Disability Law Center
Recent studies have suggested that 20 to 25 percent of Americans live with a disability. Although the scope and severity of these conditions vary, a physical or mental impairment can affect many areas of daily life. For example, a disability may prevent a person from working or limit the type of work that they can perform. Government benefits and private insurance policies may address this problem for qualifying individuals. Meanwhile, federal law prohibits employers from discriminating against people with disabilities.
Obstacles also may face people with disabilities when they are finding a home, pursuing an education, or trying to participate in our democracy, among other activities. The Americans With Disabilities Act, the Fair Housing Act, the Individuals With Disabilities Education Act, and the National Voter Registration Act are some of the core federal laws that protect them. The main idea behind these laws is that people with disabilities should not be excluded or burdened because of their medical limitations.
Benefits for People With Disabilities
The Social Security Administration is a federal agency that offers two types of benefits for people with disabilities: Social Security Disability Insurance and Supplemental Security Income. SSDI benefits are available to people who have accumulated at least a certain number of work credits and who have a qualifying disability. Broadly speaking, the SSA asks the following questions in determining whether a claimant is medically eligible:
- Are they performing substantial gainful activity?
- Is their impairment medically severe?
- Does it meet or equal the criteria of an entry in the SSA list of qualifying impairments?
- If not, can the claimant perform past relevant work?
- If not, can they adjust to other work?
A person with a disability does not need to have accumulated a certain number of work credits to get SSI benefits. However, they must have limited income and resources, although the SSA excludes some types of income and resources. For example, assets in a special needs trust generally are not counted. Claimants seeking SSI based on a disability must go through the same five-step sequential evaluation as SSDI claimants.
People also can guard against the risk of income loss arising from a disability by purchasing long-term disability insurance from private insurers. Benefits usually account for a set percentage of the policyholder’s pre-disability income. If a policyholder wants enhanced coverage or additional features, they may be able to purchase “riders” for an additional cost. A handful of states provide short-term disability insurance programs as well, and employees may be able to get short-term disability coverage as part of their employment benefits.
Rights of People With Disabilities
An employer cannot fire an employee for having a disability, refuse to hire a job applicant due to a disability, or otherwise treat employees or job applicants adversely for this reason. Unless it would impose an undue hardship, an employer also must provide a reasonable accommodation to an employee with a disability to assist them in doing their job or enjoying its benefits. This might involve a change to the physical workplace or an exception to general policies and practices of the employer.
People with disabilities also are protected from discrimination when they are renting or buying a home, or when they are engaging in related property transactions like getting a mortgage or insurance. Similar to employers, housing providers may need to provide reasonable accommodations or modifications for people with disabilities. Under the Fair Housing Act, an accommodation is a change to a rule, while a modification is a structural change to the property.
Children with disabilities may be entitled to an Individualized Education Program (IEP) or a less structured plan known as a Section 504 plan after the federal law on which it is based. Section 504 applies to all schools that receive federal funds. Other schools generally are covered by the ADA as “public accommodations” and must provide reasonable modifications.
A person with a disability must have an opportunity to have their voice heard in the political process. To this end, federal voting rights laws impose requirements and standards for the accessibility of voting systems and polling places. People with disabilities also may be entitled to assistance with registering to vote.
