Typically, if a person has a physical or emotional (mental) impairment that causes him or her to be unable to do any kind of work for which he or she is suited (given the person’s age, schooling, and work experience) and the incapacity is expected either to survive for a minimum of one year or to result in passing, then that individual will likely be considered disabled for Social Security purposes. Let’s know more about a disability lawyer.
Social Security manages four different benefit programs for people with handicaps: Social Security Disability Insurance (SSDI), Supplemental Security Income, Disabled Widows and Widowers benefits (DWB), and Disabled Adult Child Benefits (DAC). The medical conditions to prove for making disability decisions, the procedure, in addition to handicap, is the same for each program.
Many folks mistake the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) plans. The differences between them are as follows:
SSDI pays benefits to you personally and certain members of your family if you’re “insured” (you have worked long enough and paid Social Security taxes, which finance this plan). A person who is qualified to receive SSDI will be enrolled in Medicare after receiving 24 months of benefits.
SSI pays benefits predicated on financial need to you, whether you’ve at any time worked. SSI is a Federal income supplement program funded by general tax revenues (not Social Security taxes). An individual who’s eligible to get SSI automatically qualified for Medicare (without a waiting period).
In case you are denied on your Initial Promise, a qualified social security disability lawyer can provide representation and help you with your claim for continuing and past due benefits (back pay).
First claims are typically refused 60 to 70 percent of the time, determined by the state in so chances are you will wind up in a hearing.
Social Security Disability Lawyer
Your odds of receiving disability benefits is able to significantly increase. Whether you appealing a previous refusal or are applying for the very first time, a Social Security Disability lawyer may be a valuable resource to get on your side.
Nearly all applicants for Social Security Disability benefits do not know just how to v required paperwork correctly. Hence, while a Social Security Disability lawyer is not needed, hiring an experienced third party representative can lead to a fast, successful resolution of the impairment process.
Causes of Dismissal of an Employee
Under Article 282 of the Labor Code, an employer may terminate an employment for any of these causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the worker of the trust reposed in him by his employer or duly authorized representative;
(d) Commission of a crime or violation by the employee against the person of his employer or some immediate member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing.
Authorized Cause for Termination
Authorized causes for dismissal of worker refer to those lawful reasons for termination which in general don’t arise from negligence or fault of the employee, as perhaps generally defined. “Authorized causes” are differentiated from “just causes” under Article 282 in that the latter are always based on actions attributable to the worker’s own error or neglect.
Authorized causes for Conclusion
The authorized causes for termination of an employee are enumerated under Article 283 and 284 of the Labor Code, as follows:
Installation of labor-saving devices. The setup of labor-saving apparatus considers the installation of machines to effect economy and efficacy in the approach of production.
Redundancy. Where the professional services of an employee are in excess of what’s fairly required by the actual demands of the business redundancy exists. A position is redundant where it superfluous, and superfluity of a place or places could be the result of a number of variables, for example over the hiring of workers, fell of volume company, or falling of a specific product line or service activity formerly fabricated or undertaken by the enterprise.
Retrenchment to stop losses. Retrenchment is an economical ground to decrease the number of employees. Retrenchment is the decrease in personnel with the aim of cutting down on prices of operations in terms of wages and salaries resorted to by an employer due to losses in operation of a business occasioned a considerable decrease in the quantity of business and by lack of work. It’s occasionally also referred to as downsizing. It is aimed at saving a business establishment that was fiscally ailing from finally collapsing.
Closure or cessation of functioning. The close of a business establishment is a ground for the termination of the services of an employee unless the closing is for the intent of circumventing relevant provisions of the Labor Code.
Disease. An employer may terminate the professional services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his well-being in addition to the wellness of his co-workers.
It ought to be noted that the preceding enumeration isn’t an exhaustive record of authorized causes of termination of employment. Valid application of union security clause, move of the company, amongst others, could additionally contemplate authorized reasons for the conclusion.
Constructive dismissal is an employer’s act amounting to termination but made to seem as if it weren’t – a dismissal in disguise. In most cases of constructive dismissal, the employee is permitted to continue to work, but is simply reassigned, or demoted, or his pay diminished without a valid reason to do that.
Constructive dismissal doesn’t consistently entail diminution or forthright termination in prerogatives, compensation, benefit and rank. There might be constructive dismissal if an action of clear discrimination, insensibility or disdain by a company becomes so unbearable on the part or the worker that it might foreclose any choice by him except to forego his continued employment. (See Hyatt Taxi Services case, G.R. No. 143204, June 26, 2001.)
Constructive Dismissal and Involuntary Resignation
Constructive dismissal is an involuntary resignation leading to a cessation of work resorted to when ongoing employment becomes impossible, unreasonable or improbable; when there’s a demotion in status or a diminution in pay; or when a clear discrimination, insensibility or contempt via an employer becomes intolerable to an employee.