FEMA: No extensions to file superstorm Sandy insurance suits

Originally published: November 21, 2013 6:27 PM
Updated: November 21, 2013 7:13 PM
By JOE RYAN  joe.ryan@newsday.com

 

Greg Snow attempts to clear debris from superstorm…

Photo credit: Newsday / Thomas A. Ferrara | Greg Snow attempts to clear debris from superstorm Sandy from his yard on Atlantic Street in Lindenhurst. (Nov. 1, 2012)

The National Flood Insurance Program Thursday rejected requests from Sen. Charles Schumer and others to extend the deadline for homeowners to file lawsuits arguing for more money to cover damage from superstorm Sandy.

The government insurer, run by the Federal Emergency Management Agency, issued a memo to private companies that administer flood policies, saying the 12-month statute of limitations is dictated by federal law and cannot be moved.

“FEMA lacks the authority to extend the time limit to file a lawsuit established by statute,” wrote James Sadler, director of claims for the flood insurance program.

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According to FEMA, homeowners must sue within one year of having any portion of their flood insurance claim denied in writing.

Schumer (D-N.Y.), Sen. Kirsten Gillibrand (D-N.Y.), Rep. Peter King (R-Seaford) and others have argued that the deadline doesn’t give Sandy victims enough time. They asked…

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Condé Nast Ends Its Internship Program

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.huffingtonpost.com

Condé Nast has decided to discontinue its internship program following a class-action lawsuit filed by two former interns saying that they were paid less than $1 dollar an hour, Women’s Wear Daily reported on Wednesday.

Condé Nast, which houses magazine powerhouses like Vanity Fair, GQ and Vogue, was sued in June by former W Magazine intern Lauren Ballinger and former New Yorker intern Matthew Leib, both who claimed their employers had violated federal labor laws.

Interns currently employed with Condé Nast will not be affected by the decision and are allowed to keep their internships until the previously determined date, Women’s Wear Daily also reported.

The decision for Condé Nast to end their internship program comes while the lawsuit against them is still pending. However, this is not the first case of media interns taking legal action against their employers. The same law firm handling the Condé Nast case is also representing an intern with Harper’s Bazaar who sued Hearst Corporation in 2012 for being made to work up to 55 hours per week with no pay. In June, intern Eric Glatt won his lawsuit against Fox Searchlight Pictures for using unpaid interns in the production of the 2010 film, “Black Swan.”

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BreathableBaby Recalls Wearable Blanket Due to Choking Hazard

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.prnewswire.com

 

BreathableSack wearable blanket for infants

WASHINGTON, Oct. 29, 2013 /PRNewswire-USNewswire/ — Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

(Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO)

Recall Summary

Name of Product:  BreathableSack wearable blanket for infants

Hazard: The zipper pull tabs and sliders can detach posing a choking hazard to infants.

Remedy:  Replace

Consumer Contact:  BreathableBaby toll-free at (877) 827-4442 from 9 a.m. to 4 p.m. CT Monday through Thursday or online at www.breathablebaby.com and click on Recall Information.

Photos are available at
http://www.cpsc.gov/en/Recalls/2014/BreathableBaby-Recalls-Wearable-Blanket

Recall Details

Units: About 15,000

Description:  The BreathableBaby BreathableSacks are sleeveless, wearable blankets. They come in two sizes: small (10-18 pounds) and medium (16-24 pounds) and come in three colors: kiwi Whoo, pink Hip, and blue Splash. There is one animal stitched on the left chest of each blanket of an owl, hippo or elephant. Only BreathableSacks from Lot No. 124 with a manufacture date of 04/17/2012 are included in the recall.  A tag sewn inside the recalled units where the infant’s right foot would be located states the “Date of Manufacture: 04/17/2012, Lot No. 124,” along with the washing instructions on the back of the tag.

Incidents/Injuries: None reported

Remedy:

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Workers at 9/11 site get workers’ compensation and disability extension

This alert comes to us from our friends at the New York State AFL-CIO.

The re-opener of workers’ compensation and disability retirement registry for workers at 9/11 Site (A7803A -Abbate / S5759A -Golden) has been signed into law and is Chapter 489 of the Laws of 2013.This bill reopens the registry for workers’ compensation and disability pension for those who were at or near the ground zero after the 9/11 terrorist attack. The new open period will extend through September 11, 2014. If eligible, workers who are on the registry will be presumed to have contracted certain illnesses that manifest themselves later in life as a result of their work at or near the site during that time period. The bill also addresses a shortfall in the law that prohibited vested members of a retirement system who worked at the site during the time in question but who subsequently left service, from being eligible for the registry.

The NYS AFL-CIO will continue to work with affiliates to spread the word and encourage any members or other workers who may be eligible for to register to do so prior to the new expiration date of September 14, 2014.

