The New Hampshire Disability Rights Center is the organization responsible for enforcing New Hampshire Disability Laws. Listed below are some of the most fundamental provisions associated with New Hampshire Disability law:
NH Disability Law: The Client Assistance Program:
The client assistance program is a primary resource of NH disability Law. The program is a federally funded organization that offers information, advocacy and assistance to disabled New Hampshire residents who are looking for aid under the Federal Rehabilitation Act.
The Federal rehabilitation Act is comprised of the following programs: Independent Living Services, Vocational Rehabilitation and Projects with Industry.
In New Hampshire, the Client Assistance Program is administered by the C.A.R.E.S Inc., which is an independent agency that does institute fees for its services. The Client Assistance Program helps the disabled population of the state receive disability by informing them of available services, time constraints and by elucidating the federal regulations and NH disability laws. Moreover, the client assistance program of New Hampshire will attempt to resolve any disagreements that arise over eligibility or the distribution of disability payments. According to NH disability law, the Client Assistance Program is will arbitrate before matters are brought to trial.
Client Assistance Program Activities Include:
• According to NH disability law, the client assistance program will provide support and information to assist the disabled if he or she is representing themselves
• According to New Hampshire Disability law, the Client Assistance Program reviews case records and talks with supervisors, community rehab providers and all other professionals involved in your case
• According to New Hampshire Disability law, the Client Assistance Program will provide information concerning Title I of the Americans with Disabilities Act
• According to New Hampshire Disability law, the Client Assistance Program aids in the development of strategies to resolve disagreements through mediation or negotiation
Your Rights According to NH Disability Laws:
• According to New Hampshire Disability law, the Client Assistance Program states that you must be treated with respect and dignity
• According to New Hampshire Disability law, the Client Assistance Program requires the delivery of understandable information concerning the services available from each program
• According to New Hampshire Disability law, the Client Assistance Program declares that you must be involved in the selection of your prospective medical professional
• NH disability law states that you must be informed of the Client Assistance Program’s services
• NH disability law declares that you are free to exercise your rights to appeal or question any adverse decision made against you
• NH disability law states that you must be provided with the above services in a timely manner
NH Disability Law: Disability Determination Services
According to NH Disability, the New Hampshire Disability Determination Service is made-up of various state workers who render disability decisions for the Social Security Administration. These rulings directly service the citizens of the state and provide hundreds of million dollars in benefits to New Hampshire citizens.
How Is Eligibility Determined According to NH Disability Law?
Based on New Hampshire disability laws, the definition of disability is fairly strict; to receive benefits, you must be unable to do any kind of gainful work because of a mental or physical impairment, which is expected to either end in death or last at least one consecutive year.
If, because of a medical impairment, you cannot achieve the work you performed in the past, then your education, age and past work experience will be considered when determining whether you can work. If—after reviewing the evidence under the provisions of NH disability laws—it is revealed that you can partake in other work, you will not be considered disabled for Social Security purposes.
The process used to determine eligibility for disability payments is a step-by-step process that asks the following five questions:
1. Are you currently working? New Hampshire Disability law states that if you and your wages exceed $700 a month, you typically will not be eligible for disability payments under NH disability law.
2. Is your physical or mental impairment considered severe? Your conditions must interfere with generic work-related activities for your disability claim to be considered under New Hampshire disability laws?
3. Is your condition formally listed under NH disability laws? New Hampshire maintains a list of conditions for each of the primary body systems that are deemed so severe that they instantly qualify for disability benefits. If your condition is not found on the list, the state will decide if it is of equal severity. If—after review under New Hampshire disability laws—your condition is deemed as severe, your claim will be approved. If– after review under New Hampshire disability laws—it is not deemed as severe, the state will proceed with the next step.
4. Can you fulfill the same tasks that you used to be able to do? Can you do the work you previously did? If your condition is severe, but not found to be at the same or of equal severity as a condition on the state’s list, then the state will determine if it impedes with your ability to complete the work you did in the last 15 years. If it does not, your claim for New Hampshire disability benefits will be denied. If it does, your claim for NH disability benefits will be evaluated further.
5. Can you partake in other forms of work? If—after review in relation to NH disability law—you cannot do the work you did over the last 15 years, the state will look to see if you can do other forms of work. The state will consider your education, your past work experience, your age and any transferable skills then compare them to the job demands of other occupations as determined by the New Hampshire Department of Labor. If you cannot complete any other tasks, your claim for NH disability will be approved. If—after exhaustive review—the state believes you can participate in other work, your claim for New Hampshire disability will be denied.
Proving Your Disability in New Hampshire:
According to NH disability law, you are required to prove your disability to the state. To do this, you must undergo a special medical examination before the state can render a decision regarding your eligibility for payment.
The Disability Determination Services—according to NH disability law– is responsible for reviewing your disability claim. The state agency– according to NH disability law –renders a disability decision for Social Security payments. The agency’s employees—who must uphold New Hampshire disability laws—require the special examination to secure additional information. The state, in addition to the cost of the actual test, will satisfy all travelling costs associated with the test.
Can I Receive Medicare Under New Hampshire Disability Laws?
There are multiple ways to qualify for Medicare payments in the state of New Hampshire. Before determining eligibility, you must understand the two divisions of medicare.
The first division, Hospital Medicare Insurance, supplies benefits to those over the age of 65. Note: eligibility is primarily based on the applicant’s—and his or her spouse’s—employment history. In general, you will be eligible for said payments if you are over the age of 65 and if you:
• Receive railroad retirement benefits or social security benefits
• Are not receiving railroad benefits or social security benefits but have worked long enough to be able to secure said benefits
• New Hampshire disability law states that you will be eligible if your spouse’s work record is sufficient by the state’s standards
• New Hampshire disability law states that you will be eligible for said benefits if you worked long enough in a local, state or federal government job to be insured
If you are under the age of 65, New Hampshire Disability laws state that you may be eligible for Medicare hospital insurance if you:
• Receive Social Security disability benefits and are a victim of Lou Gherig’s disease.
• Have received social security benefits for at least 24 months
• Have worked long enough in a local, state or federal government job and you fulfill the requirement of the Social Security Disability program.