South Carolina Personal Injury Blog - disability

Veterans Possibly Exposed to Diseases, Including HIV Virus Which Could Lead to Malpractice and Disability

Will Parker — Wed, 08 Apr 2009 11:43:52 GMT

Our firm has begun representing veterans seeking disability benefits. Ordinarily, the cause of verteran's disability relates to injuries sustained while in active duty. A recent report revealed that negligence at VA treatment facilities may have exposed thousands of veterans to infectious diseases, including the HIV virus.

Bill Poovey of the Associated Press recently reported the Veterans Affairs Department has launched an investigation to determine whether there’s a link between a recent veteran-patient’s positive HIV test and unsterilized equipment that could have potentially exposed thousands of veterans to HIV and other infectious diseases.

This comes following a warning issued by the VA to patients who treated at three clinics that they be at risk. Earlier this year, the VA warned more than 10,000 veterans to get blood tests because they could have been exposed to contamination while receiving colonoscopies in Murfreesboro, Tennessee and Miami. At this point, less than a third, 3,174 to be exact, have been notified of their test results. The agency is also trying to locate patients whose warning letters were returned.

The VA previously reported the existence of Hepatitis in 16 veteran-patients, but stated there was no way at that time to prove the patients had contracted the illness as a result of treatment at VA facilities. Of the 16, eleven tested positive for hepatitis C, a potentially life-threatening disease and five veterans tested positive for Hepatitis B. In an e-mail late Friday, the agency said it was further investigating the possibility of such a relationship.

Accodrding to the AP article, the VA has yet to release where the patient who tested positive for HIV was treated, and the agency failed to return telephone and e-mail messages Monday.

All three sites used endoscopic equipment made by Olympus American Inc., which stated it is helping the VA address problems with “inadvertently neglecting to appropriately reprocess a specific auxiliary water tube.”

If you receive a notice or warning of potential exposure, please be sure to have bloodwork done. If you have been infected, contact an attorney immediately to give yourself the best chance for recovery.

Originally posted at InjuryBoard by Will Parker

Social Security Disability - The Basics

Will Parker — Fri, 13 Feb 2009 11:44:44 GMT

When dealing with Social Security Administration and the attempt to obtain your disability benefits, it is best to be represented by an attorney who devotes a large percentage of their practice to handling Social Security Disability claims. The rules and regulations surrounding social security are extensive and intricate, as with an federally funded assistance or entitlement program.

“Disability,” for Social Security purposes, is defined as:

“The inability to do any substantial gainful activity by reason of any medically determinable, physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months”.

To meet the definition you must have a severe impairment, which makes you unable to do your previous work or any other substantial, gainful activity, which exist in the national economy.

The term “substantial, gainful activity” is defined as work involving significant and productive physical or mental duties. The work needs to be done for pay or profit. If a claimant is able to engage in substantial gainful activity, then he will not be considered disabled. This is true regardless whatever physical or mental impairments he may have.

Some people are determined to be disabled and, therefore, entitled to disability benefits following their first application. However, do not be discouraged if you are turned down at the first determination. Statistically, approximately 95% of applicants are initially denied. From that point, there are several levels of appeals that include specific deadlines. Failing to appeal within the prescribed time can lead to your claim being dismissed.

The claimant is entitled to a Hearing before an Administrative Law Judge. While you do not have to have an attorney, I often have clients come to me who were told by the Administrative Law Judge that it would be in their best interest to hire an attorney. Attorneys can help ensure you obtain all your medical records, send out appropriate questionnaires to your doctors, and prepare you on what to expect at a Hearing. In addition, an attorney, in certain cases, can assist you in obtaining benefits much faster and, sometimes, without the need of a hearing.

So what do you have to pay an attorney for their services? The federal government has set forth the fees an attorney can claim. Attorneys are paid 25% of your past due benefits or $5,300.00, the lesser of the two. You are responsible for costs. In our firm, the only cost you are responsible are the cost of obtaining your medical records and, in some cases, mileage. We also set up payment plans to make it easier for claimants to repay costs.

Considering the importance of your disability claim, and the odds of success with and attorney versus without, I believe an attorney is essential and worth the fee. While I can not provide exact percentages, our rate of approval is fairly close to the rate of initial denials. So, while the odds are stacked against you on your own, the odds are stacked in your favor with the help of an attorney.

Originally posted at InjuryBoard by Will Parker

Social Security Disability... And Why You Need Me

Will Parker — Sun, 02 Nov 2008 10:31:00 GMT

I am an attorney who represents social security disability clamaints. Approximately half of our law firm's practice involves representing social security disability claimants. So why do you need me? Well, statistically, nearly 95% of applicants are initially denied. From that point, there are several levels of appeals that include specific deadlines. Failing to appeal within the precribed time can lead to your claim being dismissed.

Speaking of time...the average time to attain a hearing from your initial application is over three years in some areas. Keep in mind, you can't be gainfully employed and claim to be disabled at the same time. Attorneys, in some cases, can assist you in obtaining benefits much faster and without the need of a hearing.

If you are required to attend a hearing, an attorney can help you obtain all your medical records, send out appropriate questionaires to your doctors, and prep you on what to expect from the Administrative Law Judge.

So what do you have to pay me? The federal government has set sorth the fees an attorney can claim. Attorneys are paid 25% of your past due benefits or $5,300.00, the lesser of the two. In our firm, the only cost you are responsible for is the cost of obtaining your medical records and, possibly mileage.

Considering the importance of your disability claim, I believe an attorney is worth every penny. While I can't give exact percentages, our rate of approval is close to the rate of initial denials. So, while the odds are stacked against you on your own, the odds are stacked in your favor with the help of an attorney.

