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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.
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