Disability payments. ( Video

#Disability #payments


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Disability act 2010! / Video

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Disability Insurance for Surgeons

#surgeon, #disability, #insurance


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Disability Insurance for Surgeons

Berkshire offers one of the most competitive disability insurance contracts available for surgeons. Surgeons can get up to $17,000 a month 4 of true own-occupation disability insurance with medical specialty protection to age 65, or 67.

You have spent a lot of time and money to become a surgeon, so it would be our recommendation to protect your income with the most comprehensive disability insurance policy available today. It is our belief that Berkshire’s ProVider Plus disability insurance policy is the most comprehensive DI product on the market. It was designed to pay the most claims dollars in the most possible claims scenarios.

See How Surgeons Buy Disability Insurance

When you use the quote request tool on this page, you will get an instant disability insurance quote. This quote resource actually shows you the average rate all of our surgeon clients are paying for their in-force disability insurance policies right now.

When you select your age, gender, state, and income range the quote tool will display the average rate of everybody just like you who has already purchased a disability insurance policy from us. Not only will we show you the average rates instantly, we will also show you exactly how your peer group sets up their policy. We will show you what percentage of surgeons just like you chose each optional rider, which elimination and benefit period they chose, and what the average monthly benefit is.

Berkshire’s True Competitive Advantage

While the true own-occupation definition of total disability and medical specialty language is probably the number one reason so many surgeons turn to Berkshire for their disability insurance protection, the Graded Lifetime Indemnity for Total Disability Rider 1 and the Residual Disability Benefit Rider 1 are almost equally as important.

While many carriers offer benefits to age 65 or 67, Berkshire also offers you the ability to receive disability benefits for the rest of your life so long as you remain continuously totally disabled if you have the Graded Lifetime Indemnity for Total Disability Rider 1. When you review a disability insurance quote from our agency, you will see the Graded Lifetime Indemnity for Total Disability Rider listed on the Proposed Coverage Report with its premium broken out.

The Residual Disability Benefit Rider available with ProVider Plus policy is also one of the most comprehensive residual riders available today. You may end up totally disabled, but many claims start or end with a residual claim. If you can still perform the material and substantial duties of your medical specialty, but have an income loss of 15% or more because of a sickness or injury, you will be eligible for residual disability benefits. Most of Berkshire’s competitors also require a loss of time or duties to pay a residual claim, ProVider Plus’ Residual Disability Benefit Rider only requires a loss of income.

The Residual Disability Benefit Rider also includes a recovery provision that continues to pay benefits for up to the full benefit period should you continue to suffer at least a 15% loss of income solely due to your injury or sickness, where most competitors stop residual payments once you are back to work full time. This means ProVider Plus is designed to do more to assist with your financial recovery even after you have physically recovered.

4. $17,000 a month available in all states except for California when maximum is $16,000.

5. Assuming premiums were paid with your own after-tax dollars.


Physician Disability Insurance Tips, physician disability insurance.

#Physician #disability #insurance


physician disability insurance

For physicians, disability insurance is a necessity. Individuals who build successful careers as doctors spend many years and hundreds of thousands of dollars in training expenses preparing to pursue careers in the medical profession. No one enters medical school expecting to experience a debilitating disability but it s a fact that injuries can strike anyone at any time, regardless of occupation. There are many situations in which a physician could become unable to perform the essential functions of his or her job due to an injury or illness, either on a temporary or permanent basis. The right type of disability insurance can provide income replacement during such times and can also provide a source of income while the doctor is building his or her practice back up after being able to return to work. Working as a doctor, in most cases, is a fee for service occupation. A physician s ability to earn a living is tied to his or her ability to perform the duties involved in practicing medicine. When a doctor isn t able to see patients, he or she isn t able to earn an income. It s as simple as that. That s why physician disability insurance is such an essential investment.

Physicians Understand Disability Insurance Necessity

On a percentage basis, more physicians take out disability insurance policies than individuals working in any other profession. Who better than a physician to understand just how important disability insurance is? After all, healthcare professionals see the impact of unexpected illness and injuries firsthand every day. Fortunately, disability insurance for doctors is widely available and most physicians choose to include this important type of income protection in their financial planning portfolios. The best physician disability insurance policies feature own occupation coverage specific to practice specialty. Additionally, rather than paying benefits only until the doctor is able to return to work, one should include a residual benefit that pays benefits until the insured s income returns to a large percentage of pre-disability levels. After all, it may take years for a physician to rebuild his or her client base after an extended absence, regardless of hours worked or duties performed.

Residual Coverage with Time and Duties Provision: Not a Good Choice for Physicians

Many disability insurance policies pay benefits until such a time as the insured individual is able to return to his or her pre-disability work schedule and occupational duties. With a time and duties policy, no benefits are paid once the insured person has returned to his or her usual work schedule. While this type of coverage can be beneficial for people whose pay is based on hours worked, it is not recommended for physicians.

The fact that a disabled physician is able to return to work full time, performing the same duties he or she handled before getting sick or being injured is a certainly good thing. However, it doesn t mean that the doctor s income will return to normal. The fact that a doctor is physically able to go back to work doesn t indicate that the individual s earning potential is back to where it was before the setback.

Building a successful practice takes years. Following an absence from work, it can take years for one s practice to rebound to the level it was at prior to experiencing the disability. That s why doctors need physicians disability insurance that includes residual disability coverage, paying benefits in proportion to the percentage of income lost, until their earnings have returned a great percentage of the level that they were at before the disability.

Best Choice for Physicians: Loss of Income Residual Disability

When choosing disability insurance, physicians need to look very closely at how partial disability is defined in the policy s terms and conditions. In many disabilities one comes back to work, so it s essential to understand how benefits are paid while the insured individual is recovering and begins to return to work. The best disability insurance for physicians provides coverage for loss of income when they can t work because of sickness or injury and also provides residual (partial) benefits after going back to work or while recovering and working part time. Upon returning to work following a disability, it can take a significant length of time for a physician s practice to recover to the level it was before the disability. That s why residual benefits are so important for doctors. Physicians who are covered by loss of income residual disability insurance will receive benefits in proportion to the percentage of income lost after returning to work, for up to the complete term of the policy.

How to Choose Disability Insurance for Doctors

  • Verify that the policy uses the own occupation definition of disability rather than the any occupation definition.
  • Search for a policy that clarifies own occupation as your particular medical specialty rather than as the general medical profession.
  • Make sure the policy has a recovery benefit.
  • Look at the insurance company s financial strength ratings to verify you re purchasing coverage from a company likely to be around and able to pay if you ever need to file a claim.

