The right to privacy refers to the concept that personal information should be protected from public scrutiny. While not explicitly stated in the Constitution, the Fourth Amendment alludes to individual privacy rights in granting the people's right "to be secure in their persons, houses, papers, and effects." In addition, the Ninth Amendment states that the enumeration of certain rights "shall not be construed to deny or disparage others retained by the people."
Obtaining disability benefits is only half the battle for many clients.
The Social Security Administration has different rules for getting Social Security benefits depending on what benefit you have applied for and what kind of immigration status you have. There are two main programs people usually apply for: Disability Insured Benefits and Supplemental Security Income. If you are a legal permanent resident (also known as a green card holder or noncitizen) and apply for Disability Insured Benefits (Title 2 or DIB) because you have paid FICA taxes, as long as Social Security finds you disabled there is no problem. However, if you are a legal permanent resident and you file for Supplemental Security Income (Title 16 or SSI) the rules get trickier. If you were lawfully residing in the United States before August 22, 1996 or you were on SSI and lawfully residing in the United States before that date you can receive SSI.
The Earned Income Tax Credit (EITC) is an income tax credit for low income workers. The credit reduces the amount a low income worker owes in taxes and is intended to offset some of the other taxes, like social security and payroll taxes. The original intent of the EITC was to aid families with children who had an income below the federal poverty line.
If you have had to appeal your disability application to the hearing level, you should receive a notice of when and where your hearing will take place about two months beforehand.
Many claimants think they can only obtain disability benefits if they are permanently disabled.
One issue that often confuses clients is that the program known as "disability" is really made up two different programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
It can be difficult to get your disability application approved if you're claiming you can no longer work due to fibromyalgia, a condition with no known cause, that can be extremely difficult to treat.
Anyone who has paid enough taxes under the Federal Insurance Contributions Act (FICA) has a right to file a claim for Social Security Disability benefits under Title II of the Social Security Act. Even without coverage under Title II, an individual who is disabled may also file a claim for Supplemental Security Income benefits under Title XVI, provided they meet the poverty guidelines. Yet, the right to benefits comes with responsibilities. The duty of filing the initial application, for example, is on the claimant. Many claimants do not file their claim on time, potentially costing them a loss of back pay.
I recently met a correctional physician, who had a tattoo of the Eighth Amendment on his arm. Why? Because the incarcerated are the only population guaranteed access to healthcare under the Constitution. The tattoo serves as a daily reminder of the difficulties facing the people he serves. The doctor described typical physical and mental impairments seen at the correctional facility, and the situational hardships surmounting his patients. He also observed that some inmates became incarcerated for the sole purpose of receiving medical attention.