We have all heard about the terrible brain injuries and physical impairments caused by explosive devices in Iraq and Afghanistan, as well as the persistence of post-traumatic stress disorder, known as PTSD, from which these vets suffer.
]]> In addition, Vietnam veterans disabled from the effects of Agent Orange have also stepped up applications in response to a change in how those claims are handled.Unfortunately, this is a time of tight budgets and fiscal battles at all levels of government, and despite the high regard with which veterans deserve to be treated, they also are being negatively affected by government contraction.
But this is not just about numbers and politics. Individual veterans and their families are really suffering - losing homes and livelihoods every day because of the effects of injuries and psychological problems directly related to military service. They cannot afford the harm months of delay in monetary disability benefits will cause.
The VA has an ambitious plan to fix the disability application process by 2015. The goal is to process all claims "within 125 days with 98 percent accuracy" by using "training, process and technological improvements."
But veterans' supporters fear that any attempt on the VA's part to go faster will also result in them making more mistakes in disability-claim processing. And if the decision whether to grant disability benefits is not correct the first time, a disabled vet will have to wait potentially months for the appeals process to wind its course.
Source: The Washington Post, "Pressure to reduce VA disability claims may cause more delays, advocates warn," Steve Vogel, April 18, 2012.
]]>Symptoms and Challenges of TBI
Brain injuries may be difficult to diagnose because there may initially be no physical signs of the injuries. The U.S. Department of Veterans Affairs (VA) admits that it has delayed treating veterans suffering from TBIs in the past. However, the VA has now improved many of their policies and practices to help veterans enduring brain injuries.
The VA is now performing research and making changes to its treatment facilities in order to help veterans work with and recover from brain injuries. One of its facilities is offering physical rehabilitation as well as cognitive rehabilitation including speech and language therapy.
Brain injuries resulting from explosions are not well understood by the medical community. In this type of injury, the brain is rattled inside the skull, potentially causing different damage than trauma caused from a blow to the head. Facilities are using wiling veterans as test subjects to learn about better treatments for the future. The VA is also collaborating with local researchers from universities in order to find better diagnoses and treatment options.
The VA has stated a commitment to brain injury research. One of the agency's projects is to treat and limit the effects of the TBI when it is first diagnosed. This may also come with advances in spinal cord injuries, multiple sclerosis and Alzheimer's.
If you are a veteran suffering from TBI, you may be entitled to disability benefits to treat your injuries. Speak to an attorney knowledgeable in veterans disability claims to help you pursue the compensation you need and deserve.
Source: The Sacramento Bee, "Steep Climb for Vets with Brain Injuries," Foon Rhee, 03/11/12.
]]>The basic computation looks at the base amount for an individual's filing status:
This figure is compared to the combined total of two other figures: half the amount of SSDI benefits collected plus all other income (including dividends and self-employment, as well as tax-exempt interest payments).
]]> In general, a person will pay taxes if the latter combined income and disability benefits figure exceeds the base amount. Basically, a benefits recipient must only pay taxes on up to 50 percent of benefits, but this can go as high as 85 percent under certain circumstances.Taxpayers who know that they will have to pay federal income tax on disability benefits can submit a Voluntary Withholding Statement to have an appropriate amount deducted from each Social Security check. This bit of advance planning can make a big difference for individuals on a limited income.
However, disability benefits are not subject to North Carolina's state income tax. While Supplemental Security Income (SSI) benefits are only available to low-income individuals and thus not likely to be subject to taxes, a Social Security disability benefits attorney can explain all of the financial implications of a benefits award.
Source: Internal Revenue Service, "Regular and Disability Benefits," 1/12/2012.
]]>When Can a Repetitive Strain Injury Happen?
Although everyone has experienced a day of hard work that resulted in an aching back, RSI is a serious condition that causes serious pain. RSI can render an employee unable to perform his or her work.
Common causes of RSIs for North Carolina workers include assembly-line work, computer work and jobs that require repetitive lifting. RSIs may manifest in the form of carpal tunnel syndrome, a strained back, tendonitis or another injury.
Interestingly, texting injuries are on the rise. Excessive texting can put serious strain on the user's thumbs and fingers, especially for workers who use texting as part of their jobs. Texting can be a convenient way to reach a coworker quickly, but the side effect could be limited use of the hands due to painful nerve damage and inflammation.
]]> How Can Employers Prevent Repetitive Stress Injuries?Employers can make significant strides toward preventing RSIs. Simple changes to work stations and job routines can help employees stay healthy and productive, including:
What Can an Injured Employee Do?
An injured employee should seek medical attention, keeping in mind that an injury may not show up immediately after the repetitive motions occur. Employees who are injured on the job are typically eligible for workers' compensation benefits, which cover partial wages and pay for medical bills.
Although RSIs can be painful and debilitating, there is hope: employers can do more to prevent these injuries, and employees who suffer from them may pursue workers' compensation.
