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Permanent Disability

What is permanent disability?

Disability is an injury which impairs the physical and/or mental ability of a person to perform his/her normal work or non-occupational activities supposedly for the remainder of his/her life, causing permanent disability. Permanent Disability insurance is a program in which a person can get help if they are determined enable to work and still have an income to substantiate living expenses. Read below the top five permanent disability questions that have been answered by the Experts.

If an employer denies a permanent disability rating, can a person ask the Department of Labor for one?

A medical care provider determines the status of a person’s disability and the term of the disability. A person’s employer or the Department of Labor doses not grant disability or determine the length or severity of the disability.

If a person is receiving permanent disability and decides to rent out a room, will this count against the disability?

If it is a non-business rental then it does not usually count against the disability, but the disability may be affected if it is a business rental. Please see the following link for more information. http://www.socialsecurity.gov/OP_Home/handbook/handbook.12/handbook-1216.html

If a person is put on permanent disability at an age where he/she cannot collect 100% vested pension, is there a law that prevents loosing the pension after going on disability?

When a person goes on permanent disability, there is generally no law that protects them from losing their pension, however if the person is 100% vested in the pension then he/she should receive it when it becomes due.

If a person has a permanent disability but was released to go back to work under certain conditions, can the employer refuse to let the person to return to work due to the disability or conditions?

The employer is required by law to make reasonable modifications to accommodate the permanent disability. If the employer does not make the reasonable modifications to accommodate the permanent disability, then this may be considered discrimination and the employer can be sued.

What are the steps that a person should take to bring charges against a dishonest attorney that lied and helped the company that caused the permanent disability?

The person on permanent disability should call the bar association in the state of residence and file a complaint against the attorney. This will cause a disciplinary action against the attorney and possible disbarment. The bar association can also give numbers to reputable attorneys that will help the person file a suite against the company as well.

Permanent disability is a term differently defined depending on who is defining it and purpose in claiming it. Implied in the term, permanent disability usually means a person will not be able to recover ability to work at a previous level. When a person is faced with questions or concerns with Permanent Disability, please feel free to contact the Experts.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

How JustAnswer Works:

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  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21594
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18601
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Permanent Disability Questions

  • I recently resigned from a position at a home health care organization,

    I recently resigned from a position at a home health care organization, I offered a 2 week notice which was declined by text message, I was a very good employee and was begged on several occasions not to leave. I just viewed my last paycheck and an amount of $700 was taken out of my check and labeled travel cost. In September I was accepted to graduate school and my employer heard me talking and offered to use her travel points to obtain my plane ticket, she also offered money which I declined stating that I did NOT want any type of loan. There was never any paper work and the word loan was never used. Now tht I have left they are attempting to force me to pay a cash value for points. Can you please give me advice on how to get this money back.
  • I am employed in an EMS system, in County Government. I have

    I am employed in an EMS system, in County Government. I have worked there for 35 years, under 5 separate supervisors. We recently have a new Department manager. He has a degree in law, and hospital administration. He has made the comment that he wants to be "out with the old, and in with the new." He has also referred to the supervisors (to include me) as a bunch of old men. I constantly feel intimidated by his comments on my performance. He has terminated several employees in the 18 months of his tenure, and has said several times in response to "problem" employees, "fire em!" Each day I report to work I fear that I may be terminated next. I have spoken with my supervisor and mentioned that I believe the work environment to be unhealthy and possibly a "hostile work environment" any advice?
  • i have a question about pay after quitting. i quit northwest

    i have a question about pay after quitting. i quit northwest drywall inc late last month and am still owed 40 hours of pay which was not paid this last 16th, what can i do. i have emailed the company with no reply
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