Category: Legal

The latest legal news, and informative guides on everything legal, from legal advice for Personal Injury to how to apply for Social Security Disability Benefits.

Categories
Legal Social Security Disability

Medical Conditions and Disabilities: Do You Qualify?

Medical Conditions and Disability Claims: Do You Qualify?

If you have a medical condition that impacts your day to day life, you may want to file a disability claim. The Social Security Administration’s Listing of Medical Impairments is a guide containing medical conditions that, given certain conditions are met, automatically qualify you for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

For those that have a medical condition on the list, they’re typically considered disabled and should be able to receive benefits. The process is fairly straightforward, provided your condition qualifies and you are able to provide sufficient proof of disability.

List of Impairments

The conditions that will put you into the disabled category vary based on your age. There are separate lists for those under 18 and over 18. The list of medical conditions for adults to qualify for SSI or SSDI include:

  • Mental Disorders: Autism, schizophrenia, anxiety, depression, intellectual disability
  • Musculoskeletal Problems: Back conditions and other issues with the bones and joints
  • Blood Disorders: Hemophilia, sickle cell, etc.
  • Digestive Tract Issues: Inflammatory bowel disease, Crohn’s disease, etc.
  • Cardiovascular Conditions: Coronary artery disease, chronic heart failure, etc.
  • Respiratory Illnesses: Asthma, cystic fibrosis, etc.
  • Neurological Disorders: Cerebral palsy, Parkinson’s disease, ALS, multiple sclerosis, etc.
  • Immune System Disorders: Lupus, rheumatoid arthritis, HIV & AIDS, chronic kidney disease
  • Sense & Speech Issues: Loss of speech, loss of hearing, blindness, etc.

What If Your Condition Isn’t Listed?

The possibilities for disabilities are so varied, it would be almost impossible to list all of the potential conditions. Even if you have a serious medical condition that prevents you from obtaining any gainful employment, you may still be able to make a successful SSDI or SSI claim.

The first requirement for possible consideration is that the condition must be medically determinable. This simply means that you need to have a real condition that has been established in the medical community via laboratory or clinical testing.

The next condition is that the medical issue must limit or reduce your residual functional capacity. Your residual functional capacity can be calculated by evaluating your most demanding or exerting activity that can still be accomplished despite your medical impairment.

A disability claims examiner will use your residual functional capacity to decide your exertional level. Your exertional level will range from “sedentary work” to “very heavy work” based on how much weight is able to be lifted and carried safely.

Medical Evidence Needed

In order to gain approval for medical Social Security disability, you’ll need to be able to show some proof of the severity of your condition. Medical evidence can include:

  • Blood work panels
  • CAT scans
  • Mental health records
  • MRA
  • Physician examination
  • Treatment notes and reports

For your medical evidence to be considered valid, it needs to be within the timeframe that the disability occurred. Additionally, you need to be able to prove that your health is poor enough to impact your ability to perform normal work duties.

If you need help with your case, speak with an experienced SSDI attorney near you.

Categories
Legal Social Security Disability

Social Security Disability Law: A Beginner’s Guide

Social Security Disability Law A Beginners Guide

The Social Security program, along with disability benefits, has been the subject of an increasing focus in the media. People often have questions about the law concerning Social Security, and how it and its associated benefits operate. This is due in no small part to how confusing the laws are surrounding disability and benefit plans.

Many people have pointed out how frustratingly ironic it is. That while the Social Security Disability Law was initially created to improve the lives of the disabled, but the seemingly endless red tape and bureaucratic processes that must be followed make the application incredibly challenging.

What Exactly Is The Social Security Disability Law

The Social Security Disability Law is a federal law that lays out the rules that dictate who can receive disability benefits from the federal government. If you are determined to meet the requirements, you are then eligible to receive the benefits. So, the state in which you live is obligated to meet the requirements needed for your comfort and quality of life.

