Alabama Personal Injury Blog - benefits

Social Security Disability Fraud: It Affects Legitimate Claims

Stuart McAtee — Thu, 25 Jun 2009 08:00:00 GMT

According to an Associated Press release, a Nevada boxing judge has been indicted in Las Vegas on a federal charge that he improperly collected about $250,000 in Social Security disability benefits.

U.S. Attorney Gregory Brower said in a recent statement that 65-year-old Paul G. Smith worked more than 100 boxing matches from September 1994 and December 2005 and was involved in several other businesses inconsistent with his disability status.

A federal grand jury handed up a one-count indictment in May charging Smith with Social Security fraud.

Brower says Smith received a summons to appear for arraignment June 12 in U.S. District Court in Las Vegas. He faces up to five years in prison and a $250,000 fine if convicted.

Social Security Fraud affects us all.

Originally posted at InjuryBoard by Stuart McAtee

I'm Receiving Social Security Benefits but It's Still Not Enough

Stuart McAtee — Thu, 21 May 2009 08:00:00 GMT

Most disabled Americans do not have the ability to maintain their same standard of living they lived in prior to becoming disabled. This is due to lack of income, never ending medical bills, and prescription costs. A valid question often asked is if a person receives SSI(Supplemental Security Income), can they qualify for other types of assistance? The answer is probably yes. In most states, SSI recipients also get Meidcaid. While most people are familiar with Medicaid, not everyone understands if they qualify or not, therefore, if you are not receiving it, you should contact your local medical assistance office to find out whether you qualify. Help with household items such as food stamps for food may also be available to SSI recipients. Moreover, you should check with your state, city, or county to determine other programs which may give you assistance. Check on line to determine what you may qualify for at socialsecurity.gov/pubs/10100.html

Originally posted at InjuryBoard by Stuart McAtee

Quick Disability Determination helps, but is it enough?

Stuart McAtee — Thu, 23 Apr 2009 08:00:00 GMT

Recently, I have blogged about the lengthy time the Social Security Administration(SSA) takes to determine whether a person is disabled, and the appeal protocol. It can be a process that's frustrating for the disabled person and their family. In an attempt to expedite the process, Michael J. Astrue, Commissioner of Social Security, announced recently that improvements to the agency’s computer modeling system have increased the number of claimants receiving expedited approvals for disability benefits. Social Security’s two-track system -- the Quick Disability Determination (QDD) process and Compassionate Allowances -- is now fast-tracking about 4 percent of all disability cases, a sharp increase from the 2.7 percent of cases fast-tracked last year. However, this still leaves the vast majority of claims without the benefit of QDD.

"In practical terms, this means that this year 100,000 to 125,000 disabled Americans -- those with the most severe disabilities -- will be approved for benefits in about 10 days instead of waiting the three to four months it typically takes for an initial decision," Commissioner Astrue said. "These initiatives are truly a lifeline for those who need it most." If the initial decsion is that the person does not qualify for SSD benefits, then an appeal can be made at which point it is highly advisable to hire an attorney. It must be noted there is an extremely high percentage of cases where the person is rejected by the SSA for disability benefits.

Hopefully, the new Administration will realize the need for SSD claims to be heard in a more timely basis, approve more Adminstrative Law Judges to hear the appeals, and help disabled Americans quickly and efficiently. If you are appealing a decision where the SSA has denied your benefits, please contact our firm.

Originally posted at InjuryBoard by Stuart McAtee

Social Security Administration and the Nationwide Health Information Network(NHIN)

Stuart McAtee — Mon, 13 Apr 2009 13:09:01 GMT

As with any governmental agency, claims involving Social Security Disability can be time consuming and frustrating due to gathering pertinent documents upon which the government will make a decision. Part of the process is gathering an applicants medical records. The gathering of medical records from different medical providers can cause time delays in the Social Security Administration(SSA) decision whether to approve an application for SSD benefits.

Recently, the SSA announced that it would be the first government agency to use the Nationwide Health Information Network (NHIN). Read about it at http://www.socialsecurity.gov/pressoffice/pr/nhin-pr.htm. The quicker the SSA can access the records, the quicker a decision can be made about an application. NHIN should allow almost instantaneous access to an applicant's medical records.

Let's hope instant access to an applicant's medical records will decrease the wait time for the SSA to make a decision for those in need. Moreover, NHIN should be more cost efficient than traditional methods of gathering medical records.

If you or a loved one needs assistance with an SSD claim, please contact our firm.

Originally posted at InjuryBoard by Stuart McAtee

Can your family qualify for benefits if you are approved for Social Security Disability?

Stuart McAtee — Thu, 09 Apr 2009 14:40:26 GMT

If you are approved for Social Security Disability, certain members of your family may qualify for benefits based on your work. They include:

Your spouse, if he or she is 62 or older;
Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)

To learn more about your Social Security questions, please contact our firm.

Originally posted at InjuryBoard by Stuart McAtee

Southern Governors: Ignoring The Unemployed At The Worst Time?

