“60 Minutes” Misses the Mark on Social Security Disability

Today’s post comes from guest author Kristina Brown Thompson, from The Jernigan Law Firm.

What happens when a major journalism program runs a program without interviewing both sides? You get something like what “60 Minutes” aired in early October in “Disability, USA.” It’s one of the media’s favorite topics, “exposing” disability fraud on the part of the claimant. But how much truth is there to the allegations made on “60 Minutes”?

After watching the show, the viewer is lead to believe that almost anyone with any medical condition could be approved for Social Security Disability. You hear from an administrative law judge that the standards are too lax. However, over 66% of all disability claims are initially denied. Thereafter, only about 10% win disability benefits on appeal. The application and appeal process alone takes months, if not years. This sure doesn’t sound like an easy way to survive. Even if benefits are ultimately awarded, they are taxable and paid only on a monthly basis with the average disability payment of about $1,100.00.

While it’s true the number of disability claimants has increased, this is hardly surprising. Overall, we have an aging population which increases the ratio of disabled claimants. Likewise, with jobs scarce, those with disabilities are having an increasingly difficult time finding work.

It’s very disappointing that no one at “60 Minutes” took the time to interview a single disability applicant. If they had taken the time, they would have learned that the application is an arduous process. Failure to present your medical records or respond within strict timeframes, results in an automatic denial. Recently, one of our workers’ compensation clients reported that he underwent two separate disability applications and four appeals (cumulatively) before finally being approved in 2013. He has been out of work since 2006.

For more information, check out “Just the Facts” as well as this article published by the National Organization of Social Security Claimant Representatives in response to “Disability, USA.”  

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Temporary Work, Lasting Harm

Today’s post was shared by Jon Gelman and comes from www.propublica.org

Ninety minutes into his first day on the first job of his life, Day Davis was called over to help at Palletizer No. 4 at the Bacardi bottling plant in Jacksonville, Fla. Above is a composite image of the times Davis is seen in a surveillance video before an all-too-common story for temp workers unfolded.

A version of this story was produced by Univision and will air tonight at 6:30 p.m.

JACKSONVILLE, Fla. – This was it, he told his brother Jojo. He would finally be able to pay his mother back for the fender bender, buy some new shoes and, if things went well, maybe even start a life with his fiancee who was living in Atlanta.

After getting his high school diploma, completing federal job training and sending out dozens of applications, Day Davis, 21, got a job. It was through a temp agency and didn’t pay very much, but he would be working at the Bacardi bottling plant, making the best-selling rum in the world.

Davis called his mother to tell her the good news and ask if she could pick him up so he could buy the required steel-toe boots, white shirt and khaki pants and get to the factory for a 15-minute orientation before his 3 p.m. shift.

Word spread quickly through the family. “Me and my brother was like, ‘Don’t mess up now, you got to do good, don’t mess up,’ ” said his younger sister, Nia.

It was a humid 90 degrees as Davis walked into Bacardi’s Warehouse No. 7 to the rattle of glass bottles,…

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A Day In The Life Of Ted the Tea-Partier

Today’s post comes from guest author Jay Causey, from Causey Law Firm.

     Ted gets up at 6 A.M. and fills his coffeepot with water to prepare his morning coffee.  The water is clean and good because some tree-hugging liberal fought for government-enforced minimum water-quality standards. 

     With his first swallow of coffee, he takes his daily medication. His medications are safe to take because some stupid commie liberal fought to have the government insure their safety and that they work as advertised.  All but $10 of his medications are paid for by his employer’s medical plan because some liberal union workers fought their employers for paid medical insurance – now Ted gets it too.

     He prepares his morning breakfast, bacon and eggs.  Ted’s bacon is safe to eat because some girly-man liberal fought for laws to regulate the meat-packing industry. 

     In the morning shower, Ted reaches for his shampoo.  His bottle is properly labeled with each ingredient and its amount in the total contents because some crybaby liberal fought for his right to know what he was putting on his body and how much it contained.

     Ted dresses, walks outside and takes a deep breath.  The air he breathes is far less polluted than decades ago because some wacko liberal environmentalist fought for laws to stop industries from polluting our air.