Source: Business Management Daily, "Repetitive Stress Injuries: FAQs," 01/03/2012.
]]>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.
]]> Harold Krent, lead researcher for the study and dean of Chicago-Kent College of Law, was quoted by the Wall Street Journal as stating, "It's healthy, when something appears not to be ideal, to get some fresh eyes to see if there can be improvements."One of the issues that the study will focus on is the disparity between judges who either deny a large number of claims or approve a large number of claims. The Wall Street Journal reports that on average, administrative law judges approve nearly 60 percent of claims; however, one judge last year approved only 13 percent of claims, while another approved 99 percent of claims. While these two judges appear to be outliers, the concern is that many legitimate claims for benefits are being denied, while a large number of people are being approved for benefits when they should not be, which takes much needed funding away from those with legitimate claims for SSA benefits.
The study's recommendations are non-binding on the SSA, but could provide the SSA with much needed information to help ensure the longevity of its programs and help those who truly need benefits receive them.
Source: Wall Street Journal, "Disability-Benefits System Faces Review," Damian Paletta, 12/15/11.
]]>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.
]]> Ways to Make the Process Move More SmoothlyEven if you do end up getting SSD, the process for obtaining group disability benefits can still be daunting. Often, the insurance companies require extensive documentation, and you may need to visit several doctors to prove your claim.
There are steps you can take to help the process go more smoothly. Submit copies of all your relevant medical records, including testing and prescription drugs, to your insurance company. Make sure you include a report from your doctor outlining your inability to work. Keep the originals on file, as you may need to re-submit the paperwork several times.
It may also be helpful to consult with a vocational expert who can provide a good picture of your working abilities - your insurance company will surely have one on their side.
If you are denied, don't despair. Invoke your right to appeal, and contact a lawyer who can help you with your claim. Ultimately, over 75 percent of disability claims are approved. Unfortunately, many deserving claimants have to get those benefits the hard way.
Source: New York Daily News, "Getting Disability Insurance Can Be Painful," Jean Chatzky, Nov. 1, 2011.
]]>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.
]]> Cell Phone Use Can Lead to Deadly AccidentsNearly all experts agree that hand-held cell phone use is distracting to drivers and slows reaction time. However, some industry groups dispute the NTSB's claim that hands-free cell phone use is equally as dangerous. The American Trucking Association's manager of safety and security operations Boyd Stephenson cited a Virginia Tech that found that hands-free cell phone use did not increase crash risk. He said the issue needed further study.
The NTSB's recommendation came after a 2010 truck accident that killed 11 people. The accident occurred when a truck driver lost control of his vehicle and entered opposing traffic. The truck collided with a passenger van, killing the truck driver and 10 of the van's occupants. A subsequent investigation revealed that the truck driver had made four cell phone calls in the five minutes before the crash. All told, he had made 69 calls while driving in the 24 hours preceding the collision. Driver distraction was cited as the official cause of the accident.
There can be no doubt that semi-trucks' size alone makes them some of the most dangerous vehicles on the road. Unfortunately, a distracted driver can easily turn his vehicle into a deadly weapon.
Source: TMC News, "NTSB Recommends Total Ban on Cell-Phone Use by Truckers," Oct. 10, 2011
]]>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.
]]> SSA leaders set numerical goals for judges and field officers to speed cases. The practical effect at the SSA was that adjudications done the last week of September did not count toward those annual numerical targets.The Wall Street Journal, reported that managers told employees and judges not to close out cases. As a result the Social Security Administrator's Office of Disability Adjudication and Review only closed 230 cases nationally on one day during the last week of September when it usually averages 3,000.
Currently the numbers of pending cases just keeps increasing. Here are some of the relevant statistics:
The SSA has 1,500 Administrative law judges and thousands of other employees across the country, but it is unclear whether that is sufficient to clear the backlog and decide cases in a timely manner.
]]>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.
]]> What Can Save SSDI?One possible stopgap measure to save SSDI would be for Congress to reallocate Social Security retirement funds to the disability program. Congress took such action in 1994. But, even this step would only keep the disability program funded until 2036.
Congress could also crack down on improper overpayments to recipients, which would save approximately $12 billion in the next 10 years.
Is It More Difficult Now to Qualify?
Qualifying for disability benefits has been and always will be a complex and time-consuming task. On average, roughly two-thirds of first-time applicants' claims are rejected. And the entire process - from initial application to resolution of any appeals - can take more than two years.
With all the uncertainties over Social Security's future, now more than ever it's imperative to seek the advice of a professional why applying for disability benefits.
]]>Symptoms of Heat Illnesses
According to the National Institute for Occupational Safety and Health (NIOSH), the symptoms of heat-related illnesses include:
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.
]]> Heat Safety TipsIn order to keep workers safe, NIOSH offers safety tips to both employers and employees.
