For years, MCV Law's Social Security Disability lawyers have advocated for the rights of people applying for Social Security Disability benefits, helping them provide for themselves and their families after their hard work has made it difficult to continue working due to a disability.
Lynn the paralegal at MCV Law working for Kim Slimbaugh, has been essential in getting my approval for SSD, starting with our first phone call in January 2021. Lynn is very knowledgeable and fielded all my emails and phone calls promptly, regarding my questions and concerns. She continued to stay in close contact through out my one year plus case. Although I was not her only client, Lynn made me feel like her priority. She was tenacious in getting in contact with the SS offices, often sending several emails and calling my SS case manager. I feel very thankful and blessed to have Lynn in my corner at MCV Law. I couldn’t have done it without her expertise services.
You've worked hard all your life and paid in to Social Security. When your hard work leaves you with a disability and makes it difficult to continue working, you may think that getting Social Security Disability benefits should be easy. Unfortunately, getting Social Security Disability benefits is a lot more complicated than it may seem.
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There is a very specific criteria that must be met in order to be approved for Social Security Disability benefits. The Social Security Disability system also puts the burden of proof on the disabled worker. This means that when you've developed a disability that makes it hard to continue working, you have to prove that your disability is serious enough to prevent you from being able to work.
The Social Security Disability lawyers at MCV Law have years of experience in helping people navigate the complexities of Social Security Disability benefits. We have a record of results in helping disabled workers provide for themselves and their families.
My daughter and I worked with Kim Slimbaugh to appeal my Social Security Disability Claim. Kim as well as her staff were always on top of my medical information and knew my file from front to back. I can’t tell you how pleased I was with their professionalism and personal kindness. I will always suffer with my physical issues due to an accident, but I know that I have one less thing to worry about thanks to Atty Slimbaugh and MCV LAW.
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Whether Your Social Security Disability Claim Has Been Denied, You're Just Starting the Process or Anything in Between, Our Rochester, NY Social Security Disability Lawyers Can Help.
The Social Security Disability lawyers at MCV Law are here to help advocate for you. We can help make sense of a confusing, frustrating and often overwhelming situation.
I must highly recommend the professional and knowledgeable Kim Slimbaugh at MCV Law Firm. I started to speak with Kim over the phone at the start of the covid-19 pandemic. After many conversations then and though out the pandemic my hearing was finally set after a long 1- 1/2 years. Kim presented and represented my case that we subsequently won.Thank you again Kim I will always be grateful for your hard work and dedication to my case especially during a difficult time in my life.
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I very much appreciate everyone at this practice. It was a long road but they were there every step. I definitely recommend being represented by the good people at MCV Law. Thank you all so much for all you’ve done. You made a difference ❤️
They were great! I had a great experience throughout my time with them, from the very 1st phone call all the way through court they were attentive, responsive, knowledgeable, and friendly. Our lawyer was fantastic and always willing to address our needs in a quick and kind fashion.If you have been mistreated in the workplace due to a disability, you have suffered from disability discrimination. The federal American with Disabilities Act and the New York Human Rights Law prohibits discrimination of this kind. Under the laws, your employer cannot discriminate against you based on a real or perceived disability and also must make reasonable accommodations to allow you to perform your job functions.
Even with these strict guidelines, countless employers try to get around the law and discriminate against employees. Fortunately, you can fight back with the help of The Cimino Law Firm. Call us today to schedule a confidential consultation.
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A disability is defined as a mental, physical, or medical condition that creates substantial limitations when engaging in major life activities, such as hearing, learning, or walking. The disability can be current, such as multiple sclerosis, or in the past. For example, if a person had cancer, but it is now in remission, he or she is still protected from disability discrimination. Those who have family members with disabilities are also protected.
Disability discrimination occurs when someone who is qualified and can perform a job with or without reasonable accommodation is treated unfairly. This happens in many different ways. Look at some of the most common ways employers discriminate against people with disabilities.
Disability discrimination often occurs during the recruitment or hiring process. Some employers use language like “seeking able-bodied employees” to weed out disabled applicants. Others ask people about their medical histories during the application process or require that they undergo medical exams before considering them for a job. Employers cannot ask applicants medical questions or require that they take medical exams during the job process.
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Employers are allowed to require employees to take medical exams after extending an offer of employment. They can also ask medical questions. However, the law has put guidelines in place regarding these practices. If an employer requires exams or asks medical issues, the company must do so for each person it hires. A company is committing discrimination if it only requests this for some employees.
As members of a protected class, people with disabilities cannot legally be subject to harassment in the workplace. This includes off-color jokes, rude comments, and offensive pictures or videos. If it happens once, it is not considered a hostile work environment. However, if the disabled employee is confronted continuously with harassment at work, he or she will have a claim.
Those who have disabled family members are also protected from disability discrimination. Employers often refuse to hire or promote people who are married to someone with a disability. They claim the employees cannot devote the necessary time to the job. However, this is discrimination.
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Some employers refuse to promote people with current or past disabilities. The employer might refuse to promote the most qualified employee because of the possibility of missed work due to the disability. Also, the employer might not want someone whose cancer is in remission out of fear that it will come back. Both examples are against the law. If someone can perform the job duties and is the best candidate, he or she should not get passed over due to a disability.
Job-related decisions cannot be made based on a disability, as long as the employee is qualified and able to perform the job functions with or without reasonable accommodation. That includes termination. Some employers fire people after they become disabled, even though they can do their necessary job functions. Others fire people who take protected leave due to the disability. Disability-related absences are considered reasonable accommodation in the workplace. Firing someone due to taking leave is disability discrimination and against the law.
The law makes it clear that employers must provide reasonable accommodation to allow disabled employees to perform their jobs. Sadly, many employers who have the means to accommodate employees still fail to do so. In fact, between the years of 2012-2014, 34 percent of the disability claims filed with the EEOC were due to a lack of reasonable accommodation. It is even worse in New York, where 42 percent of the complaints were filed based on this issue.
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There is some confusion regarding what reasonable accommodation means under the law. The law requires that employers provide reasonable accommodation for those who have mental or physical limitations. This means that the employer must make adjustments in the workplace so the employee can perform his or her duties.
The keyword is “reasonable.” The employer must be able to make the accommodation without spending an unreasonable amount of money or causing an unreasonable disruption to the workplace.
Examples of unreasonable accommodation would be removing essential job functions to allow the employee to work or making another employee take on additional work.
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Direct evidence is rare in these cases. Most employers don’t send emails that clearly state that they are discriminating against an employee. Typically, circumstantial evidence is used to prove the claim.
You also need evidence that you were qualified for the position with or without reasonable accommodation. That means you must be able to perform the duties of the job.
Once you gather the evidence, you can file a claim with the state of New York, the federal government, or both. You also have the option to file a suit against your employer.
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If you are a
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