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Substantial Gainful Activity and Trial Work period

Posted by: In: Social Security, ssdi 08 Aug 2016 Comments: 0

I was recently asked about the rules regarding work for people on Social Security Disability. If you are on SSD, you can earn up to $810, gross, per month, and not affect your benefits. You can make more than $810 per month, for a period of 9 total months in a 5 year window, without affecting your benefits. The 9 months need not be in a row, just 9 months in the 5 year period. This is called a “Trial Work Period.”

Once you have used up the 9 month trial work period, SSA will look to your earnings to see if you have been doing “substantial gainful activity” or SGA. For 2016, SGA means gross earnings over $1,130 or more per month. If you make $1,130 or more, your benefits will stop.

Workers’ Compensation Doctors: Need To Know Facts

Posted by: In: Workers Compensation 30 Jun 2016 Comments: 0

workers compensation doctors info from mcv law near syracuse ny

What are Workers’ Compensation Doctors?

Workers’ compensation doctors are medical providers who provide medical care and treatment for recipients of NY Workers’ Compensation benefits. This includes doctors, chiropractors, physical therapists, physicians’ assistants, nurse practitioners, nurses and other associated medical professionals.

Workers’ Compensation Doctors Role In Your Case

Workers’ compensation doctors are important to your workers’ compensation case. In addition to providing treatment for your injuries, workers’ compensation doctors assist in your return to work. Through medical reports and documenting your medical history and progress related to your workers’ compensation injuries, workers’ compensation doctors provide important evidence for your case.

When to See Workers’ Compensation Doctors

You should seek treatment from workers’ compensation doctors immediately after a work related injury or medical condition is recognized. Having a complete history of your work related medical condition will provide important evidence to your workers’ compensation case. Identifying a work related injury as soon as it happens and seeking medical treatment for this injury is important because it documents the progress of your health as it relates to your workers’ compensation claim.

If you believe you may have an injury or medical condition that relates to your work, you should talk to a workers’ compensation doctor as soon as possible, as they can evaluate if your condition was caused by your job. If you may have developed an occupational disease or illness, tell your doctor about the substances or chemicals that you work with. If you’re not sure about the specifics of the chemicals or substances you work with, you may be able to get this information from a Material Safety Data Sheet (MSDS) that relates to the specific substances that are involved in your job.

Often, people don’t know they have a workers’ compensation claim until their doctor notices a condition is related to a patient’s occupation. For example, you may notice hand pain that keeps you up at night, but your doctor may be the one who identifies this as Carpal Tunnel Syndrome that develops from your job as a secretary.

Workers’ Compensation Doctors & Pre-Existing Conditions

You should inform your doctor of any pre-existing conditions or history of injuries. Even if you’ve had a similar injury in the past, it’s very important to be honest with your doctor about your medical history. Your work related injury could have resulted in a permanent impairment that was not caused from prior injuries. If you don’t tell your workers’ compensation doctors about your past similar injuries, this can lead to greater problems later on in your case, such as allegations of fraudulent conduct. It’s important to be consistent, accurate and thorough with your documentation of prior injuries throughout your workers’ compensation claim, especially on forms, such as the C-3 Employee Claim form.

Choosing Your Workers’ Compensation Doctors

You have the right to choose your own workers’ compensation doctors, provided these workers’ compensation doctors are authorized by the New York State Workers’ Compensation Board.

Who Are Authorized Workers’ Compensation Doctors?

A list of authorized medical providers is available at the New York State Workers’ Compensation Board website.

What’s Expected of Your Workers’ Compensation Doctors?

Workers’ compensation doctors are required to report their findings through the use of New York Workers’ Compensation Board prescribed forms. Additionally, workers’ compensation doctors must comply with Medical Treatment Guidelines, such as pursuing variances and approvals when needed.

Covered Costs For Seeing Workers’ Compensation Doctors

Workers’ compensation can cover the cost of your work related injury’s prescriptions, medical supplies (like crutches or bandages), mileage to and from workers’ compensation doctor appointments and parking costs related to seeing your workers’ compensation doctors.

Workers’ compensation benefits also covers medical care that’s both causally and consequentially related to your work related injury. For example, if you’ve injured your knee in a fall at work, then injured your hand while rehabbing your work related knee injury, workers’ compensation can cover the related medical expenses for treating both your original knee injury as well as the subsequent hand injury.

Get Copies of Your Medical Reports From Your Workers’ Compensation Doctors

Your medical reports are a central part of your workers’ compensation claim. Because of this, you should get copies of your medical reports from your workers’ compensation doctors prior to filing your claim. This helps your case by providing medical evidence of your work related medical condition.

Workers’ Compensation Doctors & Independent Medical Exams (IME)

The insurance carrier involved in your workers’ compensation claim may have your work related injuries looked at by an Independent Medical Examiner (IME). Independent Medical Examiners are used to verify that your injuries or medical condition are caused by your job. Because of this, it’s very important to provide an IME with a comprehensive history of how your work related injury occurred and the results of that injury. The information you provide in the IME should be consistent with the information in your medical history. If this information has changed, it’s important to your case that you explain to the IME why this information has changed.