     Ted begins his workday. He has a good job with decent pay, medical benefits, retirement, paid holidays and vacation because some lazy liberal union members fought and died for these working standards.  Ted’s employer pays these standards because Ted’s employer doesn’t want his employees to call the union.  If Ted is hurt on the job or is laid off, he’ll get workers’ compensation or unemployment because some stupid liberal didn’t think he should lose his home because of his temporary misfortune.

     It’s noontime, and Ted needs to make a bank deposit so he can pay some bills. Ted’s deposit is federally insured by the FSLIC because some godless liberal wanted to protect Ted’s money from unscrupulous bankers who ruined the banking system before the Great Depression and nearly collapsed the banking system again in 2008, saved only by a tax-payer bailout.

     Ted is home from work, and drives to visit his father this evening at his farm home in the country.  His car is among the safest in the world because some America-hating liberal fought to have the government enact car safety standards.

     He arrives at his boyhood home.  His was the third generation to live in the house financed by Farmers’ Home Administration because bankers didn’t want to make rural loans.  The house didn’t have electricity until some big-government liberal stuck his nose where it didn’t belong and demanded rural electrification.

     He is happy to see his father, who is now retired.  His father lives on Social Security and a union pension because some wine-drinking, cheese-eating liberal made sure he could take care of himself so Ted wouldn’t have to. Ted gets back in his car for the ride home, and turns on a radio talk show.  The radio host keeps saying that liberals are bad and hate their country.  He doesn’t mention that his radical, anti-government Republicans  have, over many decades, fought against each and every one of these protections and benefits Ted enjoys throughout his day.

     Ted agrees:  “We don’t need those big-government liberals ruining our lives!  They’re taking away our freedoms!  After all, I’m a self-made man who believes everyone should take care of themselves, just like I have.”

Photo credit: outtacontext / Foter.com / CC BY-NC-ND

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As Robot-Assisted Surgery Expands, Are Patients And Providers Getting Enough Information?

Today’s post was shared by Gelman on Workplace Injuries and comes from www.kaiserhealthnews.org

The use of robotic surgical systems is expanding rapidly, but hospitals, patients and regulators may not be getting enough information to determine whether the high tech approach is worth its cost.

Problems resulting from surgery using robotic equipment—including deaths—have been reported late, inaccurately or not at all to the Food and Drug Administration, according to one study.

The study, published in the Journal for Healthcare Quality earlier this year, focused on incidents involving Intuitive Surgical’s da Vinci Robotic Surgical System over nearly 12 years, scrubbing through several data bases to find troubled outcomes. Researchers found 245 incidents reported to the FDA, including 71 deaths and 174 nonfatal injuries. But they also found eight cases in which reporting fell short, including five cases in which no FDA report was filed at all.

The FDA assesses and approves products based on reported device-related complications. If a medical device malfunctions, hospitals are required to report the incident to the manufacturer, which then reports it to the agency. The FDA, in turn, creates a report for its Manufacturer and User Facility Device Experience database.

The use of surgical robots has grown rapidly since it was first approved for laparoscopic surgery (a type of surgery that uses smaller incisions than in traditional surgery) by the FDA in 2000. Between 2007 and 2011 the number of da Vinci systems installed increased by 75 percent in the United…

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Legally Speaking – Volunteer Firefighters and Ambulance Workers

 

Catherine M. Stanton

Catherine M. Stanton

Hello friends!  Today’s editorial is going to discuss Volunteer Firefighters and Ambulance Workers and their rights under New York State Workers’ Compensation Law.

While paid New York City firefighters are covered by special contract, and not covered under New York State Workers’ Compensation Law, all New York State active volunteer firefighters in a county, city, town, village or fire district are entitled to benefits under the law if they are injured in the line of duty.  Most New York State active volunteer ambulance workers are entitled to benefits as well.

To be entitled to benefits, a firefighter must be engaged in activities pursuant to orders or authorization that include, but are not limited to, participation in fire drills, parades and funerals; travel to and from fire calls or authorized activities; firehouse duties; property inspections; and maintenance and repair of equipment.

