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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: 8108
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:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Permanent Disability Questions

  • Employment Law. Our company does not currently have a statement

    Employment Law. Our company does not currently have a statement regarding employee background checks as part of our company policy. Nor do we have a release for a background check for pre-employment purposes. We have not done background checks for other hires. We recently hired a new employee. One of the owners asked to see his background check. I explained a check had not been done, based on no policy in place. The owner still wants a background check. Legally, can we ask the employee to submit to a check, as long as he signs a release? Do we then have to check all current employees?
  • I am a supervisor. In a company with 8 employees. Can the employees

    I am a supervisor. In a company with 8 employees. Can the employees sue me because they think I am a "jerk"? My life partner owns the business, a veterinary practice. The employees are forcing him to fire me, or they will sue me and force drug and financial on me, and my supposed actions. My life partner, the actual owner, is on my side.
  • I'm a head chef at a restaurant. I had an employee call out

    I'm a head chef at a restaurant. I had an employee call out three weeks in a row on our busiest days. Needed him to cover shift for someone else. Could not reach him on phone.he doesn't have his own phone. Sent another emp!oyee to knock on door. He claims this is an invasion of privacy. Is it?
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