Have Questions? Get A Free Initial Consultation

Workers’ compensation is complex. Knowing how to navigate requirements related to workers’ compensation doctors is very important to the success of your workers’ compensation claim.

For over 30 years, MCV Law’s workers’ compensation lawyers near Syracuse, NY have guided injured workers through the NY workers’ compensation process, making the process less confusing and stressful for our satisfied clients.

For a free initial consultation with our workers’ compensation lawyers, contact us.

2016 Social Security Annual Report Released

Posted by: In: Social Security 22 Jun 2016 Comments: 0

The Social Security Board of Trustees just released a very important annual report regarding the short and long term future of Social Security.

Read the Social Security Administration’s blog post about the report here.

What You Can Do to Help Your Social Security Disability Claim

Posted by: In: Social Security, ssdi 10 Jun 2016 Comments: 0

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Social Security issued a new rule in March that steers Judges from specifically assessing your “credibility” per se. SSA is supposed to look at your statements and how they relate to what your doctors or other providers say about your symptoms and complaints, and whether your symptoms are consistent with the objective medical evidence in your records.

It is important not to exaggerate your symptoms. Discuss your symptoms with your doctors. If they ask how you are doing, describe for them how you are doing, don’t just say “I am doing ok.” Be honest about your symptoms and limitations, and be consistent with what you tell your doctors at each visit, and what you report to Social Security. Don’t report how you are doing or what your activity level is on your best day, as that may not be an accurate assessment of how you usually feel.

It is also important to have ongoing treatment by doctors. If you don’t treat, it may be perceived that your condition must not be that bad. You also need to comply with your doctors recommendations for treatment or medications.

Sometimes it is important to be evaluated by a specialist. With many conditions, treatment with your family doctor will not be sufficient. A perfect example is Fibromyalgia, you must be diagnosed by a Rheumatologist.

For a free initial consultation, contact us.

social security disability attorneys near syracuse ny at mcv law

Do You Really Need A Will?

Posted by: In: Uncategorized 20 May 2016 Comments: 0

do i need a will by mcv law near syracuse ny

No matter how much money you have, a will guarantees that whatever property, personal belongings and assets you have will go to family members or beneficiaries you choose. If you have children, a will is necessary, as it will ensure that you get to choose your children’s guardian.

Do I Need an Attorney to Make a Will?

No, you do not need an attorney to make a will, provided your document complies with all the statutory requirements. In our opinion, you should have an attorney prepare your will to make sure that your will is valid. Form wills from internet companies do not come with legal or tax planning advice specific for your needs, and that form company will not be there to testify on your behalf if that will is contested in court.

Without a will, your assets are distributed in accordance with the law of the state where you reside. Likewise, if your will is declared invalid, New York’s courts will distribute your estate in accordance with New York’s Intestacy Law, which distributes estates as follows:

  • If you are survived by a spouse and children, your spouse will take the first $50,000 and one-half of the rest of your estate, and your children would share the rest.
  • If your spouse dies before you, your children will share equally in your estate.
  • If you have a child that died before you, that child’s children will share equally in that child’s share.
  • If you are not survived by wife or children, your estate would go to your parents, uncles/aunts and cousins.
  • If the court will not be able to find any of your relatives beyond a certain degree, the state will take over your property.

In your will, you also appoint an executor to take care of your affairs and distribute your estate. You would choose someone you trust to carry out your wishes. Without a will, your family might disagree with whom the court appoints as an administrator, which may result in probate litigation.

Contact us for a free initial consultation.

Social Security Beneficiaries May Be Eligible for Student Loan Relief, but Subject to Income Tax

Posted by: In: Social Security, ssdi 11 May 2016 Comments: 0

On April 16, 2016, the U.S. Department of Education announced a new process to proactively identify and assist some disabled federal student loan borrowers who may be eligible for Total and Permanent (TPD) loan discharge. Eligible borrowers will receive a letter explaining they are eligible for loan forgiveness and steps they need to take to receive a discharge.

The Treasury Offset Program (TOP), allows borrowers’ defaulted debts owed to federal and state governments, including student loan debt, to be paid down by offsetting other federal benefits that the debtor would receive, including Social Security Disability payments.

The Higher Education Act allows for loan forgiveness for borrowers who are totally and permanently disabled. To be found permanently and totally disabled, borrowers must be designated by Social Security as “Medical Improvement not Expected” (MINE). The MINE designation means that Social Security does not believe your condition will improve, although they will set your case for review in seven years.

The Department of Education is working with the Social Security administration to identify those individuals designated as MINE so they are eligible for a streamlined process where they sign and return a completed application. Other people with student loan debt maybe eligible for TPD discharges, but they need to submit additional proof to request the discharge and the process is not streamlined.

While this is good news, under the current law, the amount of loans discharged are counted as income for the tax year in which the discharge is granted, and SSDI benefits can be garnished to pau for taxes on the amount of loans discharged.