One of the challenges lies with pursuing the correct benefits, as the criteria for each are different. Failing to meet them will result in rejection or denial of benefits. The two types of benefits are:

  • Social Security Disability Insurance: These benefits require the applicant to prove they have a disability, and that before that they paid into the Social Security System.
  • Social Security Income Program: These benefits require that the applicant is over the age of 65, or be blind, or have a disability, and have low income. These benefits do not require that the applicant prove they paid into the Social Security System prior.

The next hurdle that often poses a significant challenge for some people, is proving the disability. Proving disability is often where people need to work with a disability lawyer. They can help you establish your disability in a legally tangible way. This way you can get the benefits you deserve.

Applications And Appeals

When considering an application for benefits there is a basic process that must be followed, as well as for disputing a decision you find unfavorable.

First, you’ll submit your initial application to the Social Security Administration. This can be done in several ways including by phone, in person, or online. This is a long procedure that involves submitting much of the documentation needed to establish eligibility. Only about 30% of applicants are approved in this manner. If your case is among the 70% of denials, then you can dispute the decision.

This dispute process has four distinct stages, which are:

  • 1 – This is an initial reconsideration that requires you to submit more documentation to support your case, if denied you advance to Stage 2.
  • 2 – Hearing with an Administrative Law Judge, if denied you advance to Stage 3.
  • 3 – Appeal to the appeals council, if denied you advance to Stage 4.
  • 4 – Bring your case before a federal court for a final determination.
Categories
Financial Legal Savings Social Security Disability

The Difference Between 401k vs. Social Security

401k vs. Social Security

Many people wonder which is better to rely on, Social Security payments or your 401k income. What they don’t realize is that you can receive both Social Security as well as 401k income. Whatever income you receive from your 401k plan will also not affect your Social Security benefits. This is because it is considered income from a non-wage source.

Most workers count the days until they can retire at full retirement age, 66 years old. They frequently begin receiving Social Security benefits within the first few months of their retirement, as well as their 401k income. Some will retire as early as 62 in exchange for lower monthly benefit payments from Social Security going forward. At the other end of the spectrum, some delay collecting Social Security until the latest allowable age of 70. This means they reap the benefits of much larger monthly payments in return.

Why 401k Income Has No Effect On Social Security Payments

One of the foundational tenets of Social Security is that the credit system for qualifying for benefits is based on taxable wages. These wages are the ones that you earned during your highest-paid 35 years of work. Your contributions to your 401k are made with wages paid to you by an American company. Fortunately, they have already paid the Social Security taxes on those wages.

Many people contribute as heavily as possible to their 401k, however, under the impression that those contributions are tax-free. Well, they are, sort of. Those contributions can be made free of income tax imposed by federal and state entities. However, not by contributions required by the Federal Income Contributions Act, or FICA.

No matter what, your wages will always have the tax for Social Security paid before anything else can reduce your income level. So you do still pay some taxes, up to a preset threshold that is determined by the IRS.

The Difference In Dollars

So you are getting close to retirement age, or maybe just planning well ahead to ensure your comfort, and you want to get down to numbers on what retirement is going to look like. Well, there are a few scenarios centered around when you retire. You can begin collecting Social Security at 62, the full age of 66, or as late as 70. While you might get to begin enjoying retirement early, the change in benefit amounts by delaying can be incredible.

Using the top-end numbers for 2021, the highest monthly benefit when retiring at 62 is about $2,300 while waiting until 66 gives a monthly payment of more than $3,100. And for those waiting until 70, they can collect a massive benefit of nearly $3,900.

If you are planning on retiring early, your 401k income can certainly supplement your Social Security income without affecting it. On the other hand, if you have a few years to go, you may still be able to start taking life a little easier by utilizing your 401k income while you delay Social Security collection until you get the maximum benefit.

Categories
Legal Social Security Disability

Mental Health Disability Claims

Mental Health Disabilities

The Social Security Administration uses pre-established mental health guidelines to determine which applicants for benefits qualify. These disabling impairments and their criteria are listed in what is referred to as the Blue Book. It lists the exact criteria and conditions that will allow an individual to qualify for and collect Social Security Disability benefits. There are a total of 9 mental health categories covered, and they are:

  • Anxiety Disorders
  • Affective Disorders
  • Autism Spectrum
  • Mental Retardation
  • Organic Disorders
  • Personality Disorders
  • Psychotic Disorders
  • Somatoform Disorders
  • Substance Addiction Disorders

Each category is evaluated with its own criteria, and to qualify for benefits, the applicant will need to show that they meet said criteria. An alternative is to show that the cumulative effect of multiple disabling conditions is equivalent to the accepted criteria.

