You may not be aware that one important disability rule changed in April 2020. Unfortunately, this rule will keep people from receiving disability who previously qualified. The rule impacts older, non-English speaking applicants. People who previously would have qualified for federal Social Security Disability Insurance (SSDI), or Social Security Income (SSI) through the Social Security Administration (SSA) may face more disability denials.
There is already an exorbitant number of people who are denied disability when they initially apply. This rule change will increase the number of denials for people who are disabled and are unable to work. Because of this targeted attack on the disabled population, disabled people will suffer. In this article, we will discuss more this rule change. If you are concerned that it will impact your claim, then speak to a denial of a disability attorney in Jacksonville.
If, after reading this article, you have more questions about your own circumstances, then the denial of disability attorneys in Jacksonville at RITE Law are here to help. At RITE Law, we have a group of denial of disability attorneys in Jacksonville who have your best interests at heart, and who have the training and resources to make sure that you receive the compensation you deserve. Our number is (904) 500-RITE or you can fill out our contact form online. We provide a free case evaluation, so call today.
1. The Rule Change
Before April 2020, the SSA would consider whether someone was unable to communicate in English when making a disability determination. With the new rule change, however, the SSA no longer needs to consider a person’s inability to communicate in English.
2. How Does the Rule Impact Me?
When the SSA makes disability determinations they look at many factors. It is not just the physical disability that makes a person unable to work. They look at the whole person, which includes work history, education level, age, job market, and things of that nature.
Each item the SSA looks at is listed in their rules and regulations. The inability to communicate in English was listed under the section titled “Your education as a vocational factor” and includes illiteracy, marginal education, limited education, and high school education, and above. All of those factors were a part of the total picture that the SSA looked at when granting or denying disability. No longer will they consider the inability to communicate in English.
This rule change will disproportionately affect people ages 45 and over. Before the change, if a disability applicant was 45 or older, then the inability to comminate in English was a factor considered in the disability determination. Groups that advocate for seniors and the elderly were against this rule change for many reasons. These reasons include, that it will make it much harder for people that are older and unable to work due to a disability, to qualify for benefits because of that disability.
While the inability to speak English would not alone qualify someone age 45 or older for disability, it helped the disability examiner look at all factors in conjunction with that fact in making the final determination. The SSA would look at what sort of work the disabled person did in the past, what they are qualified and trained to do, and the availability of jobs in the area they could do. The fact that a person could not speak English would limit the jobs a person could do and be properly factored in the equation. However, now that this is no longer the rule, people will face denials. Contact a denial of a disability attorney in Jacksonville with any questions.
3. Going Forward From this Change
Despite the SSA has these rules, there are always different paths to help people who are unable to work get the disability they deserve. The SSA has different regulations and rules depending on a person’s age and disability. Therefore, do not give up if you are unable to communicate in English and fear that the rule change will mean a disability denial.
People who are unable to work due to a mental or physical disability should always try to get the benefits they need. A skilled attorney can help you through the process, and he or she will give you much-needed advice on how to proceed with your case. Denial of a disability attorney in Jacksonville is who you need to contact to discuss your disability and your path to receiving benefits.
Look to a Seasoned Disability Attorney in Jacksonville for Assistance with Your Disability Application
At RITE Law, we started the firm for one reason – to help those in Florida and elsewhere have the resources of a firm that was “big enough to fight but small enough to care.” At Rudolph, Israel, Tucker & Ellis (RITE law), we have the resources and experience to go to trial when it is necessary, and we have the wisdom to advise you appropriately.
Expect lots of attention, passionate representation, and a healthy disdain for big insurance companies. We believe that leads to the best result possible. Unlike larger firms, your case isn’t handed to a paralegal or assistant to do the heavy lifting. The attorney you meet initially is the one who will be by your side every step of the way.
We also take pride in creating an atmosphere where every client is treated like family. Family members stick up for one another no matter what. You should expect nothing less from the RITE Law denial of disability attorneys in Jacksonville.
Without help from the RITE team, making your own disability claims can be very difficult. When you turn to our firm, we spring into action, making sure that every detail of your claim is addressed. Call us for help. Our number is (904) 500-RITE or you can fill out our contact form online. We provide a free case evaluation, so feel free to call us today.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction