Category: Firm News

What Are Reasonable Accommodations Under Arizona Law?

In Arizona, reasonable accommodations are modifications or adjustments to a job or employment environment that allow a person with a disability to perform essential job functions. These accommodations are mandated by both federal and state laws, including the Americans with Disabilities Act (ADA) and the Arizona Civil Rights Act. Some reasonable accommodations are providing a sign language interpreter for a deaf employee, allowing a flexible work schedule for someone with a chronic illness, or installing a ramp for a wheelchair user.

What Are My Rights Under the Americans with Disabilities Act (ADA)?

Under the ADA, you have the right to request reasonable accommodations that will enable you to perform your job despite your disability. This federal law applies to employers with 15 or more employees, and it prohibits discrimination in hiring, promotions, termination, and all aspects of employment.

If your employer denies your request for accommodations, they must show that the accommodations would cause an undue hardship. This means that the accommodations would be significantly expensive or difficult in relation to the size of the employer, their financial resources, and the nature of their business.

What Are My Rights Under the Arizona Civil Rights Act?

The Arizona Civil Rights Act provides additional protections for workers with disabilities in Arizona. This state law applies to employers with 15 or more employees, and it also prohibits discrimination based on disability.

Under this law, you have the right to request reasonable accommodations, and your employer must provide them unless they can show that this would cause an undue hardship. The Arizona Civil Rights Act also gives you the right to file a complaint with the Arizona Civil Rights Division if your request for accommodations is denied.

What Should I Do If My Request for Reasonable Accommodations Is Denied?

If you’ve requested reasonable accommodations and your employer has denied your request, it’s important to take several steps to protect your rights. First, document everything. Keep a record of your request and any responses you receive. This could be crucial evidence if you need to file a complaint or lawsuit later.

Next, try to resolve the issue with your employer. It’s possible that there’s been a misunderstanding or that your employer isn’t aware of their legal obligations. If you’re unable to resolve the issue, you may need to lodge a complaint with the Arizona Civil Rights Division or the Equal Employment Opportunity Commission (EEOC). These agencies can investigate your complaint and may be able to help you obtain the accommodations you need.

How Can I Prove That My Accommodations Are Reasonable?

Proving that your requested accommodations are reasonable can be a complex process. You may need to provide medical documentation or expert testimony to show that your disability requires the accommodations you’ve requested. You’ll also need to show that the accommodations wouldn’t impose an undue hardship on your employer.

What if My Employer Claims They Were Unaware of My Disability?

Sometimes, an employer might claim they were unaware of your disability as a defense for not providing reasonable accommodations. However, under the ADA and the Arizona Civil Rights Act, an employer’s obligation to provide reasonable accommodations begins when they become aware of your disability and your need for accommodations.

What if My Employer Offers an Alternative Accommodation?

In some cases, your employer might offer an alternative accommodation instead of the one you’ve requested. The ADA and the Arizona Civil Rights Act require that employers engage in an interactive process to determine an effective accommodation. This means that your employer can suggest alternatives, but these must still allow you to perform your job effectively.

Can I Be Fired for Requesting Reasonable Accommodations?

Under the ADA and the Arizona Civil Rights Act, it’s illegal for employers to fire employees for requesting reasonable accommodations. This is considered a form of disability discrimination. If you’ve been fired after requesting accommodations, you may have a wrongful termination claim.

What Should I Do If I Face Retaliation for Requesting Accommodations?

If you face retaliation for requesting reasonable accommodations, such as being demoted, harassed, or even fired, it’s crucial to take immediate action. Document any instances of retaliation and report them to your employer’s human resources department. If the retaliation continues, you may need to file a complaint with the EEOC or the Arizona Civil Rights Division.

What Can an Experienced Lawyer Do to Help?

If you’re facing a denial of reasonable accommodations, an experienced lawyer can be a significant help. They can educate you on your rights, gather evidence to support your case, and navigate the complex legal process. They can also negotiate with your employer on your behalf, and represent you in court if necessary.

If you’ve been denied reasonable accommodations in Arizona, or if you’ve faced retaliation for requesting accommodations, call Roeschke Law today at 800-975-1866 for a free consultation! They can guide you through the legal process, advocate for your rights, and help you seek the fair treatment you deserve under the law.

What is the Social Security “Blue Book” and How Does It Apply to My Medical Evaluation?