Volunteer ambulance workers must be engaged in duties at the ambulance facility or elsewhere, including but not limited to, public exhibitions and drills; attendance at training school; travel to and from calls directly related to the prevention of accidents or other disasters; delivery of emergency health care; instruction in ambulance duties; or maintaining equipment.  The benefits depend on the seriousness of the injury and the length of disability.

A determination of the benefits will be made…

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What’s in a Back Injury?

Today’s post comes from guest author Brody Ockander, from Rehm, Bennett & Moore.

I hurt my back, and my doctor said it’s my “disc.” What is going on?

Obviously, you’ll want to speak to your doctor about the specifics of your injury, but below is a simple primer on the basic information of an injured, slipped, bulging, herniated disc.

Discs are in between your vertebrae in your spine. They are there as shock absorbers between the bone and also help provide the spine with mobility.

When you have an injury to your disc, you may have what’s called a disc herniation or a disc bulge. If you have a disc herniation, the gel-type substance in the disc has extended beyond where the disc normally contains the gel substance. In the case of a herniation, you can have an extruding disc (more prominent) or a protruding disc (less prominent). The herniation becomes a problem when it interferes or “impinges” or “entraps” the nerves in your spinal column.

A bulging disc is when the gel-type substance is outside the normal disc space, but the outer “shell” of the disc remains intact for the most part. Usually, a bulging disc is less severe than a herniated disc, and bulging discs are sometimes referred to as “protruding discs” as well.

Because the nerves in your spine control your arms and legs, often, your doctor can determine which disc is causing you problems simply by what part of your arm or leg tingles, goes numb, or hurts, along with the location of the pain in your back. For example, if you had a back injury and it now hurts on the outside of your thigh, across the front of your knee, and into your big toe, you likely have an issue with your L4-L5 disc (see the chart as an illustration).

Naturally, a doctor will use your symptoms in conjunction with other diagnostic tests to determine the location of the problem more precisely and will treat your symptoms accordingly. In addition, your doctor will be better able to explain the specifics of your injury more thoroughly and precisely. However, the purpose of this blog is to simply give you an overview of what it means when the doctor says you have a disc “herniation” or “bulge.” This disclaimer applies to the information supplied in today’s blog post.

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Legally Speaking – Afraid To File A Claim?

As a 25-year attorney in the field of Workers’ Compensation, I have represented thousands of injured workers and heard all kinds of stories — many involving workers who didn’t file a Workers’ Comp claim for one reason or another. Some of the most frequent reasons I’ve heard from workers who get injured on the job and don’t file a claim include fear of getting fired, or intimidation by a system that seems cumbersome and hard to navigate.

First of all, it is against the law for an employer to fire you in retaliation for filing a Workers’ Compensation claim.  You should know that Workers’ Compensation is a no fault system. In exchange for timely payment of medical and indemnity benefits, workers gave up the right to sue their employer.   These laws went into effect in the early 20th Century as a result of social reform and tragedy.  While every state in the nation has some form of Workers’ Compensation laws, they all vary in scope and date of inception.  In New York, the pivotal event that culminated in the passage of Workers’ Compensation legislation occurred in 1911 after the horror of the Triangle Shirtwaist Factory fire, where 146 individuals perished — some burned to death while others leapt to their deaths when they tried to escape the fire and found the emergency exits locked.  This was a preventable tragedy caused by unsafe work conditions and was a catalyst for…

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Small Increase Predicted for Social Security COLA

Today’s post comes from guest author Todd Bennett, from Rehm, Bennett & Moore.

Social Security benefits are slated to go up, but not by much. “The cost-of-living adjustment in Social Security for 2014 is likely to be very small, marking the fourth year in the last five that recipients receive little or no increase in benefits,” according to a recent CNNMoney article. 

The American Institute for Economic Research estimates the increase to be 1.4% to 1.6%.  Last year’s increase was 1.7%, and the 2012 increase of 3.6% was the only “significant rise in benefits in recent years,” according to the article.

If there are questions about your specific legal situation, please contact the firm.

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