  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance
  • Physician disability insurance

Physician disability insurance

Physician disability insurance

Physician disability insurance

Physician disability insurance

Intramark Insurance Services

Physician disability insurance200 N. Maryland Ave., Suite 301, Glendale, CA 91206

Physician disability insurance866-691-0100

Physician disability insurance[email protected]

  • Physician disability insurance
  • Physician disability insurance

Physician disability insurance


Physicians-Practitioners – Forms and Publications, disability insurance for doctors. #Disability #insurance #for #doctors


Physician/Practitioner s Forms and Publications

To order, view, and/or print Disability Insurance and Paid Family Leave forms and publications, visit the Online Forms and Publications page. Claim forms may be ordered by calling 1-855-342-3645 (TTY users dial the California Relay Service at 711).

Forms

  • Claim for Disability Insurance (DI) Benefits
    • DE 2501

    To submit the DE 2501 Part B, Physician/Practitioner s Certificate online, you must complete a one-time registration to create an account. To register, visit the Benefit Programs Online (BPO) login page and select Register to get started creating an account now. You will need to provide a personal email address that is current and is used only by you.

    BPO registration is available 24 hours a day, 7 days a week.

    After you have registered for and logged in to BPO, you will select SDI Online which will direct you to the SDI Online Registration Options. Once your registration is complete, log in to BPO and select SDI Online to be directed to your Home page to complete the certification for your patient s claim.

    To order paper claim forms, use the Online Forms and Publications page or call 1-855-342-3645 (TTY users dial the California Relay Service at 711). Bulk orders (more than 25) must be submitted through our Online Forms and Publications page.

  • Claim for Paid Family Leave (PFL) Benefits
    • DE 2501F

      To submit the DE 2501F Part D, Doctor s Certification online, you must complete a one-time registration to create an account. To register, visit the Benefit Programs Online (BPO) login page and select Register to get started creating an account now. You will need to provide a personal email address that is current and is used only by you.

      BPO registration is available 24 hours a day, 7 days a week.

      After you have registered for and logged in to BPO, you will select SDI Online which will direct you to the SDI Online Registration Options. Once your registration is complete, log in to BPO and select SDI Online to be directed to your Home page to complete the certification for your patient s caregiver s claim.

      To order paper claim forms, use the Online Forms and Publications page or call 1-855-342-3645 (TTY users dial the California Relay Service at 711). Bulk orders (more than 25) must be submitted through our Online Forms and Publications page.

  • Request for Continued Benefits Physician/Practitioner s Supplementary Certificate
    • DE 2525XX

      To order paper claim forms, call 1-855-342-3645 (TTY users dial the California Relay Service at 711).

      Publications

      • Disability Insurance Provisions – To order forms, please use the Online Forms and Publications page.
        • DE 2515 – English
        • DE 2515/A – Armenian
        • DE 2515/CC – Chinese-Cantonese
        • DE 2515/CM – Chinese-Mandarin
        • DE 2515/P – Punjabi
        • DE 2515/S – Spanish
        • DE 2515/T – Tagalog
        • DE 2515/V – Vietnamese
      • Paid Family Leave Program Brochure
        • DE 2511 – English
        • DE 2511/A – Armenian
        • DE 2511/CC – Chinese-Cantonese
        • DE 2511/CM – Chinese-Mandarin
        • DE 2511/P – Punjabi
        • DE 2511/S – Spanish
        • DE 2511/T – Tagalog
        • DE 2511/V – Vietnamese
      • Disability Insurance (DI) and Paid Family Leave (PFL) Weekly Benefit Amounts
        • DE 2588
      • Disability Insurance (DI) and Paid Family Leave (PFL) Weekly Benefit Amounts in Dollar Increments
        • DE 2589
      • SDI Online Brochure for Physicians/Practitioners
        • DE 2855
      • Tip Sheets
        • SDI Online Tips for Claimants DE 8515 – English
        • SDI Online Tips for Claimants – DE 8515/S – Spanish
        • SDI Online Tips for Physicians and Practitioners DE 8516 – English
        • SDI Online Tips for Employers DE 8518 – English
        • Tips for Completing Disability Insurance Claim Form DE 2501T – English
      • Fact Sheets
        • Disability Insurance Program – DE 8714C – English
        • Disability Insurance Program – DE 8714C/S – Spanish
        • Paid Family Leave – DE 8714CF – English
        • Paid Family Leave – DE 8714CF/S/ – Spanish

      Copyright 2017 State of California

      Disability insurance for doctors Disability insurance for doctors Disability insurance for doctors Disability insurance for doctors


  • 10 Tips for Resident Physicians on Buying Disability Insurance, disability insurance doctors.

    #Disability #insurance #doctors



    10 Tips for Resident Physicians on Buying Disability Insurance

    Apr 1, 2015 10:00:00 AM

    Disability insurance doctors

    “If you get hurt or become too sick to work, what happens to your income?” It’s one of the first questions that Scott Dial, a disability-income expert who works with TMA Insurance Trust, asks medical residents and new physicians. For some people — 40 percent, to be exact — that answer is usually “I don’t know” followed by “I think my employer has something,” or “my spouse will have to work.” The average healthy person is rarely counseled on handling a disability.

    Although most of us don’t expect to get sick or injured, the Social Security Administration released a paper last year stating that more than 25 percent of today’s 20-year-olds will become disabled before they retire. That’s a scary thought. Even scarier to think that you, as medical resident just starting your career, could face an illness or injury that prevents you from completing your employment responsibilities.

    Unfortunately, control over the future is rarely possible. That’s why buying disability insurance now is so important. But knowing which disability insurance to purchase can be confusing, so here are ten tips to help you make the right decision.

    10 Tips for Purchasing Disability Insurance

    Group Insurance: Most residency programs actually have a group policy in place that will be provided for you. Group insurance, which is issued to your organization, is a non-discriminatory policy with a typical benefit level range of $2,000-$3,500. One of the cons to a group policy is that they tend to be a little less comprehensive than individual policies because it must cover an entire population of people. Plus, when you complete residency, you’ll most likely lose the plan as group plans are not portable. It’s important to note that benefits received from most group plans are taxable income since the employer usually pays the premium.

    Research Based Decisions – Considering your career choice, you are most likely someone who educates him or herself on the facts. There has been much research on the potential to become disabled and one fact is that Americans underestimate their risk. According to the February 2013 Fact Sheet from the Social Security Administration, 64% of wage earners believe they have a 2% or less risk of becoming disabled during their career; this number is actually around 25%. Furthermore, in a 2012 study, there were over 2.5 million workers in their 20s, 30s and 40s who became disabled, according to Disabled Worker Beneficiary Data. So, while many of us like to think we are invincible, studies show this is not the case. Statistics like these show just how important having disability insurance truly is.