A proper and sanctioned medical evaluation is critical to applying for Social Security Disability. This medical evaluation gives Social Security a detailed and clear understanding of your disability conditions and the vital information they need to make a qualified and accurate decision on your SSD claim.

According to the SSD rules, these provided physicians use the Disability Evaluation Under Social Security guidelines; this is usually referred to as the blue book and helps them to evaluate you for the type and extent of your disability.

This “Blue Book” includes a detailed listing of disabilities and impairments for adults and children. The book also sets exact requirements for the severity of your symptoms, specific clinical findings, and lab tests needed for each impairment; if found, some impairments may be considered for automatic approval of your SSD application.

Your private healthcare practitioner, working with your skilled and experienced Social Security disability lawyer, can provide you with significant help in determining if you meet the requirements listed in the Blue Book. They will know if you are missing vital information such as lab tests, etc., so you can proactively work to ensure complete documentation (and application), which helps you process your application faster and have a better chance of SSD approval.

Can My Private Doctor Put Me on Social Security Disability?

Even if your condition is not listed in the Disability Evaluation Under Social Security guidelines (Blue Book), you and your Social Security disability lawyer can work to prove that your disability affects your ability to work to a severe degree. Therefore, if you can’t do sustained work or your disability meets specific rules under the Medical-Vocational Guidelines, you may still be able to receive benefits.

Your doctor usually cannot approve you getting SSD benefits, but they will still play a significant and critical part in your application. They will be the first step in providing your medical information, treatment, and prognosis.

However, the Social Security Disability administrators may also ask for additional records, such as;

• More detailed and thorough medical information or specific medical records.
• Request specific forms or tests that may not have been initially included.
• Or (and this is quite common) request a complete medical examination done by their doctors.

It’s always possible that your disability does not meet the requirements for automatic approval under disability law; the claims examiner does have the option of your impairments being considered equivalent to a similar listing or considering a combination of impairments that are not severe enough individually but should be granted benefits when combined.

Applying correctly for SSD benefits is complex; your disability lawyer will significantly help with this process. You must note that many times, it’s highly challenging to prove that an impairment or impairments equal the Blue Book Listings. However, your SSD lawyer will thoroughly know the blue book and the information you need to make your Social Security disability evaluation work in your favor.

Are There Certain Medical Conditions That May Automatically Approve Me For SSD Benefits?

Social Security defines “disability” as that you are “disabled” if you can no longer do any substantial gainful activity due to your current medical or physical condition. Additionally, your present physical (or, at times, mental) impairment could result in your death or has lasted and is expected to last for a continuous period of not less than 12 months.

Your experienced Social Security Disability lawyer comprehends that the Social Security Administration’s listings of medical impairments that qualify for disability benefits can be complex and confusing, but also knows how to navigate this treacherous legal path.

You should note that there are types of disabilities that may automatically qualify you for Social Security Disability benefits. Some examples of these are:

• Musculoskeletal system conditions – Including Arthritis, Fibromyalgia, chronic back pain, and more.
• Mental or mood disorders – Such as PTSD, Depression, Schizophrenia, and more.
• Cardiovascular conditions – These may include angina, high blood pressure, heart diseases, and more.
• Almost all types of Cancer.
• Nervous system disorders – Blindness, Parkinson’s disease, and more.

Your Social Security law team, experts and knowledgeable in these applications, will know what to look for and what documentation you need. If you automatically qualify, they will advise you. Please note, however, that the type of disability condition and situation is unique, and your law team will approach it legally in that spirit, providing you with the best chances of success.

What Is a Consultative Examination, and How Can It Affect My SSD Approval?

In more cases than not, when you’re applying for Social Security Disability benefits, you probably will have to attend a disability examination, usually called a consultative examination.

These exams are conducted by medical professionals hired by, or work for, the Social Security Administration (SSA). These medical professionals will assess and confirm your medical condition and help clearly define your physical or mental limitations.

This is a vital area that your experienced and skilled SSD attorney will help you prepare for and ensure you inadvertently don’t say or do anything that may jeopardize the chances of getting SSD benefits.

The consultative examination (CE) is a critical and vital part of the SSD application and evaluation process.

