If you have an illness, condition, or injury that prevents you from working at the same capacity as you used to, or at all, you may be entitled to file for disability benefits.
Knowing your employee disability rights in California means understanding that everything from mobility and sensory impairments to medical issues like diabetes and mental health conditions like PTSD, anxiety, and depression are considered disabling conditions.
Even if you do know that you’re entitled to file for benefits, there are many challenges you can face. What are the challenges of filing a disability claim?
You could face discrimination, have a disability that is not visible (making it more difficult to prove), and not possess all of the information you need to meet all eligibility requirements. Your employer could also refuse to accept your disability, which would mean not receiving the appropriate workplace accommodations.
If you are planning on filing for benefits, knowing the challenges in disability claims is essential. Disability accommodation lawyers offer insight into what you need to know.
Why Are Disability Claims So Difficult to Prove?
There are many challenges in disability claims that could impact whether you receive the benefits you’re entitled to.
One of the most common problems is documentation gaps. If you don’t have significant evidence to demonstrate when the condition began, how it’s progressed, and how it impacts your ability to work, then the claim can be denied more easily. Vague doctors’ notes or inconclusive diagnostic tests are usually a problem.
Many disabilities are invisible. Someone struggling with chronic pain or PTSD will not have imaging studies or lab results that clearly state they are suffering. Subjective conditions are typically much more difficult to prove.
It’s not enough to show that you were diagnosed with a medical condition. Disability claims challenges in Los Angeles often revolve around not being able to prove that the condition or illness prevents you from working. You may be seen as still being able to perform certain kinds of work, which would bar you from receiving disability benefits.
How Medical Evidence Can Make or Break a Disability Claim
Getting appropriate medical evidence can be one of the challenges with disability claims. If you have a physical or mental disability, you must gather a significant amount of proof. This is the evidentiary foundation on which the claim is built.
Objective proof is needed, which may be available if the condition registers in tests. Having MRIs, X-rays, blood work, and other similar assessments done offers some of the strongest evidence you can rely on. Alongside these results, your doctor must clearly detail what you can and can’t do. How long can you sit or stand? Are there accommodations that need to be made?
Consistent treatment history is essential, as well. There should be no gaps in the treatment you receive for your physical or mental impairment. The notes have to be up to date. It’s best to have information from your doctor that is no older than 90 days prior to your filing.
Why are disability claims denied? Often, the answer is not having sufficient evidence that proves you have a disability or medical condition that prevents you from performing your job duties. For conditions that are subjective, like mental health concerns, it can be very difficult to obtain clear evidence.
Gaps in care can also prevent your claim from succeeding. If you stopped getting treatment or failed to follow all medical instructions, those are problems, too. Additionally, if there are disputes between a few medical providers, which can lead to conflicting medical records, the claim is more likely to be denied.
What Happens When an Employer Disputes the Severity of a Disability?
If you have a disability, whether it is work-related or not, the California Fair Employment and Housing Act (FEHA) offers protection. Your employer cannot simply dismiss your doctor’s assessment, but they can dispute the severity of the disability.
Under state law, employers are allowed to request certain medical evidence that proves you have a disabling condition. They are not entitled to your full medical records or history, however. Most of the time, they also cannot force you to be examined by a “company doctor.”
Can an employer deny a disability accommodation? Even if your employer disputes your disability status, they must participate in the process of discussing your limitations. If they try to force you back to work, don’t provide the accommodations or assistive equipment you need, or take any action against you, it’s considered to be disability discrimination in California.
California disability discrimination complaints often involve some form of retaliation from the employer, like cutting your hours or firing you because you filed a claim. They also cannot harass you in any way.
The state’s legal protections extend to cover a failure to accommodate. If your employer refuses to modify your schedule because they don’t believe you have a disability, then that would allow you to file a California Fair Employment and Housing Act disability discrimination claim.
How Can You Show That Disability Played a Role in an Employment Decision?
The Equal Employment Opportunity Commission (EEOC) protects you from being discriminated against on the basis of many protected characteristics, including disability. If you suffered unfair treatment from your employer, you can begin a claim for workplace disability discrimination in California.
To succeed in an EEOC disability discrimination complaint, you must demonstrate that your disability played a role in the discriminatory action your employer took.
You can rely on explicit statements. This is why it’s essential to keep all communications you have with an employer. Gather company policies, too, to demonstrate that there were policy breaches that denied you equal access to employment.
Note how your employer treats people in contrast with how they treat you or others with physical and mental disabilities. If disabled employees tend to get worse treatment, California law allows you to take legal action.
Keep careful records of suspicious timing. Were you demoted a week after asking for the employer to provide reasonable accommodations? That could point toward disability discrimination.
How Do Workplace Policies and Employer Procedures Affect Disability Claims?
Disability claims sometimes fail because employers miss the deadline. Slow HR paperwork or inaccurate information can cause significant difficulty in getting the assistance you need. If your employer funds their own disability plan, then you may be subject to the company’s decision of whether your claim is accepted or denied, as well.
The law clearly states that beginning a disability claim with your employer should be an interactive process, but that’s not always the case. If your employer is not involved, there could be misunderstandings when you request accommodations, and you may face pushback if you’re asking for modified work schedules. All of this can cause delays in filing the claim.
What Challenges Can Arise When Pursuing a Disability Claim in California?
Not having sufficient medical evidence is a challenge that you could face with these claims. One crucial piece of information that your doctor must offer is notes on your functional capacity. Remember, it’s not enough to have a diagnosis. The evidence must show how the condition affects essential functions that prevent you from performing your job as you used to.
You might not have enough federal work credits to apply for this type of claim. Federal law requires you to have met a certain number of work credits, which depends on your age when you suffered the disability.
Another of the most common issues you can experience is discrimination based on your disability. Disability discrimination claims in Los Angeles are highly complex and can delay the process of obtaining disability benefits.
What Mistakes Can Weaken a Disability Claim?
Waiting too long to begin a disability claim can be disastrous. Don’t ignore correspondence related to the claim. If you’re denied, you have a limited window in which to file an appeal.
Not understanding eligibility rules is another mistake that could weaken your claim. There are earning limits that could prevent you from successfully obtaining benefits.
Gaps in treatment can also be catastrophic for your claim. Keeping consistent records that outline the progression of the condition or injury is essential. If you don’t keep up with your medical appointments, it can also seem like your condition is manageable enough for you to work. Keep in mind that if you are denied and you file an appeal, you will be able to submit further medical evidence.
You should never ignore or downplay symptoms. If you do, your doctor’s notes may contradict what you state to your employer, leading to disputes.
When Should You Consult a Los Angeles Disability Rights Attorney?
If you have suffered from discrimination as a result of a disability, you need an attorney to guide you. One of the most significant California disability discrimination claim challenges includes proving intent, which can seem impossible. Your employer could easily claim they demoted or fired you because of a change in your quality of work, so how do you prove otherwise? You need legal assistance.
With disability discrimination legal help, you can obtain the support you need. To begin a disability discrimination case, you need to act quickly. At the California Civil Rights Law Group, we provide the comprehensive assistance you deserve. Contact our team for a free consultation on how to report disability discrimination in California.
