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A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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I recently applied for disability was turned down then started

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I recently applied for disability was turned down then started an appeal which I plan on stopping because I have found employment that I'm very capable of doing successfully. Will my pre-employment investigation reveal this?
Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your question this afternoon.

Generally, no, a pre-employment screening should not turn up the filing of a Social Security Disability application. These things are kept relatively confidential, are difficult to uncover, and frankly is not the type of information that an employer is searching for in a pre-employment screening. Now, I cannot tell you there is absolutely no way that a prospective employer cannot find out, ultimately there is probably some way to find out about everything. However, the typical pre-employment screening will not find an application for SSDI, and is generally not a concern for someone applying for a job.

Now, they may ask you or a former employer about your impairments or why you stopped working, and you would have to choose how much information to provide. However, the fact that you actually applied for SSDI should not be available directly to an employment pre-screen.

I hope this helps, and let me know if you have any follow up questions or require clarification of anything I have said (never be afraid to ask for clarification!). Otherwise, please remember to RATE my answer so that I can receive credit for my work.
Customer: replied 4 years ago.

Thank you Adam for your prompt reply! This employer did not even contact my references before continuing with the employment process. I answered "yes" when asked about contacting previously employers, but I do not know if they did this or not. I know from Google searches that they usually do not contact previously employers and that it would be a red flag if I said they could not. My in-house recruiter is a VERY busy man. I have not stopped my disability repeal yet. If I do this now, do you think it will show if they investigate that deeply? Thanks!

As I said before, it is always possible, but seems highly unlikely that they could ever find the information. The only people that would have the information are the Social Security Administration, who cannot provide information, and you. The only other avenue would be to ask your former employer if you left because of an impairment of some kind. It is true that prospective employers often do not call previous employers, but you cannot count on it. As I said before, unless someone with knowledge of the situation actually provided the information, I cannot see how a background check would ever reveal the application. I never want to say something is impossible, but it is certainly highly unlikely.

I hope this helps further, and let me know if you have further follow up questions. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
Customer: replied 4 years ago.

I have one more question and will be happy to rate your answer. If they discover that I have applied, can they legally deny me employment? My doctors suggested I apply for disability when my prognosis was questionable. Fortunately, my health is no longer an issue and I look forward to returning to work. Thank you for your help. Peace of mind is priceless!

That is a good question, and the answer, with a few caveats, is that no, under the Americans with Disabilities Act, an employer cannot discriminate against an employee, or a prospective employee, because of a disability. So long as the employee can fulfill the requirements of the job, the fact that the employee has a disability, or has experienced a disability in the past, generally cannot be grounds for not hiring someone. Now, the caveat, of course, is that if an employer really wants to find a reason not to hire someone, they may be able to, and proving discrimination can be difficult. However, where the employer has found you qualified, and there is no other reason not to hire, it would certainly look like disability discrimination.

So, in short, no, an employer is prohibited by the Americans with Disabilities Act from refusing to employ someone solely because of a disability.

I hope this helps further, and it has been a pleasure chatting with you. Let me know if you have any additional questions. Otherwise, I wish you the best of luck in the application process, and please do remember to RATE my answer so that I can receive credit for my work.

Take care
Customer: replied 4 years ago.

I have a choice to rate or reply, but I wanted to reply to personally thank you for information that is supremely important to me. I just hope my busy recruiter doesn't decide to dig too much. As I mentioned, they didn't even contact my references. They know from my interview that I have the experience and desire to be an asset to the company. Upon your reply I will gladly rate your excellent assistance! Have a great holiday weekend! I know I will:D

I am glad that I could be of assistance, and I again wish you the best of luck in the application process. It certainly sounds as if you would be an asset to this company. Have a great holiday weekend!

Take care
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