ssdi | MCV Law

Common Misconceptions of the Law

Posted by: William Crossett In: General, Personal Injury, Social Security, ssdi, Workers Compensation 05 Oct 2015 Comments: 0

Parents are responsible for the negligent acts of their children. While this statement may seem logical, it is untrue. Parents are not responsible for the consequences of their children’s negligent conduct. If, however, the parents own conduct is negligent, then the parent can be held responsible for their own actions.

As an example, the child finds a firearm in the woods and negligently discharges it, causing property damage or personal injury. A parent would not be responsible for those acts. However, if the same child found a loaded hand gun in their home that the parent negligently failed to secure and the child discharges that firearm, causing property damage or personal injury, the parent could be held responsible for their own actions in negligently failing to secure the firearm.

The same is true for automobile accidents. A parent is not responsible for the negligent conduct of their child if they cause personal injury or property damage in an automobile accident. However, if the parent owns the motor vehicle being operated by their child and it is being operated with the permission and consent of the parent, then the vehicle and traffic law in the State of New York imposes responsibility upon the owner of such vehicle. Therefore, responsibility would be imposed, not because of the parent/child relationship, but rather the ownership of the motor vehicle.

Liability or responsibility for negligent acts can most often be insured against and most homeowner’s policies include children of the named insured, provided that they are residents of the household. Automobile insurance policies have their own unique coverages, and parents should from time to time review their insurance coverages for their homeowner’s coverage and automobile coverage regarding the protection not only for themselves but for their children.
James Meggesto
Partner

Email: jmeggesto@mcvlaw.com

Phone: 315-471-1664

James A. Meggesto has been practicing as a trial lawyer for over 40 years. He is a graduate of Niagara University who served in the United States Navy during the Vietnam War prior to attending and graduating from Syracuse University College of Law.

How Does Worker’s Compensation Affect My Social Security Disability Benefits?

Posted by: MCVLawBlog In: Social Security, ssdi, Workers Compensation 16 Sep 2015 Comments: 0

If you are receiving Worker’s Compensation benefits and file for Social Security disability benefits, you may not be able to collect the maximum amount of Social Security benefits based on your earnings record. Between Worker’s Compensation and Social Security Disability, you may only receive up to 80% of your average current earnings (ACE) in total. If the total of your Worker’s Compensation and Social Security Disability benefits exceed 80% of your average current earnings, your Social Security Disability benefit will be offset or reduced.
Take this example:

First figure out your average current earnings:
Your average current earnings is calculated either by averaging your highest consecutive 5 years of earnings or by taking the highest year of earnings in the last 5 years prior to your disability.
If your highest year of earnings in the five years before you became disabled was $40,000, then divide this number by 12 to get your monthly earnings of $3333.33.
Then multiply this number by 80 % (3333.33 X .80) to arrive at your average current earnings of $2666.66.

How much is your monthly Workers Compensation benefit?
Take the amount of your weekly Workers Compensation benefit and multiply by 52, then divide this number by 12, to get your monthly workers compensation benefit.
For example: Say you receive $400 per week in worker’s compensation.
Multiply this number by 52 ($400 X52) to get your yearly benefit of $20,800
Now divide this number by 12 to get your monthly Compensation benefit or $1733.33.
Now subtract your monthly compensation benefit from your ACE: $2666.66-$1733.33= $933.33. This number ($933.33) represents the highest amount of Social Security Disability benefits you could receive (using this example).
Remember that every case is different. It is very important to report all changes, in writing, in your Worker’s Compensation benefits to Social Security. It is also important to keep proof that you submitted the information to Social Security. You will also need to follow-up with Social Security to make sure they adjust your benefits as needed.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP. In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992. She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

Social Security’s 80th Anniversary

Posted by: William Crossett In: Social Security, ssdi 14 Aug 2015 Comments: 0 Tags: kim slimbaugh, mcv law, social security, social security disability, social security disability benefits, syracuse attorney's

Today marks the 80th anniversary of the Social Security program. The program was signed into law by President Roosevelt in 1935 and was intended to provide “some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age.” The program has served our nations workers ever since. Please continue to encourage our lawmakers of the need to protect and strengthen the program.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

United States Senate Considers Cuts To SSDI To Help Fund Highways

Posted by: MCVLawBlog In: Social Security, ssdi 20 Jul 2015 Comments: 0 Tags: kim slimbaugh, mcv law, social security, social security disability, social security disability benefits, syracuse attorney's, syracuse lawyer

This week the United States Senate will take up legislation to fund the nation’s highway system. Most of us think this is a good thing. However, we have learned that one or more of the amendments to the legislation would cut Social Security Disability Income (SSDI) to help fund the highways. Specifically, the proposal talks about cutting benefits for people who receive SSDI and Unemployment Insurance (UI).

Typically, the UI overlay is because SSDI beneficiaries have attempted to work, as the law encourages, but lost their job to no fault of their own.
The National Association of Disability Representatives (NADR) has encouraged us to write to our New York State Senators Chuck Schumer and Kirsten Gillibrand urging them to oppose this and other amendments to the Highway bill.

Here is a sample letter from the Consortium for Citizens With Disabilities for your consideration. Please share your concern with our State Senators, whose email addresses are shown below.

Senator Chuck Shumer: robert_gardner@schumer.senate.gov
Senator Kirsten Gillibrand: karina_cabrera@gillibrand.senate.gov

3 Reasons Why You Should Have an Attorney

Potential clients often ask us whether or not they need an attorney. The short answer to this question is no, injured workers are not required to have an attorney. However, there are 3 key reasons why we believe injured workers should have an attorney.