The primary reason for this exam is to provide substantial medical evidence to the Social Security Administration (SSA) so they can make an informed and correct decision on your case. Some of the most important reasons for this exam are;

• Confirm your disability and medical condition fully.
• Assess the severity of your condition and evaluate your functional limitations.
• Assess your mental health.
• Verify claims your medical team has made.
• Assist significantly in the approval process.
• Addressing other specific questions, if needed, and more.

I Must Take a Medical Exam For My SSD Application; How Should I Proceed?

Every day in the U.S., injuries and illness stop hard-working Americans from earning a living. When this occurs in your life, Social Security Disability benefits become vitally important to you and your family.

Consulting with an experienced and knowledgeable San Diego Social Security disability law firm will help to ensure you file correctly and comprehensively the first time. Your Social Security Disability lawyer will always give you the best legal advice on applying, especially what to expect if you must take a physical exam to get approved for your SSD benefits.

The best advice is: Do not try this alone. The San Diego-based Roeschke Law, LLC has a long and winning history of representing SSD clients get the benefits they need and deserve.

Call them today at (800) 975-1866 for a consultation on your case and the informed, knowledgeable, and empathetic representation you and your family deserve.

If I am Injured or a Disabled Person, Should I File for Social Security Disability
Benefits if I Have Long Term Disability Insurance?

First, it’s vital to understand that if you have long-term disability insurance, you can still apply for and receive SSDI simultaneously. There are caveats to doing this, but it may be in your best interests.

Certain benefit programs can conflict with each other (such as unemployment benefits and disability benefits). Still, if you now receive long-term disability, it commonly won’t affect your chances of receiving SSDI.

If you now receive long-term disability and file for SSDI, there might be some offsets, but it could overall be beneficial as you could have a higher net disability income if you file for both.

The Long-Term Disability (LTD) benefit is usually more significant than the SSDI benefit you may receive. However, in some cases, to qualify for LTD benefits, you will probably be required to file for Social Security Disability benefits.

Indeed, most employer-provided LTD policies obligate you to file for SSD benefits as part of the LTD eligibility requirements. Let’s say you get your LTD benefits through your employer; their insurer can invoke the offset provisions by having you file for SSDI, thereby offsetting the LTD insurer’s liability.

The good news is that you usually will have a higher total net benefit income by filing for both. Also, your SSD benefits commonly get COLA increases, while most LTD benefits do not. The LTD benefits you receive will, most likely, remain unchanged until you reach full retirement age. So, by filing for both SSDI and LTD, you are providing yourself and your family with a solid disability “safety net.”

Admittedly, all cases differ, and this can be complex, and filing for both can be challenging and cumbersome, so the help and guidance of a skilled, experienced SSD lawyer is mandatory if you want to obtain the total number of benefits you rightfully deserve.

If I File for SSD and LTD Benefits, How Will “Offsets” Affect My Benefits?

Since the application and approval process is much faster for getting LTD, most LTD benefits are calculated retroactively and for the future. Many applicants can receive an LTD decision in one to three months, but their SSD application may take six months to a year or more to process, and they begin to see benefits.

However, when you get your SSD benefits, you may receive a lump sum award for retroactive benefits while already receiving your LTD payments for many months.

When this occurs, your LTD insurance company will commonly invoke the policy’s “offset provision.” This provision states that you must “reimburse” the LTD insurer for the SSD benefits paid during the same eligibility period for retroactive benefits.

Usually, when you receive LTD and SSDI benefits, a monthly offset will also be applied going forward.

For example, if you file for SSD and LTD benefits simultaneously, your LTD application may be quickly approved, and you begin receiving $5,000 in monthly LTD benefits.

Ten months have passed, and your SSD claim has been approved. You could receive an SSDI retroactive payment of $20,000 plus an ongoing monthly SSD benefit. You have received $50,000 in LTD benefits ($5k/month for ten months = $50,000).

According to your LTD policy terms, you must reimburse the retroactive payment of $20,000 to your LTD insurer because your benefits for retroactive SSDI and LTD eligibility overlap. Also, your LTD benefit will usually be adjusted monthly due to the SSD payments made; all in all, however, by having both benefits, you still will be receiving more each month,

Are There Major Differences Between LTD and SSDI Insurance Benefits,

All disability All types of disability insurance are designed to lessen your financial hardship if you cannot work due to a disability.