Anxiety Disorders

To claim SSDI benefits for an anxiety disorder, you must have medical evidence demonstrating at least one of the following:

  • Compulsions and obsessions that result in distress
  • Recurring and unpredictable anxiety or panic attacks weekly
  • Persistent irrational fear
  • Persistent anxiety with symptoms like motor tension

Affective Disorders

The requirements to qualify for SSDI with an affective disorder you will need to demonstrate two years of treatment along with the inability to function outside of a supportive environment or have documentation that acts as evidence showing your condition effectively prevents functioning in any work environment.

Autism Spectrum

You will need to show demonstrably that the condition prevents normal communication, social interaction, and engagement. You must also show that these limitations prevent your ability to work.

Mental Retardation

You, or your ward, will qualify if you can show documentation showing any one of the following:

  • Depending on others for personal care, like bathing, eating, using the bathroom
  • IQ of less than 60
  • IQ less than 70, combined with other physical or mental conditions that preclude working

Organic Disorders

You may qualify for benefits if you can show that you have been receiving treatment for one or more of the following for two years with the persistence of the condition.

  • Time and place confusion
  • Memory disorders
  • Hallucinations
  • Personality changes
  • Mood disturbances
  • Limitations of daily activities
  • Limitations of socialization
  • Loss of 15 IQ points or more

Personality Disorders

You will need to show evidence of your condition causing you to be unable to adapt to a social or work setting. Your disorder will also need to show at least one additional symptom such as seclusion, autistic thinking, hostility, passiveness, odd behavior patterns, impulsive damaging behavior, and more.

Psychotic Disorders

Qualifying for SSDI under this category requires medical documentation showing two years or more of your condition’s impact on your ability to be in a work environment. You may also be able to qualify if you have any symptoms that severely affect your ability to be in a social or work setting, like hallucinations, delusions, incoherence, and more.

Somatoform Disorders

For somatoform disorders, you will need medical evidence showing a history lasting several years of physical symptoms that require drastic lifestyle changes, by the age of 30.

Substance Addiction Disorders

To qualify for SSDI for substance abuse disorders, you must prove with medical documentation that the abuse issues have resulted in a mental disorder, neurological disorder, or digestive disorder.

Categories
Legal Mass Tort

Mass Tort vs. Class Action Lawsuit

Differences between Mass Tort vs. Class Action Lawsuit

Most people have heard of or even been part of, a class-action lawsuit, but it is rarer to find people that are familiar with a mass tort. While each type of action can result in a similar judgment or outcome, they are not interchangeable and are handled differently in court.

It is not uncommon for lawsuits to be brought against a company or organization by multiple individuals seeking to recover compensation for damages. In the case of a mass tort and a class-action lawsuit, the plaintiff is a large group of people who all have the same complaint against the defendant.

This complaint alleges significant harm that was caused by the action or inaction of the defendant. In both scenarios, multiple suits are compiled into a single legal action instead of separate lawsuits for each defendant. The aim of both is to reduce the number of cases in the court system.

Primary Differences Between Mass Tort and Class Action Lawsuits

Mass Tort

They are also usually smaller in scale than class-action suits. Mass tort actions are often comprised of individuals from a similar region or geographic area, which is why they are frequently smaller than class-action suits. Despite plaintiffs in mass torts being grouped together, they are treated as individuals with regard to proof. The means each person must prove the facts of their case, such as injuries, damages, and so on.

Class-Action Lawsuits

In a class-action suit, the plaintiffs are consolidated into a “class”. They are represented by a single person known as the class representative. They will represent the entire class and are will be treated as one singular plaintiff.

How Do I Know Which Case Might Apply To Me?

