The U.S government defines disability as a limit for a person to participate in a range of life activities considered major and critical for survival. Activities enlisted include hearing, seeing, walking, working, and thinking (U.S. Centers for Medicare & Medicaid Services, 2020). Americans with Disabilities Act (ADA) protects such individuals from discrimination and offer benefits to cushion persons living with disabilities from their challenges. Besides guaranteeing benefits, the ADA seeks to protect persons living with disabilities from discriminations in professional recruitments, public accommodations, and government services. The disability policies offer benefits under two categories; short-term and long-term benefits. Short-term benefits may last up to a maximum of two years, while long term benefits may last for a few years or until when the disability suffered ends (U.S. Centers for Medicare & Medicaid Services, 2020).
Ineligibility
Despite the assured benefits, several factors may render an employee ineligible for disability benefits as provided in the ADA. The first elimination criterion is the failure to meet the threshold of the definition of disability. If an employee is partially limited but still executes the major life activities listed in the definition, the employee becomes ineligible to claim for disability benefits. The rationale is that persons with partial difficulties may still execute their duties and earn a living on a similar scale with healthy individuals. Second, an employee becomes ineligible immediately after the disability ends, or the short term policy ends. Extension of benefits is barred since the employees are no longer termed as disabled under such circumstances. The cause of disability may also disqualify an employee. Eligible applicants for disability benefits should prove that the disability was acquired at birth or through natural disasters or accidents. Employees who are disabled while committing crimes that resulted in felony convictions are ineligible for the benefits. The same ineligibility applies to those in jail, prison, or other correctional facilities. This rule discourages citizens from committing a crime with the hope of earning compensation benefits in case they are harmed. When an employee has claimed or is a recipient of unemployment insurance or paid family leave benefits, they are also ineligible for disability benefits. This will amount to double compensation. The same reason applies to employees receiving workers' compensation benefits that equal or surpasses the disability benefits. Failure to have a medical examination that proves disability may also disqualify one from the benefits (Employment Development Department, 2020). The government relies on the assumption that only an authorized medical examination may qualify one as being disabled. The expenses incurred are associated with disabilities. The severity of the disability, as identified from the medical report, dictates expenses that should be accorded to the person living with the disability.
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References
Employment Development Department. (2020). Eligibility . Employment Development Department | California. https://edd.ca.gov/Disability/Employer_Eligibility.htm
U.S. Centers for Medicare & Medicaid Services. (2020). Disability . HealthCare.gov. https://www.healthcare.gov/glossary/disability/