lawyer who specalty is state employees disability in ohio

by Ms. Delfina Windler 3 min read

How do I become a disability lawyer?

Need help navigating public employee retirement systems in Ohio? The seasoned attorneys at Jones Law Group can explain the laws impacting your situation. Our firm is proud to represent public employees who are seeking disability benefits. Call (614) 545-9998 or contact us online to discuss the specifics of your case.

Should I hire a disability lawyer?

Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire. Use the contact form on the profiles to connect with an Ohio attorney for legal ...

Do I really need a disability lawyer?

However, disability applicants in Ohio are strongly advised to retain a disability attorney or non-attorney rep to represent them before the disability judge, because studies have repeatedly shown that having legal representation may significantly enhance the opportunity to Receive an Approval for Social Security Disability in Ohio. A disability lawyer or non-attorney claimant …

How do you file for disability in Ohio?

Tracy is the owner of Albers Law Office, LLC and works out of Toledo, Ohio. Tracy focuses her practice in the areas of Chapter 7 and Chapter 13 bankruptcy and Social Security Disability. Tracy is a native of Minster, Ohio and graduated from Minster High School in 1993.

Our Ohio discrimination attorneys can fight for your rights

Do you have a disability? Has your employer treated you differently or even fired you because of your disability? Has your employer denied your request for a reasonable accommodation or unpaid leave for your disability? If so, contact Nilges Draher LLC right away to speak with an experienced disability discrimination lawyer. We can help.

What constitutes disability discrimination?

The disability discrimination laws define disability. The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity such as walking, talking, seeing, hearing or learning.

How we can help you

Disability discrimination laws are complex. They dictate where you can file your claim, when you have to file your claim, and the relief you can ask for, among other things. Employers are conscious of what they can and cannot "get away with," and they will try to create a non-disability-related justification for whatever adverse action they took.

Need help with Social Security Disability?

You've come to the right place. If you or someone you know is unable to work because of a long-term disability, and who may be eligible to receive social security disability benefits (SSDI) from the government, a social security disability lawyer can help.

Need an attorney in Ohio?

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What is disability discrimination?

The Americans with Disabilities Act prohibits private employers, state and local governments, employment agencies and labor unions from discriminating and retaliating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.

What is the ADA?

The ADA prohibits discrimination based on an individual’s disability. To succeed on a claim for disability discrimination, an employee must prove that (1) he is an individual with a disability, (2) he is otherwise qualified for his job with or without a reasonable accommodation; and (3) he suffered an adverse employment action because ...

What is an adverse action?

An adverse employment action is a significant change in employment status. This requirement is met if an employee is terminated, and it can also be met through a failure to hire or promote, demotion, decrease in pay, or loss of benefits.

What is the first category of an employee?

In the first category, the employee alleges he is able to perform all the essential functions of his job, and he does not need any accommodations to do so. In the second category, the employee alleges he can perform the essential functions of his job if he is given a reasonable accommodation.

What is considered essential in a job?

A job function is considered essential if (1) the position was created to perform the function; (2) the employer has a limited number of employees available to perform the function; and/or (3) the function is highly specialized, and the employee is hired because of his or her expertise and ability to perform the function.

What are the major life activities?

Major life activities include caring for oneself, performing manual tasks like reaching, bending, and lifting, sitting, standing, walking, seeing, hearing, breathing, reading, learning, concentrating, communicating, and working, among others. If an employee’s ability to perform any of the above activities is substantially limited ...

Can an employer discriminate against an employee?

An employer is still not permitted to discriminate against an employee because it regarded the employee as disabled, perceived the employee to be disabled, or was aware of an employee’s record of being disabled (even if not currently disabled).

Who manages disability claims in Ohio?

United Behavioral Healthcare, the state's behavioral health care provider, manages disability claims for state of Ohio employees who are enrolled in a state health plan. To be eligible for disability leave benefits for a behavioral health condition, the following must apply:

How to request a disability assessment in Ohio?

To request a disability assessment, an employee may contact their agency, the Ohio Employee Assistance Program (OEAP), Department of Administrative Services - Disability Services unit or UBH directly at 1-800-852-1091. Agencies are required to complete the State of Ohio Agency Disability Questionnaire.

How long do you have to be disabled to receive disability benefits?

Eligibility. To be eligible for disability benefits, all of the following must apply: You must be disabled and unable to perform the duties of your position for more than 14* consecutive calendar days; *Contract exceptions for length of waiting period (Attorney General, FOP 46 and FOP 48) refer to your contract.

How to apply for disability benefits?

To be eligible for disability benefits, all of the following must apply: 1 You must be disabled and unable to perform the duties of your position for more than 14* consecutive calendar days;#N#*Contract exceptions for length of waiting period (Attorney General, FOP 46 and FOP 48) refer to your contract. 2 You must be a full-time permanent employee or a part-time permanent employee who has worked 1500 hours or more in the 12 months immediately prior to the disability; and 3 You must have completed one year of continuous state service immediately prior to the date of the disabling injury, illness or condition.

How long does disability last?

Disability benefits can last for a one* year life time maximum . *Contract exceptions for length of lifetime maximum ( Attorney General Office, FOP 45, FOP 46, FOP 48; State Treasurer 55) should refer to your contract. You will receive your disability benefits in standard bi-weekly paychecks.

How long is a related disability claim?

A related disability that occurs beyond six months of the employee's return to active work status is considered a new claim with a new waiting period. A related disability that occurs while an employee is participating in an authorized transitional work program is considered the same claim.

What happens if you are denied a disability claim?

You will be notified by certified mail of the date, time and location of your hearing. Failure to appear at the hearing may uphold the denial of your benefits.