    Take Advantage of Lower Rates – It’s easier and less expensive to get disability insurance while you are young and healthy.

    Inquire About Future Purchase Options – Ask your advisor if your plan has a Future Purchase Option Rider, which allows you to increase coverage once your salary increases after residency. Having this rider will allow to increase coverage without having to undergo health underwriting.

    Own Occupation Provision – Own occupation states that a benefit is paid to you if you cannot work in your occupation, or medical specialty, due to an illness or injury. There is no reduction in benefit if income is earned in another medical specialty or occupation.

    Ask About Residual Riders – While your advisor can give you all of the specifics, simply put, a residual rider will allow you to receive partial benefits if you endure a 15 – 20% or more loss of earnings. This percentage is specific to each insurance provider, so make sure you ask your advisor to get the full details.

    Add a COLA Rider – Another beneficial rider to add, if you do happen to become sick or injured, is a Cost Of Living Adjustment, or COLA Rider. This rider increases your benefit to account for inflation, as long as you are claiming benefits for more than a year.

    Though no one wants to think about the possibility of becoming injured or sick, the odds prove it is wise to invest in your financial future with disability insurance protection no matter how young you are in your career. Hopefully these ten tips will help you find the right disability plan to protect your future.

    If you’re interested in learning more helpful tips on purchasing disability coverage during residency, feel free to reach out to us. We’ll partner you with an experienced advisor who can answer your questions and provide any additional information for you.

    Posted by the TMAIT Team

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    Social Security Disability: 8 Reasons You May Be Denied Benefits #social #security #disability #attorney #sacramento


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    Social Security Disability: 8 Reasons You May Be Denied Benefits

    When applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), most people naturally think about the reasons why they should be granted benefits. You may find it useful, however, to turn the perspective around and understand the reasons why you might be denied SSDI or SSI benefits. In some cases, the reasons are beyond your control. In other instances, though, you may be able to avoid doing something that results in a denial.

    1. You Earn Too Much Income

    For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered “substantial gainful activity” (SGA). This means you earn too much money to be considered disabled. You are allowed to work a small amount when you’re applying for and collecting SSDI, but not over the SGA limit, which is $1,170 per month in 2017 (for nonblind people). The figure is adjusted annually. Income from investments does not count toward the SGA only work income counts, as it shows your ability to work. For the details, including what counts as SGA for the self-employed, see Nolo’s article on SGA for Social Security .

    As to SSI, which is the disability benefit for low-income people, when you apply for SSI, you can’t be making over the substantial gainful activity level (although after approval you can earn more money than that). But there’s a limit on all earned and unearned income for SSI, around $1,500 per month, that applies both when you’re applying for benefits and when you’re collecting benefits. And any time your income is over $740-$800, your SSI payment will be reduced, by a somewhat complicated formula. If you make about $1,500 or more, your payment would be reduced to zero; in other words, you won’t qualify for SSI.

    2. Your Disability Won’t Last Long Enough or Isn’t Severe Enough

    To qualify for SSDI or SSI benefits, the Social Security Administration (SSA) must believe that your impairment is severe enough to last at least 12 months or result in your death. The only exception to this duration requirement is for blind SSI applicants.

    Many claims like those based on bone fractures resulting from acute trauma, such as automobile or motorcycle accidents are denied because they are not likely to cause disability for 12 months. Almost all bone fractures heal in less than a year. However, if you have severe bone fractures that aren’t healed after six months, the SSA is then likely to think your impairment will last a year. Each case is evaluated on an individual basis.

    In addition, your medical condition must cause you severe limitations to qualify for SSDI or SSI. Most claims are denied simply because the applicant’s impairment was not severe enough (for more information, see Nolo’s article Social Security Disability: How Claims Are Decided ).

    3. The SSA Cannot Find You

    The SSA and Disability Determination Services (DDS) the agency that determines your medical eligibility for benefits must be able to communicate with you regarding your application. If these agencies cannot reach you to schedule examinations or communicate with you about critical matters, your benefits may be denied. If you name a representative (such as an attorney) to handle your paperwork, you may not need to get in touch with the SSA, but be sure to stay in touch with your representative or attorney. If you move while your application is being considered, make sure the SSA knows how to contact you. Claimants (those who are applying for Social Security disability) get denied every day because the SSA cannot find them.

    4. You Refuse to Cooperate

    Your medical records are vital to granting your disability. If you refuse to release those records to the SSA, your claim will likely be denied. Similarly, the SSA may need additional information about your impairments, either because your treating doctor’s medical records are incomplete or because you have no regular treating doctor. In these instances, the SSA will request that you be examined by an SSA doctor, during something called a consultative examination (CE), at government expense. In some cases, the SSA will require you to attend more than one CE. If you refuse to attend or request that the SSA make a determination based on the medical records already in your file, you may be denied disability because of inadequate medical information or failure to attend the CE.

    If you can’t make it to a scheduled CE because of the time or location, talk to your claim examiner so the DDS can schedule a CE at a time or place that is convenient for you. If you repeatedly fail to show up for a CE, your claim will most likely be denied.

    5. You Fail to Follow Prescribed Therapy

    If you are being treated by a doctor, but fail to follow the doctor’s prescribed therapy when you have the ability to do so, you can be denied disability benefits. However, the SSA recognizes certain legitimate excuses for failing to follow the doctor’s orders (which can be for taking medicine, going to therapy appointments, or undergoing surgery).

    Acceptable medical excuses. Failure to follow prescribed therapy can be excused for reasons beyond your control. Some examples follow.

    • You have a mental illness so severe that you cannot comply with prescribed therapy.
    • You have a fear of surgery so intense that surgery would not be appropriate. Your treating doctor must confirm the severity of your fear to the DDS consulting doctor.
    • You physically cannot follow prescribed therapy without assistance for example, because of paralysis of the arms or cataracts caused by diabetes.

    Acceptable nonmedical excuses. It is possible that you cannot follow a prescribed therapy for a reason that has nothing to do with your medical condition. Acceptable nonmedical excuses for failing to follow prescribed therapy follow.

    • You don’t have the money to pay for treatment.
    • Your religious beliefs prohibit you from receiving medical therapy.
    • Your doctor prescribes treatment that another doctor disagrees with.

    Additionally, for the SSA to deny your claim for failing to follow therapy, the therapy that you fail to follow must be one that is clearly expected to restore your ability to do substantial gainful activity. If your treating doctor tells the SSA that the prescribed therapy is not likely to result in your ability to work, the SSA won’t fault you if you don’t follow such therapy.