Mass Tort

A mass tort is frequently used when one or more of the criteria needed to file a class-action suit is not able to be met. This can happen when the plaintiffs each have some degree of variance in their claim or injury. This variance may be too different and can offset the issues more central to the lawsuit.

Class Action Lawsuits

When a class-action lawsuit is initiated, all members of the class must be advised of their inclusion in the suit. They must also have the chance to either use their own attorney or to opt-out entirely. The first step to creating a class-action lawsuit is to find a representative for the class and file a motion declaring their intent to act as the plaintiff on behalf of the class. The following requirements must be met in order to qualify for a class-action:

  • The number of potential plaintiffs in the class makes a joinder or mass tort impractical or impossible.
  • The case contains questions of law that are common to the entire class.
  • The claims made in the lawsuit are the same or highly typical for the entire class.
  • The party designated as the representative will be able to adequately and fairly protect the class’s interests.
Categories
Legal Social Security Disability

What is My Disability Onset Date?

What is My Disability Onset Date?

The short answer is that your disability onset date is when your disability first prevented you from working. Your disability onset date will be important when working with the Social Security Administration. It can affect your pay period and even your overall eligibility for SSDI or SSI benefit payments. Your disability onset date will ultimately be determined by the SSA. They have to first consider your medical records, work history, personal testimony, and so on.

How The Disability Onset Date Is Determined In Most Claims

If the applicant suffers from a disability that is not due to a traumatic event, as are most SSDI and SSI claims, the following factors will be considered by the SSA:

  • The Applicant’s Allegations Or Testimony – This will be your statement regarding your disability and the date on which it began. This will be included with both your application and the Disability Report.
  • Applicant’s Work History – The Social Security Administration office for your district will document the claim with the date on which you stopped working. This is shown on the Work Activity Report SSA form. This will require a different form for employees versus self-employed people.
  • Medical Evidence – Here you should furnish all available and appropriate medical records and submit them for consideration. Some ailments, particularly those that are slowly progressive or have a long latency will prove difficult to determine an exact date for, but the officials at the Social Security Administration will make the best, educated inference possible with the available data.

It is important to note that every case will be different from the next. While the disability onset date may vary in some situations, it cannot be inconsistent with the documented medical evidence.

In some circumstances, it may be inferred or demonstrated that the disability onset occurred before the first medically recorded occasion. In cases such as this, the disability onset date is often dependant on the judgment of the presented facts by a medical advisor.

What happens if the applicant suffers from a disability that is the result of a traumatic event? Then the disability onset date will be the date of the injury, but only if the injury is projected to prevent working for a minimum of 12 continuous months, or if the injuries are severe enough that survival is not expected.

Blindness & Childhood Disability

As stated earlier, each disability case will be different. This means each one will have its challenges as well. This is why people frequently work with disability lawyers. So they can be assured that their disability onset date will be determined correctly. There are two special cases to consider:

  • Blindness – In the case of statutory blindness, the disability onset date is the date on which the evidence shows the impairment met legal requirements.
  • Childhood Disability – With childhood disabilities, it is often not necessary to prove a specific disability onset date, as long as the condition was established in medical records before their 22nd birthday.
Categories
Legal Personal Injury

Can I Sue My Employer For Negligence?

Can I Sue My Employer For Negligence?

When it comes to the relationship between an employer and their employee, things are usually great for a while. In the event that things go wrong, however, it is important that you know what your rights are as an employee. The law sees this relationship and does its best to keep all parties involved covered and rights protected.

So, if you are injured at work and your employer is at fault, what are your options? Are you able to file a negligence lawsuit against them? The short answer is no. Let’s take a closer look at what you need to know about your rights and seeking financial repayment for workplace injuries.

Suing Your Employer for Negligence

If you are injured at work and the accident was your employer’s fault, suing your boss for your medical expenses may seem like the logical thing to do, but it isn’t necessarily the right answer. Most states across the country have workers’ compensation laws in place that were made specifically to help employees seek compensation after a workplace injury.

Because of the workers’ compensation system, you cannot sue your lawyer unless the negligence was intentional. Businesses have workers’ comp insurance set up to cover employee injuries and it protects them from having to deal with lawsuits.