SSDI coverage provides essential financial protection to workers, but you must have contributed to Social Security for a significant time.

Usually, all private disability insurance offers more extensive and liberal coverage and possibly more significant benefits.

To qualify for SSDI benefits, you must meet Social Security’s strict definition of having a disability.

For example, to get SSDI, you must show that:

• You can no longer work in your current job.
• You cannot work or adjust to another job.
• Your disability prevents you from returning to work for at least a full year.

The most valuable benefit of private disability plans is that they have less restrictive definitions of disability. While SSDI requires total disability, many LTD insurers will pay benefits without requiring individuals to prove they can do no work.

However, LTD plans can be very costly, and definitions of coverage vary, but most have the following three in common:

• They have “Own occupation” coverage – This insures you against disabilities that prevent you from performing the duties of your job.
• They will cover “Own occupation” with time limits – So they will help you when you cannot perform your occupational duties for a limited amount of time.
• They include “Any occupation” coverage – When your disability prevents you from performing any job.

Also, each situation differs, and LTD and SSD plans can be confusing and challenging. It’s always in your best interests to get the professional advice, knowledge, and guidance of a skilled Social Security Disability lawyer to know you’re doing what’s best for you and your family’s future.

Can I Qualify for SSDI If I Have Multiple Disability Conditions?

This is sometimes an overlooked situation, and if you are a disabled person suffering from multiple conditions, the total effect on you may be enough to qualify for SSDI benefits.

However, although you can apply for SSDI benefits if you have multiple disabling conditions, this process can be highly challenging. Many questions arise, and how you present your case to the SSA will often make all the difference in whether you are approved.

When you apply for SSDI benefits, you should list all of your physical and mental impairments that prevent you from doing your job.

Even if you think it is relatively minor, every impairment must be on your application. The analyst who reviews your SSDI application will combine their effects and evaluate your entire level of disability. They then will consider how your conditions work together to affect your ability to do your current job.

So, if you do have multiple conditions, you can be covered, but it is highly recommended that you work with an experienced disability lawyer who will ensure you submit a thorough, detailed, and correct application; applying with multiple conditions is complex, and if not done precisely, you most likely will be denied.

I Must Apply for LTD and SSDI Benefits; How Should I Proceed?

For LTD and SSDI insurance, you must prove that you suffer from a severe enough disability that you can no longer perform your current job or, in some cases, any substantial work.

Gathering all the documentation needed to demonstrate the severity of your disability is a time-consuming and challenging process. Yes, you can submit your application independently, but the likelihood of success will significantly increase when you work with an experienced, empathetic, and knowledgeable Social Security Disability lawyer.

The skilled and experienced Social Security Disability lawyers at Roeschke Law LLC are proficient and thorough in analyzing your case, gathering all pertinent data, and filling out all parts of these detailed applications correctly the first time.

Call them today at (800) 975-1866, and be assured that they are committed to getting you and your family all the benefits you now need and rightfully deserve.

Must My Arizona Business Website Have To Comply With the ADA Requirements?

The Americans with Disabilities Act (ADA) is broad in scope. Although the new world of digital media can be confusing, most states, including Arizona, are instituting laws that help make websites (and other digital media) more ADA-friendly and compliant.

Thousands of businesses face lawsuits that cite violations under the ADA and other nondiscrimination laws. To avoid these ever-increasing issues, your website needs to be ADA-compliant.

So, as an Arizona business owner, you must ensure that your digital media follows the state’s guidelines and is in line with all ADA requirements. This state commitment covers websites and all digital media so that their websites and all digital media are fully accessible to people with disabilities. These mandates help to ensure inclusivity for all users with disabilities. Arizona strictly enforces website ADA compliance through strict regulations and will apply fines and other consequences for any non-compliance.

The ADA law in Arizona is linked directly to the Americans with Disabilities Act, which is the federal law that prohibits discrimination against individuals with disabilities. This law ensures that all citizens with disabilities are treated fairly and provides reasonable accommodations so that disabled citizens can work with digital media and more.

You should be aware that the most critical reason your websites must be accessible is the growing number of people with disabilities. The World Health Organization and CDC have compiled statistics that show that nearly 26% of America’s population has a disability.

By having an accessible website, you are following state laws and reaching a much broader audience and a vast, mostly overlooked, new market.