1. Your Rights – Injured workers need someone on their side. The insurance company will have an attorney representing their rights, so it is important to have someone looking out for your rights. The insurance company does not work for you. In fact, their main goal is to save money. A common misconception is that the insurance company must explain what they are doing to you, but this is not true. The insurance company has no obligation to inform you of your rights or even explain the law to you. Additionally, the Judge does not work for you. While the Judge’s role is to administer justice, the Judge has no obligation to fight for your rights. As claimants’ attorneys, we are on your side and it is our role to see that you receive every benefit you are entitled to under the law.

2. The Paperwork – The Workers’ Compensation system has over 50 forms for injured workers to use for various reasons. In addition to the forms designated for you, there are numerous other forms designated for insurance carriers. If this is not enough, injured workers often receive paperwork from the Workers’ Compensation Board pertaining to their case. This creates a lot of mail and can be very overwhelming for an injured worker simply trying to get better. Also, much of the paperwork can be very difficult to understand. At MCV Law, we help our clients understand the paperwork they receive and help them decipher what is important and what is not.

3. Medical Care – Although most injured workers trust their doctors, many of them are confused by what their doctor is saying in their medical reports. As attorneys, we work to help clarify what is in your medical reports and how it will impact your case. For example, if your doctor has you at 75% temporary disability, he or she is saying something about your ability to return to work.

Although you can Google the law, call the Workers’ Compensation Board, read Blogs, etc., this is not the same as working with a team of dedicated attorneys, client advocates, paralegals, and other important staff that are focused exclusively on representing your interests. Every case is unique and our attorneys strategize, plan, and execute based on the particular facts and circumstances of each case – something the other sources cannot do for you.
Bethany Nicoletti

Email: barliss@mcvlaw.com

Phone: 315-471-1664

Bethany Nicoletti is a graduate of Ithaca College where she earned her B.A. in Communication Studies. She graduated cum laude from University at Buffalo Law School in 2013 and was admitted to the New York State Bar in the Fourth Judicial Department in 2014.

Is it Disability, Compensation or Something Else?

Should I file for Disability, NYS Workers Compensation or something else?

Often people call MCV Law requesting help with a “Disability Case. “ They are injured, unable to work and looking for help to pay the day-to-day bills. The first thing the Attorneys and Staff at MCV Law do is listen.

We carefully listen to your story. We’re listening for particular facts and circumstances that will help us determine what remedy or remedies may be available to you. We ask targeted questions, to determine where you may or may not be in the process of making a claim.

Generally we are trying to determine whether or not you have one of the following:

A New York State Disability Case.
A New York Workers’ Compensation Case.
A No Fault Motor Vehicle Accident Case.
A Personal Injury Action.
A Private Short or Long-Term Disability Case.
A Social Security Disability Case.

Sometimes, there is more than one type of case arising from a single event. For instance if you’re involved in a Motor Vehicle Accident, while Working you have both a Workers Compensation claim and a No Fault Motor Vehicle Accident case. If the Accident was caused by a third-party you may also have a Personal Injury Case. If the injury is life changing you may have a Social Security Disability Case as well.

Of course, every type of case has different rules, the most important of which is the Statute of Limitations. That is the time in which the injured person must act to protect their rights. Often, especially in cases dealing with municipalities or other quasi-government entities, the statute limitations is extremely short. Therefore it is important to seek legal advice shortly after your injury or injuries. MCV Law does not charge you for the initial consultation.

At Meggesto, Crossett & Valerino, LLP, we pride ourselves on being able to assist the injured person with regard to all of the cases listed above. Instead of looking only for one type of case, we look at the injured individual as a whole. We work to craft a legal strategy that is most likely to produce the best result for you, in a timely and cost-effective manner.

Be sure to click here for further information on workers compensation, and here for a more in depth look at social security disability.

6 Things to Know about Independent Medical Exams

1. Do I have to attend? Yes, the insurance carrier is entitled to have you examined by their doctor. If you do not attend it will harm your case. Your benefits may be stopped, and your treatment and prescriptions suspended.

2. What is the purpose of the exam? Generally the carrier is seeking another opinion on the nature and extent of your injuries, your need for treatment, and your level of disability.

3. What can you expect at the exam? An IME is not like a visit to your doctor – the IME is not treating you. The exam is likely to be very quick and focused on your degree of disability or the need for treatment or prescriptions. You may be asked to complete a questionnaire prior to the exam. Answer the questions carefully, and be sure you tell the doctor about any prior injuries or new injuries. Do not exaggerate or overstate your injury.

4. What is the IME looking for? The IME doctor will look for any inconsistencies in your behavior. This could include simple observations or may involve video surveillance. The carrier often has an investigator record video of you the day before the exam, the day of the exam, and the day after the exam to try to find inconsistencies. Be frank with the IME and your doctors about your activities of daily living. Also let the IME know of any side effects of your medications.

5. What occurs after the exam? The IME exam generates a report that is sent to all parties generally within 10 days. The report may or may not agree with your doctor and often will vary, especially in assessing your degree of disability. When the carrier receives the report, they will typically request a hearing to change the level of benefits paid. If the dispute cannot be resolved, litigation will start.

6. What is the role of your attorney when you have an IME? Your attorney is aware of your IME. It is best to talk to your attorney before you attend. Your attorney will also work with you to obtain evidence to counter the IME’s conclusions before a hearing.

Common Misconceptions of the Law

How Does Worker’s Compensation Affect My Social Security Disability Benefits?

Social Security’s 80th Anniversary

United States Senate Considers Cuts To SSDI To Help Fund Highways

3 Reasons Why You Should Have an Attorney

Is it Disability, Compensation or Something Else?

6 Things to Know about Independent Medical Exams

Social Security Disability and Migraines : Kimberly Slimbaugh