Media Portrays Social Security as an Avenue to Benefits for the Unemployed – WRONG! It’s Not That Simple…

Today’s post comes from guest author Susan C. Andrews, from Causey Law Firm.

     There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. So I work with the program’s rules – yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis. Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security. There must be convincing medical documentation. Much of my day is spent obtaining and reviewing the medical records of my clients, and ensuring that the decision-makers at Social Security also see them.

…the medical condition must be not only serious, but also prolonged.

     Many people are not familiar with Social Security’s definition of disability or the program’s rules, so they do not realize that the disabling medical condition or conditions must be serious enough to have prevented the person from working for AT LEAST 12 continuous months. If the individual has not yet been out of the labor market for a period of at least one year, it must be very clear that this will be the case. In situations where there is doubt about this, Social Security typically turns down the claim. I have had callers who have been unable to work for a few months while going through chemotherapy treatment for cancer, but have been able to get back to work in less than one year. They do not qualify for Social Security Disability benefits. So the medical condition must be not only serious, but also prolonged.

     One broadly held belief about Social Security Disability is, in fact, true: The Social Security Administration turns down many worthy applicants when they first apply. It is necessary to appeal (the first appeal is called a Request for Reconsideration). Often, a second denial follows. Then it is necessary to request a hearing in front of a judge. For a person who is too sick to work, not feeling well, and home alone trying to navigate this system, it can be daunting. One of the joys of my practice is our capacity to lend support to such individuals, to take the reins of the case and drive it forward, so my client can concentrate on taking care of herself or himself while I and my staff handle the legal stuff.

     We are able to offer representation to people at any stage in the process, including initial application. We are happy to talk with callers who are weighing their options, and simply need information in order to know whether to apply for benefits in the first place. There is no charge for such calls, so do not hesitate to contact us if you have questions about Social Security Disability.

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Madison Square Garden Intern Lawsuit Could Create Disastrous Precedent For Workers

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

The World’s Most Famous Arena, Madison Square Garden (MSG), has become the latest company to be targeted in a class action by former interns claiming they were wrongly classified to avoid being paid.

The lawsuit, which is estimated to include a class of more than 500 individuals, claims that MSG used titles such as “intern” or “student associate” when hiring college students to do work which would otherwise qualify them as employees. Interns were asked to work as many as five days a week, where they helped support MSG ticket and sponsorship sales, administrative projects and logistics pertaining to the organization of sports and entertainment events at the arena. The suit is seeking damages to cover unpaid wages for misclassified workers stemming back to 2007.

According to the complaint, “Defendants did not provide any compensation to… members of the putative class for the hours worked… [and] would have hired additional employees or required existing staff to work additional hours had… members of the putative class not performed work for the defendants.”

The MSG lawsuit comes on the heels of several suits being brought against major entertainment, fashion and media companies for similar unfair labor practices concerning the hiring of interns. Among those entities being sued include Gawker Media LLC,  Columbia Recordings Corp, and NBCUniversal and its famous Saturday Night Live program. Former…

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Falling mannequin severely injured Somerville woman at Bridgewater mall, lawsuit says

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

A Somerville woman alleges that she was severely injured when a mannequin fell on her in December 2011 at the Bloomingdale’s store in the Bridgewater Commons mall. The file photo above shows a mannequin inside a store at a mall in Queens, N.Y.Victor J. Blue/Bloomberg 

BRIDGEWATER — A Somerville woman claims in a lawsuit that she was injured when a mannequin fell on her in the Bloomingdale’s at Bridgewater Commons mall.

Maria Hupalo and her husband, Roman, are suing Bloomingdale’s Inc. and its parent company, Macy’s Corporate Services Inc., for negligence in allegedly causing the Dec. 9, 2011, incident, according to the lawsuit filed last week in Superior Court.

Hupalo alleges she suffered “traumatic injuries” when the mannequin fell on her, the lawsuit states.

Due to the defendants’ negligence, Hupalo sustained “severe, painful, and permanent injuries that required medical care and incurred substantial expenses for doctors bills, medications, and the like in an effort to effect a cure and remedy for her condition,” the lawsuit states.

The couple claims the defendants “were careless, reckless and negligent in their construction, design and maintenance of the Premises,” the lawsuit states.

Macy’s spokesperson Elina Kazan said it is corporate policy to not comment on pending litigation.

The complaint represents at least the second lawsuit filed recently in regard to an alleged injury in a Macy’s-owned…

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Senior Care Workers Are Victims of Wage Violations

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

I found a recent story from California very troubling. The nation’s largest assisted living company agreed to pay $2.2 million to settle claims for underpayment and mistreatment of the workers who take care of the elderly. Lack of proper overtime pay, lack of mandatory meal and rest periods, and improper payment of mandatory training are examples of the mistreatment.

The victims were the least-paid workers who did the hardest physical labor, according to the story. These people who bathed, fed, and provided the most hands-on care for our frail, elderly loved ones were denied wages and overtime pay for 7 years, according to the terms of the settlement.

Care for the old, frail and disabled is big business. Nearly 750,000 people are receiving assisted living care, according to the ProPublica article. And the industry is just going to expand, as folks are sicker but have higher expectations for care, while also living longer, according to this article from NPR.

Fair treatment of our elders’ caregivers is essential. The wages are low, as most difficult jobs often are. Violating employment rules and statutes for businesses to save money and make larger profits seems particularly offensive for these workers. And they are not often protected from or informed of the hazards of their jobs, many of which can have serious consequences for workers’ health and well being, according to these blog posts from respected colleague Jon Gelman, an attorney in New Jersey: Protecting Healthcare Workers is a Goal of NIOSH and NIOSH Acts To Prevent Lifting Injuries For Home Healthcare Workers.

