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Social Security Administration Commissions Review

  • 06
  • January
    2012

Through its Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) programs, the Social Security Administration (SSA) is designed to provide support both financially and in health benefits to Americans who are unable to work. However, actuarial estimates project the SSA, which according to the Wall Street Journal is scheduled to provide 10.6 million Americans with disability benefits worth approximately $130 billion this year, will pay out all of its reserve funds by 2017. If the SSA drains its funds, it would be devastating to the millions of Americans who currently or will depend on SSA benefits to make ends meet.

In order to help ensure that the Americans who depend on its services receive the benefits that they need, the SSA has commissioned the Administrative Conference of the United States to review the SSA's disability system and provide recommendations by late 2012.

Qualifying for Disability Benefits Can Be an Uphill Battle

  • 05
  • December
    2011

Imagine a situation where you've become unexpectedly ill or injured and you're no longer able to work. Thankfully, you'll be able to rely on your employer-sponsored disability insurance, right?

Unfortunately, the answer might not be so simple. It can be much harder to recover benefits under a group disability policy than you might think.

Many Policies Require Social Security Disability Benefits First

Group disability insurance policies are designed to replace a percentage of your lost income - usually around 60 percent. What you might not realize is that many disability policies require you to obtain Social Security disability benefits first. Your insurance then backfills only the portion of the 60 percent of lost income not covered by SSD.

However, Social Security disability benefits aren't always a sure bet. According to the Social Security Administration, approximately 75 percent of applicants are turned down their first time through the process. Half of those people do eventually get benefits after going through the appeals process, but that can take years.

Many times, applicants are turned down because they don't understand the process and therefore don't properly document their disabilities. You can increase your chances of being awarded SSD benefits by enlisting the help of an experienced Charlotte Social Security disability lawyer.

NTSB to Truckers: No More Cell Phones Behind the Wheel

  • 07
  • November
    2011

The National Transportation Safety Board (NTSB) - the federal agency responsible for promoting transportation safety and investigating transportation accidents - is recommending that truckers be completely prohibited from using cell phones behind the wheel.

The move comes as part of Transportation Secretary Ray LaHood's effort to crack down on car accidents caused by distracted driving.

Currently, truck drivers are prohibited from texting. The Federal Motor Carrier Safety Administration is currently reviewing a proposed rule that would prohibit the use of handheld mobile devices. If the NTSB's recommendation is followed, the ban would extend to all cell phone use, even if the driver is using a speakerphone or other hands-free device.

Under the proposed rule, truck drivers would still be allowed to use a cell phone in emergency situations.

Social Security Administration Slows Down During Extra Week

  • 14
  • October
    2011

An unusual extra week between federal fiscal years resulted in a slowdown for the Social Security Administration (SSA). Those awaiting social security disability decisions may now have to wait a little longer after the SSA requested that workers process fewer cases during the gap week.

The federal fiscal year runs from October 1 of the prior year through September 30 of the year being described. However, the federal government uses a 52 week fiscal calendar. Every five or six years, a fiscal year would be 53 weeks long. The last week of September ended up being a week between fiscal years 2011 and 2012.

Will Social Security Disability Insurance Go Away?

  • 07
  • October
    2011

Not a day goes by without another reminder of the dire economic situation facing Americans. Incomes are down and unemployment is up. These tough economic times are having a major impact on the financial safety net millions of injured Americans rely on: the government trust fund that bankrolls the Social Security Disability Insurance (SSDI) program.

In 2010, SSDI paid 13.5 million disabled Americans a total of $126 billion in benefits with just under $100 million going to residents of North Carolina. Unfortunately, some experts predict that SSDI may run out of money by 2017.

Reasons Behind SSDI's Possible Demise

At the heart of SSDI's uncertain future is simply more demand and less supply. The number of applications has increased by 50 percent over the past 10 years with a total of 3.3 million Americans expected to apply this year - that's 1 million more than a decade ago. More people are out of work and unable to find new jobs, leading more people to turn to Social Security for assistance.

A decrease in payroll taxes collected also means less money to fund Social Security. Because Americans are living longer, more people than ever qualify for SSDI benefits. But it's not just the elderly; anyone who qualifies can get full disability benefits, including Medicare, before retirement age.

More applications and less money to go around have caused an ever-increasing backlog and longer wait times before final qualification decisions are made.

