Raleigh Personal Injury Lawyer - Social Security

North Carolina May Cap Workers' Compensation for Retirees

Margaret Embry — Thu, 28 May 2009 16:12:05 GMT

As of May 11, 2009, the North Carolina House Insurance Committee advanced a measure that would limit workers' compensation payments to injured workers about six years after they become eligible for Social Security. House Bill 1022, according to Insurance Journal

would curtail workers' compensation payments 300 weeks after a worker turns 65 or otherwise becomes eligible for Social Security retirement benefits, unless the worker wins an appeal before a state board.

While opponents argue that the bill would negatively impact senior citizens, supporters of the bill believe the measure would cut costs for employers and make North Carolina more competitive.

The bill has been sent to the House Judiciary Committee by the insurance panel for further review. A companion bill, Senate Bill 975, was filed on March 25, 2009 and is currently before the Senate Commerce Committee.

North Carolina is not the first state to debate this issue. The Utah Supreme Court recently declared a state law that limited workers' compensation payments for people over age 65 who can also collect Social Security retirement benefits unconstitutional.

Originally posted at InjuryBoard by Margaret Embry

Inadequate Disability Examinations

Vance Jennings — Wed, 20 Feb 2008 16:31:27 GMT

The Charlotte Observer ran an article a while ago regarding "hasty disability exams" in Social Security Disability claims. The federal government hires doctors in North Carolina to perform disability exams on claimants. According to the article, North Carolina doctors collected $12 million in the fiscal year of 2006 from such exams. The Charlotte Observor interviewed 40 current and former social security applicants regarding their disability examinations. Of the claimant's interviewed, more than half described their examinations as "hasty, inadequate, or unusual."

Complaints ranged from the doctor only spending a few minutes examining the claimant to strange behavior and strange attire by the doctor.

However, Federal Rules require the doctor to set aside at least 30 minutes for an examination. The article stated that half of the people interviewed said their examination was less than 20 minutes.

These examinations are unfair to claimants and often used to support denying claims.

Originally posted at InjuryBoard by Vance Jennings

Criminal Case Highlights Danger of Representative Payees

Brent Adams — Mon, 11 Feb 2008 23:43:28 GMT

According to United States Attorney Catherine Hanaway and the Police Chief of Macon, Missouri, Steve Olinger, a Macon couple, Donald and Mary Hicks, have been indicted on charges of stealing a total of $86,534 in benefits from Social Security Disability from another couple that was in their care.

In the September of 1998, Donald Hicks was chosen by the Social Security Administration as a representative payee for a disabled couple who were receiving benefits from Social Security Disability, the indictment said.

According to the allegations of the indictment, during the period between September 1998 and February 2006, the disabled couple's checks were endorsed by Donald Hicks and then he and his wife stole the money.

In order to conceal this conspiracy, the Hicks' made false statements and provided false expense reports on the date of April 1, 2006 to the Police Department of Macon. That May, they lied to the SSA and agents from the FBI about the false documentation.

On Thursday, January 31, 2008, each of the Hicks' were indicted in St. Louis, Missouri by a federal grand jury on one felony count of theft of government funds, one felony court of the misuses of money from social security, one felony count for filing false statements to a federal agency, and one felony count of conspiring to steal government funds and make false statements to the SSA and FBI.

If the couple is convicted, there is a maximum penalty of ten years in prison and/or fines of up to $250,000 and there is a maximum penalty of five years in prison and/or fines of up to $250,000 for each of the other charges. Each charge also requires mandatory restitution.

Originally posted at InjuryBoard by Brent Adams

Social Security Disability Cheaters Make It Difficult For Legitimate Claimants

Brent Adams — Sun, 30 Dec 2007 00:44:20 GMT

A couple in Rapid City, South Dakota was indicted in federal court on the week beginning with Sunday, December 16 for allegedly lying to the government in order to receive fraudulent Social Security benefits for disability.

According to the indictment, Lonnie Holloman has been the recipient of $123,333 in fraudulent Social Security Disability Income since he sustained an injury to his back in 1991. However, according to prosecutors, he worked full-time as a truck driver for Doug Faul Trucking Company between 1998 and 2001. After that period, he worked for Holloman Trucking Company, which belongs to his wife.

