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A Guide To Secure Social Security Benefits Against Disability from palad's blog

Disability-related information is sensitive data; there are contexts where it's inappropriate and even illegal to solicit it.

In particular, if you are providing employment-related activities--- like job placement and training --- there are limits on direct and leading questions about disability. This is because disability information has been known to possess disqualified otherwise eligible candidates in the past. To protect against prejudice, the Americans with Disabilities Act Amendment Act (ADAAA) Title I explicitly prohibits disability-related questions unless an applicant has been given a conditional job offer.

But, imagine if you're not only engaged in employment-related activities? What if you're an employment placement agency that is also in the service sector, helping persons with disabilities succeed with employment?

In the service context, disability-related information is a must; it can help you design targeted programs that could benefit your community and ultimately the customer. Disability-related information can also allow you to figure out what reasonable accommodations may be necessary to facilitate job placement.

The great thing is, Title II of the ADAAA provides greater latitude in asking disability-related questions when conducting service-related activities. Therefore, to discern what you're legally permitted to ask, identify first whether you're conducting an employment-related activity or perhaps a service-related activity, and be guided accordingly. This advice is very important particularly when you're something provider wearing "two hats" - service and placement.

First, it's legal across all contexts to inquire about disability status included in gathering demographic information. Customers have no obligation to answer and you should emphasize this fact. You should also ensure it is recognized to your web visitors that if they do decide to disclose, all responses is going to be kept confidential even after the helping relationship has been terminated. Most importantly, it should be known that refusal to disclose disability won't disqualify a person from the services you provide.

When asking disability-related questions, ensure that the client understands the reasoning behind the inquiry. Remember, curiosity is never reasonable to enquire about a disability. The clear answer must certanly be strongly related the success of the work application, the type of the work involved and/or the safety of working conditions.

A good example of a great reason is needing information to ascertain if reasonable accommodations are necessary to use for or keep a job. For example, if an applicant with an aesthetic impairment applies for a job where visual vigilance is a vital function of the job, you might ask your customer if she or he would require an acceptable accommodation to execute the task. If the applicant answers in the negative, you must respect the response. If your customer answers "yes," you may inquire what type of accommodation he or she needs.

If you're not allowed to ask disability-related questions, how could you assess if your customer is effective at the job involved?

A legal way would be to just ask an applicant about their experience or ability to do specific job functions of the job. As an example, if the job involves typing, ask your customer if s/he can type. What's prohibited would be to ask if s/he has an impairment that'll prevent him/her from typing. Such a question is a number one question and considered illegal.

Asking about non-disability-related impairments can also be allowed. Disability by definition is a condition that substantially limits a major life activity. In this sense, not absolutely all impairments are disabilities. For instance, you could ask an individual with a fractured arm how she broke her arm. Since fractures tend to be temporary and don't substantially limit an important life activity, it is not considered a disability.

If your customer voluntarily discloses about a disability or the disability is obvious, you may even ask how s/he will perform the essential functions of the job. For example, if a customer has revealed that he/ she's auditory impairment, you're allowed to ask how they will have a way to answer machine signals which are sound-based.VA disability benefits

Lastly, asking about current illegal drug use is permissible by law. Illegal drug use isn't protected by ADAAA. Legal drug use, however, is protected since it might relate genuinely to a disability. It is also illegal to enquire about a history of substance dependence since this really is considered an impairment underneath the ADAAA.

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