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“Lamestream Media” Enables Right-Wing Talking Points About Social Security Disability

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

     Just in time for a scheduled meeting of the Senate Committee on Governmental Affairs to discuss the status of the Social Security Disability program (SSDI) on October 7th, on Sunday, October 6, CBS’ popular “news” show, 60 Minutes, aired “Disability USA” – a sensationalized program full of misleading and largely anecdotal information designed to convince viewers the program is riddled with fraud and on the brink of collapse.  If you watched this program, and it is your sole source of information about Social Security Disability, you know essentially nothing about the actual operation of the program.  You heard not a single word from disability recipients, their advocates, or from officials who administer the program, none of whom were invited to participate in the 60 Minutes piece.

…the 60 Minutes segment focused on some fraud in the program in one impoverished area of the country in order to paint disability recipients generally as the undeserving poor, slackers and frauds.

     First, listening to the program you might not have understood that the average monthly benefit of about $1100 is not tax-payer money but earned credits for money paid into the system by the disabled worker.  Then, in terms of the “shocking” growth of the disability rolls you heard CBS’s Steve Kroft and Senator Tom Coburn, R-Oklahoma natter on about, you didn’t hear that the statistical growth of the program is a direct function of the increase in population over the past 30 years, the aging of the baby-boomer population into their higher disability years, the entry of women into the work force in greater numbers, and similar demographic factors.  Finally, you likely came away from the program thinking that qualifying for SSDI is a cakewalk, when the actual standards for disability result in denial of two-thirds of all applications, only 10% of those denials being reversed on appeal, and an overall figure of about 41% of applicants ultimately qualifying.

     Completely ignored in this puff-piece for the right wing (Coburn is the lead Republican on the Senate Subcommittee for Investigations and has a long-standing, well-documented hostility to Social Security) is the shifting of responsibility for disability from workers’ compensation systems, where it properly belongs, to the Social Security Disability program because of the rollbacks in coverage and benefits in states’ workers’ comp programs across the country, all driven by right-wing and corporate interests.  So, while SSDI faces potential exhaustion of its funds in the next few years (although this can be – and in the past has been – remedied by shifting funds from the Social Security old-age program), the liability insurance industry, which includes workers’ compensation carriers, is enjoying record profits over the last two years.

     Similarly unmentioned was the impact of the worst economy in decades, shrinking the ability of disabled workers to find less physically challenging work.

     As is typically the case with these types of “news” pieces, the 60 Minutes segment focused on some fraud in the program in one impoverished area of the country in order to paint disability recipients generally as the undeserving poor, slackers and frauds. CBS could have moderated the potential negative impact of its program by including interviews of SSA program officials or of spokespersons from some two dozen national disability advocacy organizations who asked to be heard on this show.  It shamefully chose to ignore all such requests, and has diminished itself accordingly as a news organization.

 

 

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The Wounded Warrior Program Expedites Social Security Disability Claims For Veterans

Veteran’s Day is a day that the American people have set aside to celebrate and honor all those who have served in the armed forces. Veteran’s Day – originally known as Armistice Day – has been celebrated in the United States since 1919. Armistice Day became a national holiday in 1938, and has been known as Veteran’s Day since 1954. It is celebrated on November 11th to commemorate the armistice that ended the fighting in World War One.

The Social Security Administration recognizes the sacrifices that the members of our armed forces make every day. With the Wounded Warrior Program, the Administration ensures that military members who were injured on active duty have their cases processed in an expedited manner. While the standard of disability remains the same for all claimants, individuals injured on active duty can obtain a decision faster.

Even if you are still on active duty and receiving full pay, you may be eligible for Social Security disability benefits. Social Security looks at the activities you are performing, not the pay you are receiving, to determine if you meet the standard of disability. These benefits are in addition to any benefits you may receive from the Veteran’s Administration – it is important for you to know that a separate application for each type of benefit is required.

If you have any questions about applying for Social Security disability benefits, even if you are still on active duty, please contact us today for a free case evaluation.

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Six Tips for Safe and Fair Holiday Employment

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

This time of year, many people get holiday jobs to earn extra money. That means some people will get injured at work and run into other difficulties working holiday jobs. Here are six tips on how to deal with the workplace challenges arising from holiday jobs. These tips for safe and fair employment apply just as well to any second job, not just a holiday job.