    6. Your Disability Is Based on Drug Addiction or Alcoholism

    The SSA will deny benefits to someone whose drug addiction or alcoholism (DAA) is a contributing factor to his or her disability. The key factor a DDS medical consultant must consider when making a DAA determination is whether or not the SSA would still find you disabled if you stopped using drugs or alcohol.

    7. You Have Been Convicted of a Crime

    Certain conditions related to conviction of a crime or imprisonment will prevent you from receiving Social Security disability insurance benefits. They are as follows.

    • You are in prison after being convicted of a felony, unless you are in a court-approved rehabilitation program that is likely to result in your getting a job when you get released, and your release is expected to occur within a reasonable amount of time.
    • You were injured while committing a felony and were convicted of the crime. The impairment or the worsening of an existing impairment that you suffered during the commission of a felony cannot be used as a basis for applying for disability benefits.
    • You were injured while in prison. The impairment or the worsening of an existing impairment that you suffered while you were in prison cannot be used to obtain benefits. But you can generally receive benefits after being released from prison.

    However, it’s worthwhile to apply for SSDI benefits even if one of the above situations apply to you, because even if you can’t get cash benefits, you may be granted a period of benefit-free disability that will “freeze” your earnings record. keeping your eventual disability, retirement, or dependents benefits from decreasing.

    Note these situations do not prevent you from receiving SSI disability benefits, although being incarcerated does keep you from collecting SSI benefits .

    8. You Commit Fraud

    If you obtain disability benefits by dishonest means, the SSA can terminate your benefits and prosecute you for fraud. If you obtained benefits through fraud on the part of someone working for the SSA, your benefits can also be terminated.

    For More Information

    If your claim has been denied for one of these reasons, see Nolo’s article Social Security Disability: Deciding Whether to Appeal a Denied Claim. Or, for more information in general about Social Security disability in general including tips on applying for benefits, appealing a denial of benefits, and understanding detailed medical listings see Nolo’s Guide to Social Security Disability: Getting Keeping Your Benefits . by David A. Morton III, M.D. (Nolo).

    Get the compensation you deserve.



    SSDI – Long Term Disability #long #term #disability #insurance #lawyer


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    SSDI AND LONG-TERM DISABILITY

    Life can get pretty complicated for the disabled. Especially if you are also receiving benefits from under a group long-term disability plan. Most group long term disability policies require that you pursue social security disability benefits. Moreover, these policies require that you reimburse the insurance company from the back benefits of any social security disability award. In our experience most of our social security disability clients appreciate their long-term disability insurance company and the benefits they are providing, and are happy to pay the insurance company back if they get social security disability; but many find their LTD carrier is just a little too aggressive in assisting them. Once you have filed your claim for social security disability, your long term disability insurance company will probably tell you that if you hire their representative – usually office in another part of the country “to help you get social security disability there will be no charge.

    Free is good; why would you not use the insurance company’s lawyer in your social security disability case? Because, your insurance company has told you a half truth. Due to the fact that you must reimburse your insurance company from social security disability back payments, by choosing their lawyer you save NO MONEY yourself; But you do save the insurance company money! Let’s explain.

    In order to understand what is really going on, you need to understand the basics of your group disability policy. You should request a copy of this policy if you do not have it. There are, however, several features that are uniformly a part of the group disability plans:

    The Offset for Social Security Disability Benefits

    Perhaps this is one of those terms you have heard but are not quite sure about. Absence unusual circumstances, your group disability benefits will be reduced by the amount of social security disability that you receive. So for example, if you are eligible for a LTD policy benefit of $1000 per month, but also receive $600 in social security disability benefits (not adjusted for COLA) per month, your LTD will only pay you $400. This is simply enough, and works easily enough if you get your social security disability about the same time as you start receiving your LTD benefit. But the massive delays in securing a favorable social security disability award have created complications. If you are like most Americans it may take two years to finally win your social security disability benefits. In our above example, the insurance company would have to pay you the full $1000 a month, since you were not yet getting your social security disability. As you might imagine, insurance companies did not like holding the bag as they waited for the government to pay a legitimate social security disability claim. To deal with this problem, LTD group disability policies started offering a pay me now, or pay me later option: (i) reduce LTD benefits in the amount of the estimated social security disability benefit (i.e. the social security benefit the government should; be paying) or (ii) require their insured to pay the insurance company back when they finally get their social security disability. As you might imagine, most disabled choose the pay later (after all, monthly income is down considerably. To document this obligation, the insurance company typically requires the signing of a Reimbursement Agreement.

    The Reimbursement Obligation

    For many on LTD benefit, the reimbursement obligation means one thing: all the money in social security disability back benefits goes to the insurance company. THIS IS NOT TRUE. In Most cases, your long-term disability carrier has no right that that part of your social security disability benefit that represents the Cost of Living Adjustment. Over time, this COLA is very significant.

    You can take control of this important decision.

    THE LAWYER WHO REPRESENTS YOU IN YOUR SOCIAL SECURITY DISABILITY CASE IS YOUR CHOICE. DON’T LEAVE IT UP TO YOUR LONG TERM DISABILITY INSURANCE COMPANY.



    EEOC Sues O’Reilly Auto Parts for Disability Bias #advace #auto


    #reilly auto parts
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    EEOC Sues O’Reilly Auto Parts for Disability Bias

    Company Refused to Accommodate Employee With Seizure Disorder, Then Fired Him, Federal Agency Charges

    MADISON, Wis. – O’Reilly Automotive Stores, Inc. a national retailer doing business as O’Reilly Auto Parts, violated federal law by denying the manager of its Beloit, Wis. store an accom modation for his disability and then firing him, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

    According to John Rowe, director of EEOC’s Chicago District, which includes Wisconsin, the agency’s investigation revealed that in February 2011, Heath Craft was diagnosed with seizure disorder. On March 9, Craft notified O’Reilly of his impairment and requested a one-month leave of absence for treatment. O’Reilly did not engage him in a good-faith interactive process about his leave request and instead fired him on March 31, 2011.

    Denying an employee a reasonable accommodation and then firing him because of his disability violates the Americans with Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks lost wages and compensatory and punitive damages for Craft, an order barring future discrimination, and other relief. The suit, captioned EEOC v. O’Reilly Automotive Stores, Inc. d/b/a O’Reilly Auto Parts (Civil Action No. 3:12-cv-710), was filed Sept. 27 in U.S. District Court for the Western District of Wisconsin in Madison and assigned to U.S. District Judge Barbara Crabb.