Workers’ Compensation

Workers’ compensation was designed to keep the employee and employer protected. In order for an employee’s accident to be covered, there are some strict rules that must be followed. First and foremost, the injury has to occur while the employee was following their company’s rules. However, if not, they may not be eligible for financial help.

If you work in a factory and one of the safety rules is that protective eye gear must be worn at all times, then you need to be sure to wear them. If you aren’t wearing them and a large piece of metal is lodged into your eye socket, then you are on the hook for your own negligence.

When Can You Sue Your Employer for Negligence?

Generally speaking, in most cases, you cannot sue your employer for negligence. However, here are a few circumstances in which you may be able to file that lawsuit:

  • Your employer is without workers’ compensation insurance
  • Your employer hurt you intentionally
  • You are not technically employed by the company

Returning to Work Following an Accident

If you suffered severe injuries at work, returning to work can feel overwhelming. In order to claim worker’s comp benefits, it is important that you return when your doctor releases you. Otherwise, you may miss out on the workers’ compensation benefits.

Workplace injuries that leave you missing shifts are expensive in multiple ways. Not only do you have medical expenses you weren’t expecting but now you are several days short on your paycheck. If you were hurt at work and are in need of assistance with your medical bills and missed wages, a work injury lawyer can help.

Categories
Legal Personal Injury

Why Get a Lawyer For a Car Accident That’s Not My Fault?

car accident not your fault personal injury lawyer

Have recently been in an accident that you did not cause? Well, you have the right but not the obligation, to hire legal counsel. Since you did not cause the accident, you may think that it will be easier, quicker, and least costly to file your claim yourself, rather than working with an attorney. Many people think that since the accident was not their fault, that they will have an easy case. However, this is not always the way things work out. Sometimes you will need to defend against allegations of contributory negligence.

While you certainly can file your claim without representation, you may be limited to only what the insurer feels is a fair offer. Without legal help, you may find yourself with a settlement check that does not even cover all of your medical costs. By working with a personal injury lawyer, you can concentrate on recovering from a painful and traumatic accident, as they take care of the case and the filings.

How A Lawyer Can Help Your Case

If you have suffered damages and losses both economic and non-economic, from an accident that someone else caused, you should not be responsible for the financial burden that their negligence placed on you. By working with a qualified attorney, you have access to a wealth of knowledge on the claims process and answers to any questions you may have. You will also benefit from their priceless professional expertise.

Your lawyer will do the difficult job of finding and obtaining evidence that helps strengthen your case. They will often get a copy of the official police report to begin. They may also speak with witnesses and gather admissible testimony. In some cases, your attorney may consult with experts and accident reconstruction resources. Doctors and other medical professionals may be consulted regarding your records, do ensure accurate case valuation.

What Types Of Damages Can I Seek?

Each case is different, but generally speaking, you will be able to collect multiple types of damages with your claim. Common damages will include:

  • Medical costs – Both current expenses and projected future costs can potentially be recovered.
  • Lost wages – If you needed to miss work, work at reduced capacity, or now have a reduced capacity to earn as a result of the accident, you may be able to seek lost wages.
  • Pain & suffering – Your injuries likely caused you significant psychological trauma. Your lawyer is experienced in adding a component for pain and suffering in monetary terms.

Your Lawyer Is Your Advocate

When you work with a lawyer, you gain an ally that fights hard for you. They are with you at each step of the claims process. They will take care of the paperwork, the filing, and the stressful phone calls. While you are concentrating on physically and emotionally recovering from your injuries, your attorney will be managing your case and negotiating with the insurer for you.

Categories
Legal Personal Injury

Personal Injury Law: Learning the basics

personal injury law

If you are injured in an accident, and the accident was not your fault, you may be able to file a personal injury lawsuit. Personal injury law, also known as tort law, is the branch of law that helps injured parties seek compensation for their injuries and damages. The overall goal of these claims are to help the injured party recover financially after suffering harm that resulted from negligent or reckless behavior.