Congratulations to the workers and their representative who stood up to this very large employer that has around 500 facilities in the United States. It takes courage and tenacity to fight battles like this.

All of us who care about workers need to be aware that these are battle worth fighting. And that these battles can be won.

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Feds add prostate cancer to list of 9/11 health-related conditions

Today’s post was reported by the New York Daily News. We are commited to bringing you up-to-date news on the Zadroga Bill and how those injured as a result of the September 11th attacks can find help.

Prostate cancer has been added to the list of World Trade Center-related health conditions.

The federal Department of Health and Human Services added the cancer to its register Thursday after being petitioned by the Patrolmen’s Benevolent Association, the city police officers union.

The union cited a scientific study that found a 17% greater than expected rate of prostate cancer among first responders.

The addition will cost the WTC Health Program an estimated $3 million to $6 million a year.

“It’s a minor victory for the 9/11 community and a huge victory for those with prostate cancer,” said John Feal, who advocated for the Zadroga 9/11 health bill, named for NYPD officer James Zadroga, who died of respiratory problems following his rescue efforts at Ground Zero. Corinne Lestch

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Mets’ Harvey Is Covered Like Any Other Employee With a Workplace Injury

For all of the Mets fans out there, we wanted to share this interesting development, originally reported by The New York Times. 

If Mets pitcher Matt Harvey has Tommy John surgery on his right elbow, it will be paid for, partly, with workers’ compensation insurance. A partly torn ulnar collateral ligament like Harvey’s is considered a workplace injury, just as if he were a truck driver hurt on a loading dock.

The basic agreement between major league owners and players requires that teams pay the cost of injuries.

“The employer gets to recover, as an offset, any workers’ compensation recovery that is available,” said Rob Manfred, an executive vice president of Major League Baseball. “And the club is on the hook for what workers’ compensation doesn’t pay.”

At some point after an operation or procedure, a player signs a form that allows his team to pursue the insurance claim. So if workers’ compensation did not pay the full cost of Derek Jeter’s surgery for a fractured left ankle last year, the Yankees made up the difference — essentially the cost of doing business.

“The player never sees a bill,” Manfred said.

Another factor is that the cost of Tommy John surgery is not uniform. Dr. James Andrews, the renowned orthopedic surgeon, might charge more than the Hospital for Special Surgery, where the Mets’ medical director, David Altchek, is an orthopedic surgeon. (Andrews prescribed a six- to eight-week rehabilitation program for Harvey earlier this week that would precede any decision to operate.)

Altchek…

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Careful What You Wish For: Denying Worker’s Compensation for Undocumented Workers

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.

Immigration reform is a continual and vexing issue in Washington. While politicians, lobbyists, and service organizations grapple with potential resolutions, there is no disputing the existence of illegal immigrants working for employers in our country. And when there are employees working, work injuries happen.  This may be especially true with the undocumented population who may be more susceptible to significant injuries because many perform more dangerous or hazardous jobs that other may not accept. For further information, see Do Immigrants Work in Riskier Jobs? and the CDC’s report on work-related injury deaths among Hispanics.

…excluding illegal immigrants from worker’s compensation coverage could create a financial incentive for employers to keep hiring illegal immigrants.

When injured, are these undocumented workers eligible for worker’s compensation? Some harshly argue that these workers should receive no benefits, as they are not working legally in the country. However, one of the underlying pillars of worker’s compensation is that the expense of workplace injuries (covered by insurance) should be placed on the employers who profit from the workers’ labors. Additionally, excluding illegal immigrants from worker’s compensation coverage could create a financial incentive for employers to keep hiring illegal immigrants—a practice that is against federal law.

The worker’s compensation laws in our country do not have a definitive answer to this question—though the trend is toward coverage of undocumented workers. Many states do Continue reading →

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Depositions: When the truth is “I don’t know”

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

“Tell the truth” is some good advice we’ve all heard and hopefully listened to once in a while. However, when it comes to having your deposition taken, this advice can take on a slightly different meaning. Our experienced attorneys guide hundreds of clients through depositions each year, so we often see this challenge.

It is human nature to seek answers to our questions. But sometimes in our quest for satisfaction, we have a hard time resisting the urge to make a leap or two, or start to speculate, or make assumptions about potential solutions. This is particularly true when we are faced with a formal line of questions such as those asked in a deposition. We feel guilty and lacking somehow if we don’t know the answer to a question, or we can’t remember a name or date or what happened between the blow to the head and waking up in the hospital. … It gives us a good feeling inside and relieves a little pressure to at least try to put the puzzle pieces together for the person asking the question. We’re nervous, and it just goes against our helpful natures to simply say “I don’t know.”

Sometimes, though, this very human trait can lead to problems for a case. At some point in the midst of these leaps in logic and speculation on answers to questions, our answer can transform into something that is no longer the truth. While speculating or thinking out loud isn’t lying, when you get down to it, it isn’t really telling the truth either. Sometimes the absolute, 100% honest-to-goodness truth is simply, “I don’t know” or “I don’t remember,” and that is a perfectly okay answer to give. When your words have the power to potentially damage your case, it is important to choose them wisely, and remember you do not need to give in to the pressure of making assumptions or jumping to conclusions to come up with a satisfactory answer. Just tell the truth.

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