    “O’Reilly’s website states: ‘O’Reilly believes in. treating our customers and fellow team members in the same way that we would like to be treated,'” Rowe said. “Unfortunately, it appears that the company is not complying with its own principles. All Mr. Craft wanted was a short leave of absence so he could keep on performing successfully. There was no good reason why O’Reilly denied him that accommodation and then fired him.”

    EEOC Chicago Regional Attorney John C. Hendrickson added, “In our view, this is one of those cases in which a reasonable accommodation would have made all the difference. An employer would have kept a loyal and hard-working employee. The employee would have kept a needed job. That didn’t happen, apparently because of a violation of federal disability law. Our objective here will be to set things right.”

    According to O’Reilly’s website, O’Reilly Automotive, Inc. is one of the largest specialty retailers of automotive aftermarket parts, tools, supplies, equipment and accessories in the United States, serving both the do-it-yourself and professional service provider markets. Founded in 1957, O’Reilly operated 3,859 stores in 39 states as of June 30, 2012.

    The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Iowa, Minnesota, North Dakota, South Dakota, and Wisconsin, with Area Offices in Milwaukee and Minneapolis. The case will be litigated by attorneys in the Milwaukee Area Office.

    The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its website at t www.eeoc.gov.



    Benefits of stem cells for treating spinal cord injuries assessed: A realistic hope for spinal cord injury patients – ScienceDaily #somatic #cord, #stem #cells; #nervous #system; #disability; #bone #and #spine; #neuroscience; #stroke; #dementia; #schizophrenia


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    Benefits of stem cells for treating spinal cord injuries assessed

    A realistic hope for spinal cord injury patients

    Date: April 29, 2016 Source: American Academy of Orthopaedic Surgeons Summary: Stem cell therapy is a rapidly evolving and promising treatment for spinal-cord injuries. According to a new literature review, different types of stem cells vary in their ability to help restore function, and an ideal treatment protocol remains unclear pending further clinical research. Share:

    Stem cell therapy is a rapidly evolving and promising treatment for spinal-cord injuries. According to a new literature review, published in the April issue of the Journal of the American Academy of Orthopedic Surgeons (JAAOS), different types of stem cells vary in their ability to help restore function, and an ideal treatment protocol remains unclear pending further clinical research.

    Approximately 230,000 Americans suffer life-changing acute spinal cord injuries each year. These injuries lead to neurological compromise through an inflammatory response and cell death within the spinal cord. But stem cells are considered promising because they are self-renewing human cells that can differentiate into one or more specific cell types. Ideally, treatments for spinal cord injuries would limit existing cell death, stimulate growth from existing cells, and replace injured cells.

    “Stem cell treatment is a realistic hope for spinal cord injury patients,” said lead author Gregory D. Schroeder, MD, spine research and clinical fellow at the Rothman Institute at Thomas Jefferson University in Philadelphia. “There is high-quality basic science research, and clinical trials in humans are underway.”

    The authors evaluated research findings on different types of stem cells:

    • Mesenchymal stem cells (MSCs), most commonly harvested from bone marrow, can prevent activation of inflammatory responses that lead to cell death. Functional recovery using MSCs in spinal cord injury patients has been mixed.
    • Peripheral nervous system stem cells can secrete nerve growth factor to aid cell growth and temporarily act as replacement cells. Limited studies are promising, with one showing marked improvement in sensory scores but no improvement in motor function.
    • Embryonic stem cells, although controversial, are resilient, and many animal studies have shown that embryonic stem cells limit inflammatory responses and promote cell growth. Very few human studies have been published about embryonic stem cell treatment for spinal cord injury patients.
    • Induced pluripotent stem cells (iPSCs), derived from adult skin cells, are the newest stem cell being investigated for use in treating spinal cord injuries, but to date, no clinical studies have been published. Early animal studies indicate these cells offer benefits similar to those of embryonic cells without the ethical issues.

    Materials provided by American Academy of Orthopaedic Surgeons . Note: Content may be edited for style and length.

    1. Gregory D. Schroeder, Christopher K. Kepler, Alexander R. Vaccaro. The Use of Cell Transplantation in Spinal Cord Injuries. Journal of the American Academy of Orthopaedic Surgeons. 2016; 24 (4): 266 DOI: 10.5435/JAAOS-D-14-00375

    American Academy of Orthopaedic Surgeons. “Benefits of stem cells for treating spinal cord injuries assessed: A realistic hope for spinal cord injury patients.” ScienceDaily. ScienceDaily, 29 April 2016. www.sciencedaily.com/releases/2016/04/160429105533.htm .

    American Academy of Orthopaedic Surgeons. (2016, April 29). Benefits of stem cells for treating spinal cord injuries assessed: A realistic hope for spinal cord injury patients. ScienceDaily. Retrieved June 25, 2017 from www.sciencedaily.com/releases/2016/04/160429105533.htm

    American Academy of Orthopaedic Surgeons. “Benefits of stem cells for treating spinal cord injuries assessed: A realistic hope for spinal cord injury patients.” ScienceDaily. www.sciencedaily.com/releases/2016/04/160429105533.htm (accessed June 25, 2017).

    Aug. 13, 2015 Researchers are exploring a new therapy using stem cells to treat spinal cord injuries within the first 14 to 30 days of injury. The therapy uses a population of cells derived from human embryonic. read more

    June 8, 2015 New research shows promising progress in the use of stem cells for treatment of spinal cord injury. The results show that human stem cells that are transplanted to the injured spinal cord contribute. read more

    Aug. 24, 2013 Transplantation stem cells is a potential clinical therapy for repair of spinal cord injury. However, transplanted cells are especially vulnerable due to a lack of sufficient growth factors at the. read more

    Jan. 27, 2013 Stem cells from bone marrow or fat improve recovery after stroke in rats, finds a new study. Treatment with stem cells improved the amount of brain and nerve repair and the ability of the animals to. read more



    Seltzer Law Firm Employment lawyer Washington DC Maryland Northern Virginia attorney Discrimination Seltzer is an employment attorney and mediator who will fight for your rights! #employment #lawyer, #job #discrimination, #employer, #mediator, #employment #attorney, #washington, #dc, #maryland, #montgomery #county, #discrimination, #disability, #eeo. #wrongful, #discharge, #small #business, #workplace, #litigation, #advice, #legal, #district #of #columbia, #northern #virginia, #maryland, #montgomery #county, #prince #georges #county, #anne #arundel #county, #baltimore #city #county, #howard #county, #fairfax #county, #arlington #county, #alexandria #county


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    The D.C. Bar s unique and extremely successful Continuing Legal Education ( CLE ) Program is the subject of a feature article in the June 2017 Washington Lawyer Magazine. Diane Seltzer Torre, Chair of the CLE Committee who teaches numerous CLE programs each year, is quoted throughout the article regarding the courses offered and what sets the CLE.