Common Types Of Personal Injury Cases

Accidents

If someone acts with negligence, and subsequently causes injury to another party, like in car crashes, slip and fall accidents, or even cases of medical malpractice, then personal injury laws may apply.

Defective Products

If someone suffers an injury from a defective medical device, consumer product, prescribed drug, vehicle part or component, they may be able to file a lawsuit against the product creator, designer, manufacturer, or distributor.

Defamation

Personal injury laws may apply if someone causes injury and damages by making defamatory statements about another party.

Intentional Acts

If someone intentionally harms or causes harm to come to another person, they may face a personal injury lawsuit. This even includes violent crimes like assault.

How Do Personal Injury Cases Progress?

While no two cases are going to be identical, they will often have many commonalities. There are standard steps and processes that personal injury cases generally follow, and they will often include:

  • Plaintiff is injured by defendant: This can consist of nearly any act or inaction on behalf of the defendant that causes injury to come to the plaintiff.
  • Plaintiff identifies breach of duty: The duty of the defendant will often vary depending on the situation. Drivers have a duty to drive safely and follow the rules of the road. Medical professionals have a standard of care to adhere to. Management of a retail business has a duty to keep the premises clean and safe.
  • Settlement talks: This is where most cases end. If all parties agree that there was a breach of duty, the insurer of the defendant may make a settlement offer. This can often require negotiations. However, all parties are often able to reach an agreement where they are able to settle without proceeding to litigation. Settlements often include stipulations that the plaintiff cannot open further lawsuits for the same matter.

How Are Personal Injury Laws Created?

The majority of personal injury and tort laws have a history that goes back to common law. Common law is law that is created not by legislators but by judges. Frequently this happens by precedent, meaning that when a judge rules on a case, that ruling then becomes the basis for other courts to follow.

This is often seen in lower courts following the ruling of a higher court. This is not to say that common law is the only source of laws dealing with personal injury. Many legislators and states have passed laws dealing with personal injury and workers’ compensation.

Categories
Legal Social Security Disability

A Look into the SSDI Application Process

social security disability insurance SSDI

The application and approval process for Social Security Disability Insurance, or SSDI, can look straightforward and fairly simple. However, in reality, getting approval can be quite difficult without proper preparation.

Be Sure You Qualify

The very first step in the SSDI application process is to make sure you qualify and are eligible to collect the benefits you are seeking. The Social Security Administration looks at and considers several criteria when deciding on an application.

Are You Capable Of Substantial Gainful Activity

These criteria simply determine whether you can work and earn an income for yourself. The amount in the SSA guidelines changes yearly along with inflation. However, in 2021 if you make or are able to make more than about $1,300 each month, then you are considered to be capable of gainful activity.

Is The Disability Projected To Last 12 Months Or Longer

You will only be able to successfully claim SSDI if you show that your disability will last longer than 12 months. If it will be less than 12 months, you will not be able to qualify.

Is Your Disability Listed In The Blue Book

The Social Security Administration uses a set of guidelines referred to as “The Blue Book”. It lists the specific conditions, impairments, and disabilities that would qualify someone to receive SSDI. There are exceptions to having specifically named conditions. If you do not see yours in the list you may still be able to qualify.

The SSDI Application Process

Once you are sure you meet the requirements, and that your disability is severe enough, you will need to fill out the application and provide your documentation.

Work History & Medical Documents

You will need to provide your evidence proving your attempts to work, your medical diagnosis and history, and your personal history. You will also need to release your records to the Social Security Administration for a full review. Your disability should show a clear impact on your ability to work. The application will then be signed, and either mailed or dropped off at a local office.

The Initial Review

This is where your SSDI application is checked for completeness and to ensure you meet the requirements for benefits. At this stage, you will often be assigned to a claims examiner, who will review your medical evidence.

Medical Exam Or Request For Additional Information

If you were not approved initially, but not denied, you may be given another opportunity. You must submit more evidence and documentation to bolster your claim. You may also be asked to have an examination by a consultative medical professional working with the SSA. Often this stage can take up to 5 months to complete. It also may require multiple interviews and requests for info. If denied, you will be able to appeal a limited number of times. However, each one will add a significant amount of time to the claim.