The most valid reason is that making your website more accessible for disabled people is the right thing to do. However, digital media is an ever-evolving platform, and to ensure your business is compliant or register a complaint as a disabled person, you should enlist the professional help of a knowledgeable disability law firm.

What Is WCAG and How Does It Affect the Standards For ADA Website Compliance?

As a business owner or a disabled American, it can be challenging to know exactly how the Americans with Disabilities Act (ADA) applies to websites amidst all the legal changes and jargon. Still, the simple answer is that your website must be compliant.

The ADA itself does not have technical standards for web accessibility, and it is recommended that you refer to the Web Content Accessibility Guidelines (WCAG) to evaluate your website and all your digital content. Although WCAG guidelines may not be in Arizona law, past legal rulings and disability claims against businesses have set WCAG 2.0 Level AA as the benchmark for full web accessibility for people with disabilities.

The standards outlined by the WCAG are the benchmark for web and digital accessibility. Recently, the most up-to-date guidelines were published and include 61 criteria for web access that will ensure compliance. These features make your website more accessible, including a screen reader, assistive technology compatibility, clear contrast, the ability to enlarge print, and much more.

If you are a business looking to comply with the WCAG standards, there are four essential accessibility items to always be mindful of they are;

• Perceivability – All your website content must be detectable to disabled users. This includes users with hearing, visual, or additional sensory impairments.
• Operability – Your website should be comfortable to navigate for people with disabilities, and its interface should be user-friendly.
• Understandability – Disabled users must understand web content and navigate the various pages easily.
• It Should Be Robust – Content for all, including people with disabilities, must be available if your website changes.

Admittedly, this can be challenging to understand, and professional legal and technical help should always be used if you are attempting to ensure ADA compliance and stay out of expensive lawsuits.

How Do I Know My Business Must Comply With the ADA or WCAG Guidelines?

Admittedly, this area is still a bit vague, but based on how the Arizona courts have interpreted the ADA and WCAG standards, ADA web compliance must be followed for businesses with digital media in two significant categories these are;

• All websites for state or local governments or funded by them – The ADA requires organizations and businesses in these categories to ensure their web content is accessible to those with disabilities.
• Websites for businesses – Any businesses open to the public must provide complete and equal access to all their web content and digital media to all users, including users with disabilities.

This is a tricky legal area, but over the past 15-20 years, numerous lawsuits and substantial settlements have been filed due to website accessibility barriers for people with disabilities. From 2021 to 2022, there was over a 12% increase in website accessibility lawsuits.

Also, remember that this increase does not include demand letters sent by disabled persons related to web accessibility; that number was over 1,500 per week. These letters typically listed web accessibility problems that disabled Americans found on business sites, and if the proper legal circumstances exist, they may all seek monetary compensation.

What is Arizona’s Current Stance on Website Accessibility?

Arizona’s Website Accessibility Policy and current legislation are trying to establish a statewide policy that provides full accessibility to disabled persons by developing and implementing these features in its Arizona State government websites. Laws and guidelines are being instituted to minimize the technical barriers to accessibility for individuals with disabilities.

For example, all websites covered by Arizona’s accessibility standards must;

• Use highly contrasting colors.
• They must-have text for all images.
• Thorough and properly tagged lists and tables.
• Have transcripts or captions for all audio and video content.
• And the websites must provide text-only and downloadable PDF versions of other web content, etc.

This is a lot to keep up with, but every day, more and more lawsuits and valid complaints are being filed by disabled Arizona citizens who cannot use outdated or non-compliant websites. If your business has been exposed to these possibly significant lawsuits, the help of a qualified Arizona disability lawyer is mandatory

I’m An Arizona Business Owner and Must Comply With Arizona’s Website Compliance Guidelines; What Should I Do?

First, understand that the ever-evolving world of digital media is moving forward rapidly, and trying to keep up with constant new legislation requires professional legal and professional help, especially with the current increase in noncompliance lawsuits.

You probably have technical support, but you also need the professional advice of a skilled and experienced Social Security Disability lawyer to stay ahead of issues and expensive lawsuits.

The Social Security Disability Lawyers at Roeschke Law know the ins and outs of disability law and can help you avoid possible fines by the state or, worse, the impact of significant lawsuits. Call them today at (800) 975-1866, as they have the resources and lengthy experience to keep your business’s online platform legal and compliant.