New rules regarding medical evidence change the manner in which disability claims are reviewed and approved. Claimants and their Social Security Disability attorney must understand the impact of these changes or face the possibility of delays and denial of disability claims. How the New Rules Affect Disability Claims According to the Social Security Administration, the intent of the rules changes is to eliminate duplication and bring clarity to the claims determination process. As a result, several long-standing practices have been modified or discontinued. Treating Physician Opinion is no Longer the Primary Claim Determination Factor For several decades, the medical opinion of the treating physician had controlling weight […]
A person may be able to qualify for Social Security disability and unemployment benefits even though these two programs have very different missions. However, applying for both types of benefits may raise certain implications, so it is important that claimants understand the potential risks and benefits of receiving both types of benefits at the same time. Social Security Disability Social Security disability is a program designed to provide monetary and medical benefits to individuals who suffer from a disabling condition that prevents them from maintaining substantially gainful employment. To qualify for Social Security disability, the claimant must have a medical […]
Although in many cases the claims process for work-related injuries proceeds fairly smoothly, sometimes, issues arise that can make it difficult for work injury victims to receive workers compensation benefits. By familiarizing themselves with some of the more common problems injured workers face and how to prevent them, victims can improve their chances of obtaining successful claims. Workers Compensation Claims Denials There is no guarantee that a workers’ compensation claim will be granted. Many workers with legitimate work-related injuries or illnesses may be wrongfully denied benefits. Claims denials can occur for a variety of reasons. No Direct Link to the […]
For victims with disabling medical conditions, understanding the requirements needed to establish SSDI entitlement will streamline the process and improve the chances for a successful claim. A Social Security disability attorney can provide clients with advice and legal representation as they proceed through the SSDI claims process. Approximately 71 percent of people in Illinois who file for Social Security disability benefits are declined. In many cases, victims are declined because their claims simply didn’t include the necessary information. Following a life changing medical diagnosis, entitlement for SSDI should be established as early as possible and care must be taken to […]
Fatigued doctors, nurses, and medical staff put hospital ER patients at increased risk for medical errors. Depending on the type of error and the patient’s condition, injuries can range from mild to severe, even fatal. Medical Errors in the ER Doctors, nurses, and medical staff in hospital emergency rooms often work long hours and double shifts that contribute to fatigue and exhaustion, which in turn can lead to a confused mental state that significantly affects motor skills and judgment. These impairments often lead to mistakes and negligent behavior including misdiagnosis, failure to properly inform patients, medication errors, and surgical errors. […]
There may be several causes of Illinois scaffolding accidents at work leading to the potential liability of several parties. In addition to seeking workers’ compensation benefits from the injured worker’s employer, injured workers may also separately sue third parties who might also be liable, including negligent manufacturers, negligent installers and third-party property owners in some cases. A workers’ compensation attorney may identify all of the potentially liable parties in a client’s case and help with both the workers’ compensation claim as well as any separately filed personal injury lawsuits against the other parties. Scaffolding Accident Causes The Occupational Safety and […]
The Social Security Administration (SSA) has updated the list of mental disorders that qualify for disability benefits for 2017. The main determining factor remains the individual’s inability to work due to the condition. Merely having one of the listed conditions does not automatically qualify a person to receive Social Security benefits. While it is necessary to have a doctor or psychiatrist complete paperwork detailing the severity of the person’s condition, institutionalization or round-the-clock care is not required to qualify. A Social Security disability attorney can advise individuals who feel they may qualify for disability on the best course of action. […]
Escaping the summer heat by taking a dip in the pool can lead to serious injury or death. On average, 9 people die in drowning accidents each day and many more suffer injuries including broken bones and lacerations. While children are at greatest risk, the reality is that anyone who takes a swim in a commercial or residential swimming pool is in danger of becoming the next statistic. In certain cases, swimming pool related injuries such as paralysis can have life changing consequences. Private Pool Owners Are Responsible for Safety Property owners are responsible for ensuring the safety and security […]
If an employee is fired after suffering a work-related injury, his or her benefits should remain intact. Furthermore, he or she may have an additional claim against the employer for retaliation. Workers’ Compensation Benefits In Illinois, an employee who sustains a work-related injury is entitled to workers’ compensation benefits. The workers’ compensation system is a tradeoff for an employee not suing his or her employee. In exchange, the employee receives certain medical and monetary benefits if he or she sustains an accident at work. Additionally, he or she does not have to prove that the employer was negligent or that this negligence […]
The Old-Age, Survivors, and Disability Insurance (“OASDI”) Program, popularly known as “Social Security,” is a federal government program that pays monthly income to insured workers and their families at retirement, disability, or death. The OASDI program is split into two parts, the Old-Age and Survivors Insurance (“OASI”) and Disability Insurance (“DI”) programs. The OASDI Program is the largest social welfare program in the United States, providing coverage to about one in five Americans. Eligibility to File Claims However, it isn’t automatically granted, for a worker to qualify for benefits, she must: Be insured for disability under the Social Security Act […]