In 2001, Margaret Holloman began the company and hired her husband as a full-time long-haul truck driver from the time he left Doug Faul Trucking until at least July of 2006. According to the indictment, during the time he worked for her, she allegedly paid him only $500 per month so that he would continue to receive disability checks from the SSA.

Before she began Holloman Trucking Company, Margaret Holloman was a bookkeeper for Doug Faul Trucking.

On Thursday, December 27, both of the defendants pleaded not guilty to the charges of theft, fraud, and conspiracy. They were released without posting bond.

Cheaters like Mr. Holloman make it difficult for legitimate claimants to get an objective hearing.

Originally posted at InjuryBoard by Brent Adams

Backlog of Social Security Disibility Claims At An All Time High

Brent Adams — Tue, 04 Dec 2007 23:29:25 GMT

The backlog of disability cases that are on appeal currently facing the Social Security Administration is at an all time high and still continually rising. In the past six years, the backlog has doubled and by the year 2010, it could reach 1 million, according to Social Security. However, despite these bleak statistics, there are several agencies who offer help to low-income claimants during the wait for a decision on their disability benefits applications, which could last up to two years.

When someone seeks treatment for their disabilities, they are presented with several barriers. As a result, they will face many difficulties when trying to prove that they are disabled. The ability of an advocate to negotiate or remove said barriers on behalf of their client is often involved in the strength of a case. In many cases, only facilities that service the poor are who provide medical care for the client. Though clients will receive proper medical care, long waits and extensive travel to find a provider could be required for such care for a patient who is low-income and has limited or no health insurance, particularly when the person requires the services of a specialist. The system can become overwhelming to many.

Originally posted at InjuryBoard by Brent Adams

Children Under Age 18 Applying for SSI

Vance Jennings — Fri, 30 Nov 2007 16:57:22 GMT

Q: Is the claims process different for a child under 18 applying for SSI?

A: Yes. First, a child must have an impairment or combination of impairments resulting in severe functional limitations. Generally, there are three steps: (1) Is there substantial gainful activity? If the answer is yes, the claim is denied. (2) Does the claimant have severe impairment(s) that cause more than a minimal effect on his/her functioning. If yes, move on to step three. (3) Does the claimant's impairment meet, or functionally equal a listing to establish total disability? In order to functionally equal a listing, the claimant must have a marked limitation in two areas or an extreme limitation in one area. The areas considered are as follows: (a) ability to acquire and use information (b) ability to attend and complete tasks (c) ability to interact and relate with others (d) the ability to move and manipulate objects (e) the ability to care for self (f) and the general health and physical well-being.

Originally posted at InjuryBoard by Vance Jennings

Why You Should Hire an Attorney in Your Social Security Disability Claim

Vance Jennings — Tue, 08 May 2007 13:49:58 GMT

Q: DO I NEED AN ATTORNEY

A: It is possible for a claimant to represent themselves at a hearing, however, statistics have shown that people who are represented by attorneys have been successful more than those without representation.

Whether you hire an attorney is entirely a personal choise; but, you should consider what an attorney can do for you.

An attorney can advise you on the vast law related to the Social Security rules and regulations. He or she will gather your medical records that you need in order to present the best case possible. He or she will prepare you for a hearing and be there with you during the hearing. Also, if you get denied at the hearing level or the Appeals Council level, only an attorney can continue fighting for you in Federal Court by filing a lawsuit.

An attorney will reprsent your best interests, fight for you and be your advocate. The SSA and judges are not your advocate.

Originally posted at InjuryBoard by Vance Jennings

Cost of Attorney in Social Security Disability Claims

Vance Jennings — Tue, 08 May 2007 13:31:09 GMT

The Social Security Administration (SSA) must approve all fees charged by attorneys. However, attorneys can and do charge in different ways.

Generally, attorneys do not get paid unless they win your case and you receive benefits. In Social Security cases, federal statutes limit attorneys fees to 25% of back benefits or $5,300, whichever is less. Typical fee contracts may require the client to pay for the cost of medical records, doctor's reports and other costs.

Clients don't have to pay the attorney from the backpay lump sum they receive. This is because SSA witholds 25% of past-due benefits payable to you and your family and they use this to pay your attorney.

If benefits are awarded but there are no back benefits, billing practives may vary. But, SSA must still approve the fee.

Originally posted at InjuryBoard by Vance Jennings