Pete Mackey — Fri, 03 Apr 2009 05:34:21 GMT

Alabama Governor Bob Riley joins several other southern republican governors who claim they intend to refuse that part of the stimulus package which would provide additional unemployment benefits for Alabama citizens. If Riley follows through in his threat, the state will lose out $100,000,000 in funds. Governor Riley claims that he is refusing that money because it would require changes in Alabama’s unemployment laws.

The biggest complaint seems to be that these changes would include using a different measuring period for calculating benefits – the “alternate base period.” As the law presently stands, the State does not count an unemployment applicant’s last two quarters of work in determining benefits. This goes back to the days when all of these calculations were done by hand and the information was not available. With the advancement of technology, that is no longer the case. It certainly seems unfair an unemployed person that if they have found a better job in the last 6 months, it does not count. At least 19 states have figured this out and remedied the situation.

In addition, Governor Riley says that Alabama can’t afford to provide unemployment for part-time employees who have lost work and employees who have left work because of domestic violence, family illnesses or arm services relocation. Some people disagree. Stephen Stetson, a policy analyst for Alabama Arise, the only lobbying group in Alabama that caters to the downtrodden, is one of them:

This doomsaying contradicts the governor's public comments about Alabama's low unemployment rate relative to the national rate. If our unemployment rates are low, the cost of unemployment payments will be low.

Further, the economy will eventually swing upward again. When that happens, not only will there be fewer unemployment payments, but we'll be able to afford them because there'll be more money in the pot.

He continues:

Further, unemployment insurance funds are a quick way to boost the state's economy. For every $1 paid in jobless benefits, the economy grows by $2.15. And if it does turn out that the end of the stimulus money will hurt the state's pocketbook in a few years, we can always change the law back.

Taking the money is a win-win — one of the rare political opportunities with no real downside. Any hypothetical fiscal harm can easily be headed off before it occurs.

According to the National Employment Law Project, the federal money will fully fund the legislative changes for over five years. Concerns that small businesses may have to pay higher unemployment insurance costs are unfounded, at least for that long.

Given the dire straits the economic meltdown has put good, hard working people in, turning down the money is just not right. If you agree with me, let them hear you in Montgomery. If you disagree, can you think of a way that both viewpoints can be satisfied?

Originally posted at InjuryBoard by Pete Mackey

Insurance Companies Pad Profits

Eric Artrip — Fri, 25 Jul 2008 15:41:22 GMT

A new study on the "Ten Worst" insurance companies confirms what we in the legal business have long known: Insurance companies put profits ahead of those that are injured and even above their own customers. As an attorney, I've seen firsthand how insurance companies conduct themselves in order to pad their profits.

Take, for instance, a woman I am representing. On the day she and her husband applied for life insurance, they bought a temporary policy that would cover them from "day one." However, when her husband died suddenly of a heart attack, the insurance company denied the claim and claimed the check for payment was never cashed.

When I showed them a copy of the canceled check, they changed the reason for the denial. Right now, we're on their fourth reason with no end in sight.

Too often, insurance companies and millionaire CEOs put profits ahead of the health and safety of the public and their customers. When they do, the only place to get justice or hold wrongdoers accountable is in our courts.

For this reason, it's not surprising that insurance companies have spent years and millions of dollars trying to convince Alabamians that the civil justice system is "broken." It's about time they are held accountable. The only thing "broken" are their promises.

Originally posted at InjuryBoard by Eric Artrip

Wrecks Caused by Drivers Without Insurance

Tara Helms — Sun, 08 Jun 2008 13:37:00 GMT

What would happen if you or your family were seriously injured in a car accident by a driver with no insurance? You might be surprised to learn that your own insurance policy could be used to help pay for medical bills and lost time from work. There are more than 100,000 car wrecks in Alabama every year. Many of these wrecks result in injuries.

Often times, the person at fault did not have any car insurance. But this may not mean that there is no way to make a claim for your injuries and property damage in these cases. The state of Alabama requires that automobile insurance companies provide uninsured/underinsured motorist (“UM/UIM”) coverage unless it is specifically rejected in writing. In other words, if you have full coverage, you also have uninsured/underinsured motorist coverage, unless you signed a document telling your insurance company that you did not want UM/UIM coverage. Therefore, many folks who are injured in accidents can still make a claim for reimbursement for medical bills, lost wages, and property damage, even if they were not aware that those benefits were available to them. Your declarations page of your insurance policy will tell you the type of coverage you have and how much money may be available to reimburse you for your losses. It is also important to pay attention to the number of vehicles listed on the policy as this can increase the amount of coverage benefits available to you; this is known as stacking of benefits.

You must notify your insurance company if you have been involved in a wreck. Be careful however. Just because the policy of UM/UIM is with your own company and you were not at fault, does not mean that your company will automatically pay benefits. You must still prove that you were not at fault for the wreck. You must also prove the extent of your injuries and that the injuries were actually caused by the wreck before you can claim benefits. Therefore, be thoughtful and careful in answering your insurance company’s questions. Don’t let anyone put words in your mouth to improperly suggest that you might have been speeding at the time of the wreck if you were not. Also, be careful when answering questions about any pre-existing medical conditions you may have. Even your own insurance company may use this type of information to deny your claim.

Originally posted at InjuryBoard by Tara Helms