Disability

Is it discrimination if a senior living center fails to make reasonable accommodations for the hearing impaired?

Many senior citizens suffer from impaired hearing or deafness. Yet a major provider of assisted living allegedly refused to provide sign American Sign Language interpreters at some of its facilities, despite requests for them.

Settlement Includes a Number of Nursing Home Operators and Facilities

Now the assisted living operator, Atria Senior Living, has agreed to settle a disability discrimination lawsuit brought against it by the Fair Housing Justice Center in New York. The complaint involved Atria’s Riverdale residence in the Bronx and its Long Island residence, Atria South Setauket.

Most New York City pedestrians barely notice the condition of "curb cuts" -- the small ramps on every street corner that bring the sidewalk down to the level of the street. But poorly maintained curb cuts are a serious obstacle for New Yorkers with disabilities, who depend on them to travel around the city. Now a group representing disabled New Yorkers is suing under the Americans with Disabilities Act (ADA) to force the city to do a better job.

Well-Maintained Curb Cuts Are Legally Required

Federal law requires cities to install and maintain curb cuts to enable the disabled to navigate streets safely.

While Uber has transformed transportation in New York City, there is one area in which the innovative company has often lagged behind the yellow cab industry—providing wheelchair accessible transportation for New Yorkers with disabilities.

Now a Brooklyn woman has taken the ride-sharing company to court. In a new lawsuit, the disabled New Yorker says that Uber's app purporting to link customers to wheelchair-accessible yellow or green cabs does not work. In court papers, she calls it "a paltry smokescreen.

Why is there a 5-month waiting period to receive SSDI?

While individuals with disabilities are eligible for Social Security disability benefits, there are a number of waiting periods associated with the claims process. First, there is a waiting period  from the application date until receipt of the first disability check. In light of the fact that most initial claims are denied and subjected to a series of reviews, this waiting period is often quite long.

Once an application has been approved, however, there is another five-month waiting period, and the SSA does not pay benefits during this time. Now, Congressional lawmakers are considering legislation that would waive this waiting period for people with amyotrophic lateral sclerosis (ALS).

Qualifying for disability payments because of a head trauma has always presented challenges. Brain injuries are often invisible and it can be difficult to obtain objective proof of a disability. Insurers seem especially reluctant to acknowledge the seriousness of medical complaints when the brain is involved.

Insurer Accused of Deliberately Creating Burdensome Requirements to Avoid Paying Claims

A recent lawsuit over disability benefits by Haruki Nakamura, a former professional football player, vividly illustrates the problem.

Obtaining disability payments is difficult even in the best of circumstances. Applicants must meet countless medical requirements, obtain letters and test results from doctors, and file reams of paperwork. But the task is especially difficult when an insurer may be committing fraud.

Plaintiff Seeks Damages for Breach of Contract and Bad Faith

That is the allegation at the heart of recent disability lawsuit against Unum Group, The Paul Revere Life Insurance Company, and New York Life Insurance Company.

What disability benefits are being provided for NYPD officers?

Patrolmen's Benevolent Association President Patrick Lynch has been engaged in a running dispute with New York City Mayor Bill de Blasio over disability benefits for City police officers. Currently, cops hired after July 2009 do not receive the same benefits as veterans. In fact, newer officers only receive 50 percent of their final pay for career ending injuries, while veteran officers receive 75 percent.

Now the city police union is enlisting the aid of Gov. Andrew Cuomo in a push to get the same disability benefits for newer cops.

How much of a problem is disability fraud?

Recently, a retired NYPD officer was convicted in connection with a massive $400 disability fraud scheme. The officer was among more than 100 people who were indicted by the New York District Attorney in 2014. The retired cop filed a false SSDI application, claiming to be suffering from a mental illness. From 2005 to 2013, he collected $2,000 a month that topped out at $200,000 in ill gotten benefits.

The key players in the scheme included a retired NYPD officer, a disability consultant to the police union, an attorney and a pension consultant.

Why are the wait times so long for obtaining disability benefits?

Nothing is for certain, or so it's been said, and anyone can become disabled at any time and not be able to work. Fortunately, the Social Security Administration provides disability benefits to those who have a medical condition that is expected to last at least a year or result in death. That's the good news.

The bad news is that the system is plagued by a backlog of cases that cause significant delays for those who have applied for disability benefits. There have been cases where some individuals have died before their cases were even heard; and others who are suffering with debilitating physical and mental disabilities are often forced to wait in agony.

At Seelig Law Offices, we fight tirelessly to ensure equal access and opportunities for all New Yorkers, regardless of physical limitation. Along the same lines, New York City’s Mayor De Blasio recently enacted several mandates ensuring the same equalities for residents across all five boroughs -- specifically with regard to access to services and events within New York City.

Interestingly, the first set of laws pertains to equal access to websites run by the city and state governments. The directives essentially mimic federal standards, and require municipalities to contract with web development experts to ensure everyone can access the important information found on government web pages. According to the Web Content Accessibility Guidelines followed by the federal government, city and municipal sites must be accessible to those with visual and hearing impairment, as well as those with limited cognitive ability.
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Being injured on the job may not guarantee a full disability pension without a fight.

Newspapers often seize upon scandalous stories of policemen or firefighters who, while receiving a full disability pension, perform feats of physical strength, such as running a marathon. Less often do they focus on the struggles of those who, while injured on the job, must fight for years to get a disability pension approved.

An exception is a recent account of how retired NYPD Detective Sara Salerno of the Bronx has waged an eight-year battle against the Police Pension Fund and the City of New York, which have opposed her request at every turn.

Salerno had a 12-year career with the NYPD, making more than100 arrests while working in patrol, anti-crime and internal affairs. She tore her meniscus during training for a bicycle patrol at the 40th precinct in the Bronx.

In addition, according to court filings, she served at Ground Zero, responding to the attacks and working there for many days.Technically she was on restricted duty, so her name was not recorded in the roll call. The city's Law Department contests her claim that she was there and says she cannot show that her disabling respiratory ailments and immune system problems are connected to working at the WTC site. Her supervisors and fellow officers, however, have confirmed in writing that she was there.

The case is on appeal. Meanwhile Salerno receives a regular disability pension, which is 50 percent of her salary and is taxable. A full disability pension would mean 75 percent of her last salary, tax-free.

The case is a reminder that recovering one's rightful pension can be an obstacle course. Even with a strong claim, retirees with job-related injuries need a vigorous legal advocate in their corner to receive appropriate disability payments.