Law Office Of Michael G. O’Neill, The Types of Cases We Handle
What Affect Will Applying For Social Security Disability Have On Your Employment Discrimination Case?
People with a serious disability are usually in a particularly precarious situation after being wrongfully terminated.   The simple reality is that they face more than the usual challenges in finding a new job.   If they happen to be of a certain age, and the economy is in the toilet, finding a new job can be next to impossible.   But the bills still have to be paid and the landlord wants her rent.      

Under these circumstances, it is only logical to apply for social security disability.   Will this have any effect on your case?          

If you've been reading some of the other pages on this web site, by now you understand that if the company can show that you would not still be working at the company (even if they had not fired you wrongly), then it will reduce the damages that it will have to pay you.   When you apply for social security disability, you have to sign a statement, under penalty of perjury, that you are unable to work because of your disability.   Naturally, the company will look at this and say "Ah ha! You admit you can't work. Since you can't work at all, even if we hadn't fired you, you would have to have stopped working."   Furthermore, when you apply for social security disability, they usually have you put the last day you worked as the date your total disability began.   So the company argues that you didn't lose a single day's pay as a result of getting fired.    

The Supreme Court has largely accepted this argument by employers, creating a giant booby trap for the unwitting, who are guilty of nothing except doing what they have every right on earth to do.   Fortunately, not all is lost.   There are ways to minimize if not entirely eliminate this problem.   If at all possible, talk to your lawyer before filing your social security disability application.   If that is not possible, when you are looking for an attorney, make sure that he or she knows that you have filed for social security disability.   Ask how it will affect your case.   An experienced lawyer will be able to explain to you how any negative affect can be minimized.   If the prospective lawyer tells you that it has permanently damaged your case, or cannot explain how she will deal with this issue, move on and find another lawyer.      

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