Originally posted at InjuryBoard by Will Parker

Social Security Five Year Plan

Amanda Wick — Wed, 15 Oct 2008 14:17:44 GMT

Just last month, the Commissioner of Social Security, Michael J. Astrue, released the agency’s new Strategic Plan.

This new plan lays out four specific goals the agency hopes to meet over the next few years. These goals include: eliminating the hearings backlog and preventing its recurrence, improving the speed and quality of the disability process, improving retiree and other core services, and preserving the public’s trust in our programs.

While the agency hopes to make speedy improvements in theses areas, each of these goals also includes long-term objectives to ensure its success over time.

The SSA has also made filing for Social Security easier for people with internet access. At the SSA website, www.ssa.gov, individuals fling for SSDI only can file their claim online.

The Social Security Administration has also included a “benefits estimator calculator” on their website that allows individuals to determine approximate SSDI earnings based on previous work history. The tool is designed to help people plan for retirement.

Despite these internet conveniences and goals to make filing for Social Security, most people are denied after their first application. This frustration leaves some people asking:

Do I need an attorney? Research shows that hiring an attorney is more effective than trying to file for Social Security alone.

Although Social Security Administration pays 60 million people a total of 650 billion dollars a year, some people are unable to get the benefits they deserve. In addition, once denied, it can take up to two years to get a hearing to appeal your case. The disability claims process can be complicated and difficult to navigate. Given that most attorneys will give you a free consultation to review your case, consider hiring an attorney to help you file your claim or handle your appeal.

Originally posted at InjuryBoard by Amanda Wick

Attempting to collect... Social Security Fraud!

Will Parker — Mon, 29 Sep 2008 17:12:31 GMT

Imagine truly being disabled within the meaning of the law. You attempt to collect payments from social security and, as happens over 90% of the time, on your first attempt you are denied. Now imagine a company wrongfully files disability claims simply to earn a profit with no intentions of issuing the money to the disabled. This is exactly what was found to have happened after allegations were filed against the Unum, an insurance carrier, claiming it required claimants to file first for Social Security disability insurance benefits even when they didn't qualify. If they didn't apply to Social Security, Unum would then be entitled to cut their benefits.

After the news broke, the legal system became involved. A trial is now under way in federal court on allegations that Unum Group devised a scheme to illegally deny or terminate long-term disability claims. The suit was filed in 2003 under the Federal False Claims Act.

The Complaint alleges Unum provided financial incentives to in-house physicians who would rubber-stamp decisions, and authorized senior in-house doctors to change the written reports to justify a claim denial or termination.

Being an attorney in a firm practicing Social Security, I have seen many disabled individuals and I truly sympathize with their plight. If true, the allegations against Unum make me sick to stomach and you should feel the same way.

Originally posted at InjuryBoard by Will Parker

Social Security Administration Must Hire More Judges

Shannon Weidemann — Wed, 02 May 2007 16:52:38 GMT

Social Security Disability appeals have created such a backlog that more administrative law judges must be hired according to a House subcommittee. There are over 730,000 disability appeals waiting for a ruling. The cases are to decide whether or not someone qualifies for Social Security disability benefits.

Social Security Commissioner Michael J. Astrue and Linda M . Springer, director of the Office of Personnel Management, told the House subcommittee yesterday that efforts are underway to increase the number of judges and to create new procedures for hiring the judges.
The agency sets the qualifications for the job, rates the applicants and places those who qualify on a hiring roster. Springer said a new roster would be ready by late October.

New procedures are being pushed for in order to hire more administrative law judges and get through the case backlog quickly. The OPM was sued eight years ago over their hiring procedures and that slowed hiring down for some time.

Originally posted at InjuryBoard by Shannon Weidemann

Consumer Advocacy Org. calls on Congress to Eliminate 2-year Waiting Period for Disability Insurance

Christina Cole — Mon, 23 Apr 2007 15:59:58 GMT

After retiring on social security disability and waiting two years to become eligible for Medicare, Pamela, had spent nearly $50,000 on health insurance premiums. Even then, the woman's insurance didn't cover the specialists and physical therapists she believes could have helped slow the progression of her illness.

This is just one of the many people that have stories such as this one. The consumer advocacy organization calls on Congress to help eliminate the two-year waiting period without insurance, said the president of the Medicare Right Center.

Approximately 600,000 disabled people are in need of health care and spend at least part of the waiting period without health insurance. Nearly 6.5 million disabled Americans are on Medicare, including over $259,000 in Ohio and 249,000 in Michigan shows the latest government statistics show.

People that suffer from kidney disease, amvvotropic scloerosis and Lou Gehrig's disease are exempt from the two year wait.

The waiting period was put in place to help keep costs down, ensure that people had long term disabilities and verify they could not qualify for other coverage. It could cost an estimated $8.7 billion a year to provide instant Medicare benefits tot hose certified as disabled by the Social Security Administration, according to the Medicare Rights Center. That would be partially offset by $4.3 billion in reduced spending.

Originally posted at InjuryBoard by Christina Cole

Social Security Awarded After 5 Years of Waiting

Christina Cole — Sat, 31 Mar 2007 20:48:08 GMT

A sickly Charlotte, North Carolina, woman whose case is just one example of the years long worth of delays within the Social Security disability program, will finally receive her benefits any day now.

An administrative law judge recently awarded the woman her monthly social security disability payments, which should typically be approximately $947, nearly five years after she first applied to the disability program.

The decision was reached a month after the Observer first featured her in an article regarding the backlogging of disability cases.

Originally posted at InjuryBoard by Christina Cole