Legal Rights of Persons With Disabilities - Ossh.com

eceiving notice of the denial of disability or SSI benefits. If you remain dissatisfied after the appeal
process is exhausted, you may file a lawsuit in federal court. (20 C.F.R. ' 404.900 et seq.)
7. Review and Termination of Disability Benefits
Eligibility for disability and SSI benefits is reviewed periodically. A recipient's disability or SSI
benefits cannot be terminated unless there is a finding that the physical or mental impairment upon which
the benefits were based has ceased, does not exist, or is not disabling. A decision to terminate benefits
must be supported by substantial medical evidence. You may appeal a decision to terminate benefits, and
will continue to receive disability benefits during the appeal process. (20 C.F.R.
' 416.988 et seq.)
B. State Disability Insurance
California has a disability insurance program, which can be administered either by the state or by
an employer, to protect against loss of wages by disabled workers. Nearly all workers are covered by this
program. Benefits vary among individuals and depend on the amount of previous earnings. Benefits can
be received for up to a year.
1. Eligibility for State Disability Insurance
To be eligible for state disability insurance, an individual must be unable to perform "regular or
customary work" because of either an illness or injury. The illness or injury does not have to be workrelated.
A worker must have received $300 in wages in the year prior to the onset of the disability.
(Unemp. Ins. Code, ' 2652.)
2. Application Procedures
To apply for state disability insurance, you should file a claim with your local Employment
Development Department. Forms should be filed promptly, and cannot be filed later than the 41st day after
the disability begins. You may appeal a denial of disability insurance benefits within 20 days. (Unemp.
Ins. Code, '' 2706.1, 2707.4.)
C. Worker's Compensation
The workers' compensation program requires an employer to pay his or her employees for all
injuries which occur in the course of employment. Injury includes an accident, disease, or emotional
disorder arising out of the employment, including injuries to artificial limbs, hearing aids, and metal braces.
However, damage to hearing aids or eyeglasses which causes no disability is not compensated.
To receive workers' compensation benefits, you must generally notify your employer of your injury
within 30 days. (Lab. Code, ' 5400.) A claim for compensation must be filed within one year from the
date of injury. (Lab. Code, ' 5405.)
D. Special Needs Allowance for Persons With Guide Dogs
People who own guide dogs and who receive SSI are entitled to a monthly special needs allowance
of $50 to help with the purchase of dog food. (Welf. & Inst. Code, '' 12553, 12554.) Applications are
available by mail through your county Department of Social Services.
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