    Happiness is not an automatic by-product of practicing law for many reasons. Maybe going solo is right for you

    The Judges of the United States District Court of Maryland gave Diane Seltzer Torre their Exceptional Service Award

    Employment law and civil rights law are constantly evolving areas of law. By focusing its practice on employment and civil rights matters, the Seltzer Law Firm is able to stay abreast of the latest developments in these fields, which best ensures that the firm s clients receive advice based on up-to-the-minute changes in the law.

    The Seltzer Law Firm concentrates on employment law and civil rights litigation. The Firm s philosophy is to provide practical solutions to complex, as well as common, workplace issues. We appear before all federal and state trial and appellate courts in the District of Columbia and Maryland, as well as before administrative agencies

    Diane Seltzer Torre earned her J.D. from American University s Washington College of Law in 1991, where she was a member of Law Review. She clerked for the judges of the Circuit Court for Washington County, Maryland after graduating from law school. She received her B.A. in Sociology, cum laude.

    The Seltzer Law Firm concentrates on employment law and civil rights litigation. The Firm s philosophy is to provide practical solutions to complex, as well as common, workplace issues. We appear before all federal and state trial and appellate courts in the District of Columbia and Maryland, as well as before administrative agencies



    Apply for Disability in Michigan – Office Locations, Resources #social #security #disability #michigan, #social #security #disability #detroit, #social #security #disability #mi


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    Social Security Disability Benefits Resources: Michigan

    Disability Determination Services

    At the Disability Determination Services offices accurate and prompt decisions are made on the disability benefits claims made by individuals. Decisions in this office are based on:

    • Medical Records
    • Medical and Psychological Evidence
    • Continuing Disability review
    • The applicant s own statement
    Michigan Disability Determination Services

    Disability Determination Services
    P.O. Box 32654
    Detroit, Michigan 48232
    Telephone: 313-456-1667
    Fax: 800-383-7155

    Disability Determination Services
    P.O. Box 345
    Detroit, Michigan 48231
    Telephone: 313-456-1443
    Fax: 800-383-7155

    Disability Determination Services
    P.O. Box 4020
    Kalamazoo, Michigan 49003
    Telephone: 269-337-3509
    Fax: 800-829-7763

    Disability Determination Services
    P.O. Box 30011
    Lansing, MI 48909
    Professional Relations Officer
    Telephone: 1-517-373-4398

    Disability Determination Services
    P.O. Box 1200
    Traverse City, MI 49685
    Professional Relations Officer
    Telephone: 1-800-632-1097

    Offices of Disability Adjudication and Review

    These offices are responsible for setting and conducting hearings and for releasing decisions of the Social Security Administration (SSA) regarding appeals and granting of benefits.

    Michigan Offices of Disability Adjudication and Review

    Office of Disability Adjudication and Review
    Patrick V. McNamara Federal Building
    477 Michigan Avenue, Room 900
    Detroit, Michigan 48226
    Telephone: (313) 226-2500
    Fax: (313) 226-3625
    Services the following Social Security Field Offices:

    MICHIGAN:
    Dearborn, Detroit (Connor), Detroit (Downtown), Detroit (East), Detroit (Grand River), Detroit (Southwest), Fort Gratiot, Hamtramck, Wyandotte

    Office of Disability Adjudication and Review
    300 West Second Street
    Flint, Michigan 48502-2047
    Telephone: (877) 607-9526
    Fax: (810) 257-3641
    Services the following Social Security Field Offices:

    MICHIGAN:
    Flint-Downtown, Flint-North

    Office of Disability Adjudication and Review
    Campau Square Plaza Building, Suite 300
    99 Monroe NW
    Grand Rapids, MI 49503
    Telephone: (866) 613-2860
    Fax: (616) 456-9061
    Services the following Social Security Field Offices:

    MICHIGAN:
    Grand Rapids, Holland, Kalamazoo, Muskegon

    Office of Disability Adjudication and Review
    4202 Collins Road
    Suite 200
    Lansing, Michigan 48910
    Telephone: (517) 337-2896
    Fax: (517) 337-4071
    Services the following Social Security Field Offices:

    MICHIGAN:
    Battle Creek, Jackson, Lansing, Owosso

    Office of Disability Adjudication and Review
    Crown Pointe Building, Suite 500
    25900 Greenfield Road
    Oak Park, Michigan 48237-1267
    Telephone: (877) 223-6060
    Fax: (248) 968-0205
    Services the following Social Security Field Offices:

    MICHIGAN:
    Farmington, Highland Park, Livonia, Mt. Clemens, Northwest, Pontiac, Roseville, Royal Oak, Sterling Heights



    Utah Social Security Disability Lawyer #salt #lake #city, #disability, #attorney, #utah, #social #security #disability #insurance, #lawyer, #law #firm, #ssdi, #ssi, #disability #benefits, #provo, #ogden, #logan, #draper, #sandy, #west #valley #city, #bountiful, #layton, #orem, #midvale, #murray, #lehi, #american #fork, #spanish #fork, #tremonton, #tooele, #brigham, #vernal, #price, #salt #lake #county, #utah #county, #davis #county, #weber #county, #cache #county, #tooele #county, #carbon #county, #northern #utah, #cache #valley, #ut, #supplemental #security #income, #social #security #disability #qualification, #ssi #eligibility, #guidelines, #appeal, #hearing


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    Welcome

    Utah Social Security Disability Benefits Lawyer

    At the Salt Lake City law firm of Ward Harper, Attorney at Law, we help people throughout of Utah, including Salt Lake City, Ogden, Provo, Orem, Logan, Vernal and Price, to establish their right to benefits under disability benefits programs run by the Social Security Administration. Contact our office for a free evaluation of your case.

    The Social Security disability claims process can present many hurdles for people trying to establish their eligibility for benefits. I represent individuals throughout the claims process. At the third stage of the process, I represent claimants in hearings before administrative law judges to prove their disabilities and right to collect payment. I usually win by the administrative hearing stage. But if not, I appeal. I have taken cases all the way to the 10th Circuit Court of Appeals.

    Success in SSDI and SSI Appeals

    I have won 99% of my cases since January 2001. Through September 2010, this amounted to 940 wins and 8 losses. I have won 1665 cases since 1994. Attorney Ward Harper will personally represent you before a judge and make the decisions in your case, not an associate or paralegal.

    No Legal Fees Unless We Obtain Benefits for You

    I charge no attorney’s fee while we are working on your case. Our standard fee is 25 percent of past-due benefits when we collect them on your behalf, up to a maximum of $6,000, if we win before appealing to federal court, as we usually do. Future benefits are all yours. You therefore pay nothing up front to benefit from our experience and skill.