  1. Just because you have a “holiday job” doesn’t necessarily make you a seasonal employee: In some states, including my home state of Nebraska, employees can have their benefits reduced if they are a “seasonal employee.” However, even if you have a holiday job, your job may not be seasonal. In Nebraska, “seasonal employment” is defined as a job that is dependent on weather or can only be done during certain times of the year. For example, if you hurt your back working at an electronics store at your holiday job, that employment is not seasonal because you can work at an electronics or really most any retail store at any time of the year.
  2. You can’t be paid workers’ compensation for how your holiday or second job affects your regular job: If you are off work at your regular job because of an injury at your second job or holiday job, you are only paid income-replacement benefits for the income you lost at your holiday job or second job. For example in Nebraska, if you were hurt at your holiday/second job that pays $120 per week and you are unable to do your regular job that pays $600 per week, your only income benefit would be two-thirds of your second/holiday job, which would be $80. Employees should be extra cautious in second jobs or holiday jobs for just that reason. Employees should also consider applying for private disability plans if they plan on having a second job in order to account for the possibility of losing income due to an injury at their second job. In short, employees should do a thorough cost-benefit analysis before taking a holiday job or second job.
  3. Your permanent disability benefits could be better than your temporary benefits: In full-time employment, permanent and temporary disability benefits are generally fairly close. But with part-time employment, permanent disability benefits may be much higher than temporary benefits. In my state of Nebraska, temporary benefits are paid based on a typical work week. For example, if you are a part-timer working 12 hours a week at $10 per hour, your temporary disability pay would be $80 a week. However, in Nebraska and some other states, permanent disability is based on no less than a 40-hour week. So if you are a part-timer getting paid $10 per hour, your permanent disability rate would be $266.67 per month. This is good for employees, because serious injuries will usually have permanent effects that can permanently affect an employee’s ability to earn a living.If you are an injured part-time worker and your insurance company is trying to force you to take a settlement based on your part-time wage rate, you should consult with an attorney in your state.
  4. Your employer/insurer may be low-balling your wage rate: Say you get paid $8 an hour as a barista but you have an agreement to share tips, or you work in retail but you get store credit, or you teach exercise classes at a health club but you have an agreement that you get a free membership. In any of those scenarios, you could possibly use those benefits to increase your loss-of-income benefits.
  5. You are still protected by most fair-employment laws: Part-timers are still covered by most fair-employment laws. The most glaring exception is likely the Family and Medical Leave Act (FMLA), which provides 12 weeks of unpaid leave and job protection for employees with a serious health condition, to care for a close family member with a serious health condition, or take care of a close family member who is affected by a military deployment. FMLA requires 1,250 hours worked in the last calendar year and 1 year of employment. That 1,250 hours a year translates to roughly 24 hours a week. Many people working second jobs don’t meet the eligibility standards for FMLA.
  6. Independent contractor, independent conschmacktor: Many holiday employees do fairly low-wage work that doesn’t require any specialized training or education. If this describes your holiday job or second job, then you are an employee, despite the fact that your company may have classified you as an independent contractor. Since you are an employee, you should be covered by workers’ compensation law. If you are misclassified as an independent contractor, you should look for other employment and consider reporting your unscrupulous employer to the United States Department of Labor or to your state’s department of labor.

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What Is Chained CPI And Why Is It Bad For Elderly And Disabled People?

Chained CPI is back in the news.  What does this mean for the elderly and disabled who rely on Social Security benefits?  The short answer to this question is “nothing good.”  Before we discuss why chained CPI is such bad news, I should explain exactly what it is.

Chained CPI is a different way of calculating the amount of inflation that occurred in a given year, and the amount that Social Security benefits will increase in response to inflation.  Currently, the Social Security Administration uses the Consumer Price Index for urban wage earners and clerical workers (CPI-W).  Due to the way it is calculated, chained CPI measures inflation at a lower rate than CPI-W.  Chained CPI assumes that individuals have the ability to buy cheaper items in place of more expensive items – the classic example is buying pork instead of chicken or beef – in order to bring their expenses down.  According to the Congressional Budget Office (which provides nonpartisan analysis for Congress), chained CPI is likely to measure inflation as being 0.25 percentage points lower than CPI-W does.

A one-quarter of one percent decrease may not sound like much.  In fact, it would only result in the loss of a few dollars per month in benefits.  The problems with this approach really become apparent when you think about how your benefits will be affected several years down the road.  Due to the fact that you receive a smaller inflation adjustment each year, your benefits grow at a slower rate as the years go by.  Eventually, this one-quarter of one percent decrease will have a very large effect.

The average age of an individual receiving disability benefits is just over 53.  Most individuals who stop receiving Social Security disability benefits have their benefits stopped because they attain full retirement age and are no longer entitled to disability benefits.  Based on this, we know that many individuals receive disability benefits from Social Security for a long period of time – many years in most cases.  This means that the cumulative effect of the switch to chained CPI will hit the disabled hardest.

This decrease is an especially big problem when you realize how important Social Security benefits are to the disabled and retired.  According to the Administration, Social Security benefits provide 50% or more of household income for 53% of elderly married couples and 74% of unmarried individuals, and provide 90% or more of household income for 23% of elderly married couples and 46% of unmarried individuals.  71.7% of all disabled workers receive 50% or more of their household income from Social Security disability benefits.

Switching to chained CPI would result in a loss of benefits to the retired and disabled – those who are least able to afford such a loss.  There are news reports that a switch to chained CPI is being considered by lawmakers in Congress.  You should make sure that your elected representatives know that you do not support such a switch.  You can find contact information for your Congressional representatives at House.gov and Senate.gov.  Let them know that reducing future Social Security benefits for the elderly and disabled is unacceptable.

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