, or modifying existing equipment, to make the workplace more accessible for the disabled.

Social Security Disability Law Attorneys.

If you are applying for SSDI benefits or have been denied benefits, we can help. Our passion is helping people get the disability benefits they deserve. We have offices throughout Missouri. We also have offices in Kansas, Illinois and Oklahoma City, Oklahoma. We offer free consultations and we do not get paid unless you win your case. Call us at 855-727-8625 or contact us today to set up your free appointment.