    Ward Harper has focused on Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases for his entire career as a lawyer (since 1988) and advocate for Utah Legal Services since 1984. With more than 26 years of experience and a proven record of success in Social Security benefits litigation, he can help you collect the benefits you need. Contact his office in Salt Lake City for a free evaluation of your claim .

    Every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case. An attorney’s success in past legal matters should not be relied upon to predict a successful outcome in your own case.



    Social Security Disability Claims in Denver and the Rest of ColoradoDenver Social Security Law Firm #disability #lawyer #denver


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    Our experience with Social Security disability claims in Denver and the rest of Colorado

    Michael S. Krieger

    I received a Masters degree in psychology from the University of Colorado in Boulder, and followed that with a law degree from the Fleming Law School at the University of Colorado.

    I have been practicing law in Colorado since 1981 and have limited my practice to disability law, including Social Security disability and ERISA disability. I have handled all kinds of disability cases, both mental and physical disabilities.

    My professional memberships include:

    • The Colorado Bar Association.
    • The Faculty of Federal Advocates.
    • The National Organization of Social Security Claimant s Representatives (NOSSCR).
    • The Jefferson County Bar Association.
    • Selected Top Layer Disability Law 2016 by Denver s 5280 Magazine

    Please contact me for help with your Colorado Social Security disability claim.

    Michael S. Krieger
    Michael S. Krieger, LLC
    Denver Social Security disability lawyer

    165 S. Union Blvd. #555
    Lakewood, CO 80228

    AREAS SERVED: We handle Social Security disability claims for claimants from all over Colorado, with particular emphasis on the following areas.
    COUNTIES: Jefferson, Boulder, Adams, Arapahoe, Denver, Douglas, El Paso, Teller, Park, Summit, Clear Creek, and Gilpin.
    CITIES, TOWNS, AND COMMUNITIES: Jefferson County: Lakewood, Arvada, Wheat Ridge, Ken Caryl, and Columbine. Boulder County: Boulder, Longmont, Broomfield, and Lafayette. Adams County: Westminster, Thornton, Northglenn, Commerce City, and Brighton. Arapahoe County: Aurora, Southglenn, Littleton, Englewood, and Castlewood. Denver County: Denver. Douglas County: Highlands Ranch, Parker, and Castle Rock. El Paso County: Colorado Springs, and Security-Widefield.
    EXPERIENCED DISABILITY LAWYERS IN OTHER REGIONS: [links added later]

    Legal websites by James Publishing
    Entire site copyright © James Publishing



    RI DLT, Workforce Development Services – Trade Adjustment Assistance #rhode #island #department #of #labor #and #training, #workforce #development, #business #services, #workforce #investment #office, #youth #services, #veterans #services, #unemployment #insurance, #temporary #disability #insurance, #employment #security, #workers’ #compensation, #workforce #regulation #and #safety, #professional #regulation, #occupational #safety, #apprenticeship, #labor #market #information, #employment, #unemployment, #trade #adjustment #assistance, #rapid #response, #workshare, #prevailing #wage


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    Trade Adjustment Assistance

    Information from the US Dept.of Labor (click each link below)

    Trade Adjustment Assistance (TAA) is available to workers who lose their jobs or whose hours of work and wages are reduced as a result of increased imports. Under the Trade Act of 1974, workers whose employment is adversely affected by increased imports may apply for TAA, which includes a variety of benefits and reemployment services to help unemployed workers prepare for and obtain suitable employment. Workers may be eligible for:

    Job Search Allowance

    Other Reemployment Services

    Additional weeks of unemployment insurance benefits following the exhaustion of regular benefits
    (Trade Readjustment Allowance, TRA)

    NOTE:Benefits and eligibility criteria for the Trade Adjustment Assistance change frequently. For latest information, visit the U.S. Department of Labor web site at www.doleta.gov/tradeact

    Establishing Group Eligibility for TAA – You must file a petition with the Office of Trade Adjustment Assistance to establish group eligibility to apply for TAA. Petitions many be filled by a group of three or more workers, their union, or an authorized representative. You can obtain forms from your nearest netWORKri Office.

    Qualifying for Trade Readjustment Allowance – to qualify for trade readjustment allowances you must:

    Be covered by certification

    Be laid off due to lack of work in adversely affected employment

    Be laid off from employment on or after the impact date and before the ending date of certification

    Have worked at least 26 weeks at wages of $30 or more a week in adversely affected employment with a single firm or subdivision in the 52 week period ending with the week of separation.

    Have been entitled to and have exhausted all rights to Unemployment Insurance (UI) Benefits

    Meet the same weekly work text applicable to claimants for extended unemployment insurance benefits, including actively seeking, applying for and accepting work within your capabilities

    Be enrolled in or have completed an approved training program, unless training requirement is waived by the designated state agency

    For further information on the Trade Act or TAA, please contact any netWORKri office.
    the office of Trade Adjustment Assistance in the U.S. Dept of Labor or any Labor Department regional office.



    Apply for Disability in Michigan – Office Locations, Resources #social #security #disability #michigan, #social #security #disability #detroit, #social #security #disability #mi


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    Social Security Disability Benefits Resources: Michigan

    Disability Determination Services

    At the Disability Determination Services offices accurate and prompt decisions are made on the disability benefits claims made by individuals. Decisions in this office are based on:

    • Medical Records
    • Medical and Psychological Evidence
    • Continuing Disability review
    • The applicant s own statement
    Michigan Disability Determination Services

    Disability Determination Services
    P.O. Box 32654
    Detroit, Michigan 48232
    Telephone: 313-456-1667
    Fax: 800-383-7155

    Disability Determination Services
    P.O. Box 345
    Detroit, Michigan 48231
    Telephone: 313-456-1443
    Fax: 800-383-7155

    Disability Determination Services
    P.O. Box 4020
    Kalamazoo, Michigan 49003
    Telephone: 269-337-3509
    Fax: 800-829-7763

    Disability Determination Services
    P.O. Box 30011
    Lansing, MI 48909
    Professional Relations Officer
    Telephone: 1-517-373-4398

    Disability Determination Services
    P.O. Box 1200
    Traverse City, MI 49685
    Professional Relations Officer
    Telephone: 1-800-632-1097

    Offices of Disability Adjudication and Review

    These offices are responsible for setting and conducting hearings and for releasing decisions of the Social Security Administration (SSA) regarding appeals and granting of benefits.