A new bill has been proposed in the Senate, S. 2800, which would make discharged student loan debt no longer taxed as income. Learn more about the proposal here.

Talk With A Professional

If you have questions about your Social Security benefits as they relate to student loan debt, contact us to schedule a free initial consultation.

Section 32 Settlement & How Workers’ Compensation Lawyers Can Help

Posted by: In: Workers Compensation 23 Mar 2016 Comments: 0

A Section 32 settlement is one of many ways in which injured workers’ can receive compensation for their work-related injuries, and is typically done at the conclusion of a case.

However, the Section 32 settlement process must be properly navigated to ensure injured workers receive the compensation they may be entitled to, as well as protect their future medical needs.

What is a Section 32 Settlement?

A Section 32 settlement is an agreement that results in a final payment to an injured worker. Specifically, a Section 32 settlement is an agreement between an injured worker and their employer’s insurance company or third party administrator who is responsible for processing Workers’ Compensation payments.

A Section 32 settlement cannot be court ordered, and must be a voluntary agreement.

What Does A Section 32 Settlement Cover?

Specifically, a Section 32 settlement covers the Lost Wage portion and/or medical portion of a Workers’ Compensation case.

The amount that an injured worker can receive from a Section 32 settlement is determined by what the insurance company or third party administrator is likely to pay an injured worker in the future as it relates to Lost Wages or medical expenses. However, in some cases, the amount of a Section 32 settlement can be determined by either Reduced Earnings payments, likely PPD payments, or a combination of the two.

Section 32 Settlements & PPD Payments

PPD Payments refer to Permanent Partial Disability Payments. Permanent Partial Disability Payments are Workers’ Compensation benefits that are provided to injured workers based on permanent physical impairment or reduced earnings. Permanent Partial Disabilities are defined as a work related injury that have a permanent negative impact on a worker’s ability to perform work related tasks.

Section 32 Settlements & Reduced Earnings Payments

Section 32 Settlements can consist of Reduced Earnings payments and/or Permanent Partial Disability payments. Reduced Earnings payments refer to the compensation an injured worker receives to make up the difference between what an injured worker was paid at a job before they were injured and the reduced income an injured worker receives after an injury.

For example, John makes $900 a week at his job. John is injured on the job. When John returns to work, he makes $600 a week at the same job. Reduced Earnings payments make up for $200, or 2/3rds of the difference, in weekly income that John isn’t paid after returning to work from his injury.

Injured workers can estimate their Reduced Earnings Payments using MCV Law’s Reduced Earnings Calculator.

Confused by what you can expect from a Section 32 settlement? Contact us for a free initial consultation.

When Will I Get A Section 32 Settlement?

Discussions about a Section 32 settlement most often occur either right before MMI is discovered or permanency proceedings begin. Both MMI and permanency proceedings are relevant in determining future medical expenses that are related to a workplace injury.

What Is MMI & How Does It Relate to A Section 32 Settlement?

MMI refers to Maximum Medical Improvement. Maximum Medical Improvement is a legal term that describes an injured workers’ condition as it relates to their recovery from their work related injuries. If an injured worker has achieved Maximum Medical Improvement (MMI), this means that the injured worker has recovered from their work related injuries and no further improvements can be reasonably expected

Section 32 Settlements & Permanency Proceedings

Permanency proceedings refer to the legal process that determines the level of permanency resulting from the injury and the impact the impairment has on the workers earning capacity. Permanency is also known as how permanent or long lasting an injured workers’ injuries or related symptoms will affect an injured worker.

The most difficult decision the judge has to make is the percentage of Loss of Wage Earning Capacity (LWEC), which takes in to account vocational factors, as well as your injury.

How is A Section 32 Settlement Paid?

A Section 32 settlement must first be agreed upon in writing. As part of this written agreement, the New York State Workers’ Compensation Board requires a disclosure form, and an attorney’s fee request. Once the agreement, disclosure form and attorney fee request are filed with the Workers’ Compensation Board, a hearing is scheduled.

This hearing is a significant step toward making the amount of a Section 32 settlement official. At this hearing, a judge reviews the agreement to make sure the Section 32 settlement is fair and reasonable. If all parties involved in a Section 32 settlement sign the agreement, the Section 32 settlement is provisionally approved.

Upon provisional approval, all parties involved have 10 days to call off the agreement. Once this 10 day period is over, the Workers’ Compensation Board makes a formal decision to approve the Section 32 settlement.

Typically, the process from hearing to approved payment takes approximately 3 weeks. The employer’s insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers’ Compensation Board’s decision.

How A Workers’ Compensation Attorney Can Help With A Section 32 Settlement

There are a lot of factors that go in to determining the right amount for a Section 32 settlement. Between Lost Wages, potential medical expenses, and complex legalese, there’s a lot for an injured worker to figure out to get the most favorable Section 32 settlement possible.

For over 30 years, MCV Law’s Workers’ Compensation Attorneys have helped injured workers navigate the Section 32 settlement process.

Injured workers should seek professional, experienced legal representation by contacting a Workers’ Compensation lawyer.