Tips for employers include:
Tips for employees include:
Other Heat-Related Risks
In addition to heat-related illnesses, workers who are exposed to heat and become dehydrated are susceptible to other work-related injuries. The affects of dehydration that put workers at greater risk of work-related injury include impairment to short-term memory, vision, attention span or cognitive ability.
Because summer increases the risk of heat-related accidents and illnesses, it is important that employers and workers monitor fellow workers so that everyone remains safe on the job.
Source: Managing Workers' Comp: Taking the Stress Out of Heat
]]>A few insights about this area of disability law can help applicants understand eligibility:
North Carolina Social Security disability lawyers help clients understand issues such as how work history affects benefits, how long the process takes for applicants with various types of injuries, and whether an appeal may be necessary. An initial consultation can provide answers for applicants of all ages, regardless of their work background or the nature of the disabling injury or illness.
]]>Workers also would have a harder time choosing the physician treating them. They would have to prove by "clear and convincing evidence" that it would be appropriate to have their own doctor treating their workplace injuries. This standard is notoriously high and a departure from the current "preponderance of the evidence" standard. This stance limits the rights of injured workers who have the unfortunate experience of putting their health in the hands of doctors who may not have their best interests at heart.
Most importantly, the additional savings to employers may actually be an additional burden on taxpayers. When benefits for injured workers run out, they inevitably will seek public assistance and Medicaid to make ends meet. The bill is still pending in the General Assembly and will likely be voted on before the current session ends.
]]>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.
]]> Social Security recipients who still receive paper checks must switch by March 1, 2013. They will need to provide bank account information to their federal benefits providers. If they choose not to do so, the benefits will be paid in the form of a prepaid debit card.The programs that are included in the new electronic payment program are Social Security; Supplemental Security Income (SSI); the Railroad Retirement Board; the Office of Personnel Management; the Department of Labor (for black lung); and Veterans Affairs.
Other Changes on the Horizon for Social Security
The Social Security Administration has also implemented another money-saving, "green" change. The SSA has suspended mailing the statements that estimate a person's Social Security benefits based on earnings. Next year, the SSA will send the statements to all people 60 years old and older. Younger people who want to see their statements now must request a copy.
While these adjustments may seem small, more significant changes are possible. Debate on Social Security reform continues in Washington, D.C. Three senators recently proposed raising the age at which Americans would be eligible to collect Social Security retirement benefits, in addition to reducing benefits for the wealthy. The proposal, like most others concerning Social Security benefits, is being hotly debated.
For now, people who receive Social Security benefits in the form of checks may wish to change the mode to electronic payments. If they choose not to do so, the payments will become electronic in a little less than two years.
]]>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.
]]> Changes to Disability CompensationMost importantly, the number of weeks a worker would be eligible to receive benefits would be limited to 500 weeks from the date of the injury, unless the worker can prove that he or she is totally disabled. Essentially, the amount of compensation would be capped unless workers could prove that they have suffered:
When a worker is deemed to have reached maximum medical improvement, he or she would be required to return to work in a capacity that satisfies the work recommendations based on the injury. However, this proposed change does not take into account whether the particular job is currently available or within a reasonable distance from the worker's home.
These proposed changes are set to take effect once the bill actually becomes law; which is tentatively July 1, 2011. They will affect all workers with current claims as well as those who have claims pending. For questions about the status and additional effects the proposed law would have, contact an experienced workers' compensation attorney.
]]>Unfortunately, this process is complex and can be confusing; many people who should be receiving benefits are not. This is especially true for individuals who are homeless, often suffering from mental illness, substance abuse or other health concerns, making them unable to navigate the application process for SSDI/SSI benefits, or the appeals process that is often a step in obtaining benefits.
]]> What is SOAR?The SSI/SSDI Outreach, Access and Recovery (SOAR) program was created to assist homeless individuals in receiving the Social Security Disability benefits they are entitled to. In order to be eligible for SOAR assistance, an individual must be an adult, as defined under SSA rules, who is homeless or "at imminent risk of becoming homeless." A person may be at risk of homelessness or homeless if he or she has no place to go or is living in uninhabitable conditions.
SSD and SSDI benefits are able to provide homeless individuals with much needed health insurance, income and housing access. These are important steps on the road to recovery.
Why is SOAR Needed?
Not only to homeless individuals often fail to go through the SSD application process, but of those that do, only 10-15 percent of homeless individuals have their initial applications approved. This is compared to a 37 percent initial application approval rate for other applicants, as reported by SOAR. With the help of SOAR training, this number could raise as high as 65-95 percent. Currently, 34 states participate in SOAR to help homeless individuals obtain their SSD benefits and these states have seen vast improvement in initial application approvals. This is beneficial to both the applicants and to the state.
For more information on the SOAR initiative, please visit www.prainc.com/SOAR
]]>