    Michigan Offices of Disability Adjudication and Review

    Office of Disability Adjudication and Review
    Patrick V. McNamara Federal Building
    477 Michigan Avenue, Room 900
    Detroit, Michigan 48226
    Telephone: (313) 226-2500
    Fax: (313) 226-3625
    Services the following Social Security Field Offices:

    MICHIGAN:
    Dearborn, Detroit (Connor), Detroit (Downtown), Detroit (East), Detroit (Grand River), Detroit (Southwest), Fort Gratiot, Hamtramck, Wyandotte

    Office of Disability Adjudication and Review
    300 West Second Street
    Flint, Michigan 48502-2047
    Telephone: (877) 607-9526
    Fax: (810) 257-3641
    Services the following Social Security Field Offices:

    MICHIGAN:
    Flint-Downtown, Flint-North

    Office of Disability Adjudication and Review
    Campau Square Plaza Building, Suite 300
    99 Monroe NW
    Grand Rapids, MI 49503
    Telephone: (866) 613-2860
    Fax: (616) 456-9061
    Services the following Social Security Field Offices:

    MICHIGAN:
    Grand Rapids, Holland, Kalamazoo, Muskegon

    Office of Disability Adjudication and Review
    4202 Collins Road
    Suite 200
    Lansing, Michigan 48910
    Telephone: (517) 337-2896
    Fax: (517) 337-4071
    Services the following Social Security Field Offices:

    MICHIGAN:
    Battle Creek, Jackson, Lansing, Owosso

    Office of Disability Adjudication and Review
    Crown Pointe Building, Suite 500
    25900 Greenfield Road
    Oak Park, Michigan 48237-1267
    Telephone: (877) 223-6060
    Fax: (248) 968-0205
    Services the following Social Security Field Offices:

    MICHIGAN:
    Farmington, Highland Park, Livonia, Mt. Clemens, Northwest, Pontiac, Roseville, Royal Oak, Sterling Heights



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    Wheelchair Vans, Medical Transportation, Travel Anytime Anywhere, Search our locations

    Wheelchair Getaways � is the leading wheelchair van rental company in the United States. We rent wheelchair and scooter accessible vans in almost every city in the US. We offer 24-hour emergency assistance, a knowledgeable staff, and the adaptive features that make traveling safe and comfortable.

    Daily rental rates vary from $80 to $145*, depending on the location. Lower rates are available for long-term rentals. Contact the desired franchise for rates and availability.

    Wheelchair Getaways is a low cost solution to your accessible transportation needs. As an alternative to non-emergency medical transportation and a provider of interim vehicles for drivers with temporary disabilities, we have a good reputation among insurance professionals who have used our services.

    Our wheelchair vans are available also for customers considering the purchase of modified vehicles. We recommend “trying before buying.” On our website, Wheelchair Getaways also maintains an inventory of used vans for sale.

    Handicapped accessible vans come from the premier lowered floor van manufacturers such as Vantage Mobility (VMI) and Braun (BraunAbility).

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    Wheelchair Getaways � locations rents only late model wheelchair accessible vans for your safety and enjoyment. In addition, some locations offer scooter rentals, power wheelchair rentals, and GPS rentals for your travelling needs. Availability varies by location, so when making your reservation for your handicap rental van, please ask!

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    At Wheelchair Getaways, we understand the challenges of wheelchair travel, because many of our staff use wheelchairs or have family members who do. We only rent premier late model adaptive vehicles with all the wheelchair adaptive features you need for safe, accessible travel.

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    Michigan Car Accident Lawyer #disability #lawyer #chicago


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    One law firm is leading the way. One call can make the difference.

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    Experienced Disability Attorney in San Diego, CA

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    Armed with more than 45 years of combined legal experience, our lawyers safeguard the rights of disabled and injured individuals. We represent clients exclusively on a contingency fee basis, which requires no out-of-pocket expenditure on your behalf.

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    Unfortunately, valid claims for disability benefits are routinely denied. Some are denied based on a technicality; the claimant failed to file the correct paperwork or missed a deadline. Others are denied because the claimant failed to properly document his or her disability with adequate medical evidence (i.e. reports from your treating doctor).

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    EEOC Sues O’Reilly Auto Parts for Disability Bias #capital #auto #auction


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    EEOC Sues O’Reilly Auto Parts for Disability Bias

    Company Refused to Accommodate Employee With Seizure Disorder, Then Fired Him, Federal Agency Charges

    MADISON, Wis. – O’Reilly Automotive Stores, Inc. a national retailer doing business as O’Reilly Auto Parts, violated federal law by denying the manager of its Beloit, Wis. store an accom modation for his disability and then firing him, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

    According to John Rowe, director of EEOC’s Chicago District, which includes Wisconsin, the agency’s investigation revealed that in February 2011, Heath Craft was diagnosed with seizure disorder. On March 9, Craft notified O’Reilly of his impairment and requested a one-month leave of absence for treatment. O’Reilly did not engage him in a good-faith interactive process about his leave request and instead fired him on March 31, 2011.

    Denying an employee a reasonable accommodation and then firing him because of his disability violates the Americans with Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks lost wages and compensatory and punitive damages for Craft, an order barring future discrimination, and other relief. The suit, captioned EEOC v. O’Reilly Automotive Stores, Inc. d/b/a O’Reilly Auto Parts (Civil Action No. 3:12-cv-710), was filed Sept. 27 in U.S. District Court for the Western District of Wisconsin in Madison and assigned to U.S. District Judge Barbara Crabb.

    “O’Reilly’s website states: ‘O’Reilly believes in. treating our customers and fellow team members in the same way that we would like to be treated,'” Rowe said. “Unfortunately, it appears that the company is not complying with its own principles. All Mr. Craft wanted was a short leave of absence so he could keep on performing successfully. There was no good reason why O’Reilly denied him that accommodation and then fired him.”

    EEOC Chicago Regional Attorney John C. Hendrickson added, “In our view, this is one of those cases in which a reasonable accommodation would have made all the difference. An employer would have kept a loyal and hard-working employee. The employee would have kept a needed job. That didn’t happen, apparently because of a violation of federal disability law. Our objective here will be to set things right.”

    According to O’Reilly’s website, O’Reilly Automotive, Inc. is one of the largest specialty retailers of automotive aftermarket parts, tools, supplies, equipment and accessories in the United States, serving both the do-it-yourself and professional service provider markets. Founded in 1957, O’Reilly operated 3,859 stores in 39 states as of June 30, 2012.

    The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Iowa, Minnesota, North Dakota, South Dakota, and Wisconsin, with Area Offices in Milwaukee and Minneapolis. The case will be litigated by attorneys in the Milwaukee Area Office.

    The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its website at t www.eeoc.gov.