Prevent Heat-Related Illnesses While Working

  • 18
  • August
    2011

During the dog-days of summer, workers are at greater risk of heat related illnesses, including heat stroke, heat exhaustion, heat syncope and heat cramps. Heat related illnesses and the dangers associated with heat, do not just affect workers that primarily work outside. Indoor workers who work around machinery, boilers or in confined spaces are just as susceptible to heat illnesses.

Symptoms of Heat Illnesses

According to the National Institute for Occupational Safety and Health (NIOSH), the symptoms of heat-related illnesses include:

  • Extreme weakness or fatigue
  • Confusion
  • Dizziness
  • Nausea
  • Muscle cramps
  • Profuse or heavy sweating
  • Fast, shallow breathing
  • Clammy skin
  • Pale or flushed complexion
  • Hallucinations
  • Chills
  • Elevated body temperature
  • Slurred speech
  • Headache

Heat related illnesses, specifically heat stroke, pose the risk of great injury or death. If you or you notice another worker experiencing any of the above symptoms it is important to seek out proper care.

SSDI Before Age 22 for Children of Social Security Benefits Recipients

  • 26
  • July
    2011

Most Social Security Disability Insurance (SSDI) applications are based on the earnings history of the person seeking disability benefits. But if the applicant is under 22 years old and has a parent who is deceased, retired or currently receiving SSDI benefits, the Social Security Administration (SSA) will look to the parent's earnings record to determine the benefit amount.

A few insights about this area of disability law can help applicants understand eligibility:

  • This provision covers adopted children, and in some cases even stepchildren, grandchildren or step grandchildren
  • The adult child does not need to have any documented work history, as under-22 disability is considered a type of child's benefit
  • Supplemental Security Income recipients under age 22 should learn if they are eligible for increased benefits and Medicare
  • Just like any other adult's application, the disability determination is based on whether the person can do work previously performed, whether an adjustment to other work is possible, and whether the disabling condition will last for a year or longer or result in death

North Carolina Workers' Comp Reform Heading to Vote

  • 17
  • May
    2011

North Carolina lawmakers are primed to consider a key piece of legislation that will have lasting effects on workers' compensation. The Act to "Protect and Put NC Back to Work" is a critical proposal that ostensibly would balance the budget and streamline costs for years to come. However, only business owners and insurance companies share this view. The reality is that injured workers would be adversely affected. The proposed bill would limit payment of temporary total disability payments, to nine and a half years. Benefits to dependents of deceased workers would be extended from 400 weeks to 500, and burial benefits would be maximized at $10,000.

Social Security Benefits Will Only Be Paid Electronically in 2013

  • 11
  • May
    2011

Whether they are in North Carolina or elsewhere in the United States, all people who receive Social Security payments will soon have the funds deposited electronically. This step toward convenience for recipients and security for personal information is part of an overall plan for the modernization of Social Security procedures.

Most people who receive Social Security payments already do so electronically; indeed, eight out of 10 people who receive monthly benefits have chosen electronic delivery. People who choose to switch now will not have their benefits schedule affected. All new applicants must receive electronic payments from the start.

Proposed Law Seeks Changes to NC Workers' Comp

  • 27
  • April
    2011

The North Carolina legislature is considering sweeping changes to its workers' compensation system. House Bill 709, dubbed the Act to "Protect and Put NC Back to Work" seeks to change how injured workers choose physicians, alter the compensation they may receive, regulate the types of jobs they should take and change how private medical information may be accessed. These changes will adversely affect injured workers because it will likely limit an injured worker's rights to determine treatment, and increase the burden on them to challenge inappropriate recommendations.

Changes to Medical Treatment

When a worker is injured on the job, the company's insurer commonly provides a physician to direct treatment and make recommendations as to when the worker can return to work. However, a worker can petition the North Carolina Industrial Commission to have his or her own doctor manage their care by showing by a preponderance of the evidence that such a change would be in the worker's best interest. The new law would change that standard to "clear and convincing evidence", thus considerably raising the threshold for injured workers and making it nearly impossible for them to switch to a doctor who would have their best interests in mind.

Under the proposed law, the Commission would no longer consider evaluations, diagnoses and other reports by doctors who treated the worker prior to a motion filed to change providers. Also, the injured worker's medical privacy rights would be compromised, as insurance companies and defense attorneys would be able to question the worker's own medical providers without their knowledge. Further, the worker's right to a second opinion examination by their own physician would be curtailed to only involve the applicable percentage of permanent partial impairment.