DISCLAIMER:
THE INFORMATION IN THIS WEBSITE IS GENERAL IN NATURE, AND SHOULD NOT BE READ OR UNDERSTOOD AS LEGAL ADVICE. IT SHOULD NOT BE SOLELY RELIED UPON IN MAKING A DECISION THAT MAY AFFECT ANY LEGAL MATTER. ONLY A CONSULTATION WITH AN ATTORNEY REVIEWING THE FACTS AND CIRCUMSTANCES IN YOUR PARTICULAR CASE CAN GIVE YOU THE ADVICE YOU NEED. THERE MAY BE OTHER PROGRAMS AVAILABLE TO YOU AT THE FEDERAL, STATE AND LOCAL LEVEL NOT MENTIONED HERE. SEEK ADVICE FROM AN ATTORNEY PRIVATELY OR THROUGH A LEGAL SERVICES AGENCY, OR FROM A SOCIAL WORKER, FOR ADDITIONAL INFORMATION.
Public employment sources
Most government employers have a disability benefit program. From the Federal level down to the local level, veterans, railroad workers, law enforcement, teachers and other government workers maintain a special status under the law with their own disability programs which usually provide income assistance, job protection and medical care
Private employment sources
Many employers provide health and/or disability benefits to their employees. These programs are regulated by “ERISA”, a federal law that governs the administration of these programs. Disability benefit programs must be provided according to its provisions.
COBRA benefits — Employers who offer employees health insurance must offer it to former employees on a non-discriminatory basis for a period of time after an employee leaves the job. The employer may require the employee to pay for some or all of the premiums, but at least this program provides access to Health coverage. For more information, click here
Private insurance sources — Many people carry their own disability insurance. The definition of “disabled” and what must be done to prevail in a claim varies from policy to policy
What is Workers’ Comp?
Get an overview of this special type of insurance protecting employees.
Special programs for California residents
State Disability Insurance — In California, a small percentage of every employee’s paycheck is deducted and paid into a special disability insurance fund, “SDI.” This pays you disability benefits if, due to ANY medical reason, you cannot perform your regular work AND you are not actually receiving comparable benefits from another source. To contact your nearest SDI office, click here
Nevada has no comparable disability insurance plan, but more employers will offer private disability insurance to their employers than you generally find in California.
CalWORKS — If you are disabled and have very limited income, you may qualify for benefit payments and employment assistance. Participation in an employment services program may be required. For more information, click here
Private insurance sources — Many people carry their own disability insurance. The definition of “disabled” and what must be done to prevail in a claim varies from policy to policy
Special programs for all Americans
SNAP/CalFresh — If you have a low income, whether as a result of disability or injury, you may qualify for SNAP/CalFresh
Temporary Assistance for Needy Families (TANF) — This program replaced the Aid to Families and Dependent Children (AFDC) program, and provides benefits to low income families. People injured or disabled may therefore qualify as well. Medical, cash and job training and placement programs are offered under TANF. For more information, click here
Unemployment — This program provides monetary assistance on a weekly basis whenever you are involuntarily unemployed. You must look for work to continue receiving benefits. Benefits may not be payable if you have been discharged for “good cause” but you are entitled to apply for benefits, and if the employer objects, to go before a hearing officer with witnesses to determine whether benefits are payable to you under any theory. In Nevada, even if there is good cause, the state may assess a previous employer’s fund in order to pay you benefits
“SURPRISE!” Benefits — You might be eligible for benefits through a program you may not know you have. Sometimes, credit card companies or finance companies provide some level of benefits under certain conditions, or you may have signed up for a program via a mailed offering that you may have forgotten about. Check your records to determine if you may have some level of coverage under these circumstances
Private charitable benefits — Some religious and charitable organizations provide living assistance. If you need help, do not hesitate to seek help
Local legal assistance — There are free or sliding scale legal services agencies in many areas who provide support to those people whose application for benefits was wrongfully denied. Such assistance is not generally not available for Social Security Disability appeals
EARLY INTERVENTION WORKS!
About Kim LaValley
See the background that made Kim especially equipped for a career in law.
