Category: Wutz Seifert

Everyone thinks their future is secure because they have a good chunk of change in the bank and the pension they have been promised is wonderful.  However, one event can totally change the course of the future.  What happens if all of a sudden one day you can no longer work?  What do you do is one day a sudden impairment causes you to no longer do what you want to and your whole day is ran by managing the pain you are living with.  Things happen that enable us from continue on working.  Then what?  The answer is social security disability benefits.

The social security disability program offers the permanently disabled to receive cash  payments from a social security fund in which every working person adds to with prior income deductions.  It also gives them the ability to get benefits for medical care and even supplemental security income.

In order to apply for social security disability a process is followed to make sure the candidates qualify for the aid.  First, you will meet with a representative that will talk with you to determine your disability.  With this they will look into your medical history including doctors, surgeries, treatments and medicine that you have taken. You will also need to provide previous employment history for at least the last fifteen years.

Along with this proof of citizenship is required as well as documentation of personal information and benefit programs you are involved in.  You are also required to be insured in the work program as it will be considered in computing your monthly payment.

Getting started is simple.  That’s the only part that is.  Within the application process you will obtain a kit containing everything you need to start processing your social security disability claim.   This kit contains three important items a factsheet, a checklist and a worksheet.  Each sheet serves a different purpose.  The fact sheet is basically the frequently asked questions of the program.  The checklist allows you to prepare for the interview with a list of exactly what is needed for a complete interview. The worksheet shows examples of questions that will be asked so that you are prepared in your interview with appropriate answers.

Be prepared to be denied.  A larger percentage of initial claims are denied.  It is important to be prepared and look into hiring a lawyer for an appeal.  A lawyer will know exactly what proof, information and requirements that social security requires one to show to prove they are disabled.  They also represent you in court.

The next step is scheduling the to meet with the disability representative.  They go through your case as mentioned above. And then pass the case onto a caseworker from the administration.  Usually within three months they will admit receipt and in six months you should have a response to your case.

If the case is denied there are several places to turn so don’t give up.  An attorney will help go through all of this with you also.  The first thing is to ask for reconsideration using another decision maker within the social security administration.  Most often the claim will still be denied but it is worth a shot.  Next request an administrative hearing. The proceedings are done inform of an administrative law judge.  More than half of recorded appeals that take this next step are decided in favor of the beneficiaries.   The U.S. Federal District Court also has a high approval rate.

It is possible to get social security disability.  It may take some time and effort but persistence will pay off.  If you are unable to work all you have is time to maneuver through the system.  Previous track records show that persistence pays off.

Lots of people everyday work at jobs which involve situations in which they could become injured.  This is why employers are required to purchase workers compensation insurance.  Workman’s comp exists in every state within the United States.  In most cases the system should involve a worker who is injured or has become ill due to the work environment.  Instead of suing the employer they file a claim against their employers workers comp insurance.

Workman’s comp is designed to help the worker.  It is to help financially fund a worker who has been experienced some time of illness due to the work place.  However, it does sometimes produce outcomes that are less than desired by the party injured or ill due to an employer’s negligence.  The system is complex.  It is not an easy or fast process.  Many people who file workers compensation claims find it in their bets interest to work with a lawyer that specializes in these issues for help on the claim.  Some unions also offer legal support to victims.

There are requirements that must be met by the employee to even be considered able to file a workman’s comp claim.  The two basic necessities are as follows; the employee must have worked for a company that carried workers compensation insurance.  All companies are supposed to have this insurance coverage but not all companies abided by the laws governing society.  Also they must have been injured during work or have an injury specific to the job duty.

The most important step the employee can make in the claim against an employer for workman’s comp benefits is notifying them immediately that a work place injury has happened.  Many workers are afraid to do this obvious step in the process because of bonuses and incentives companies often put on the number of days that a work place has been injury free.  However, this is absolutely no reason to let an injury go without being reported on.

Even if an injury is extensive, if an employee fails to report it right away that gives the carrier reason to deny the legitimacy of the claim therefore denying benefits to a deserving employee.  It is without a doubt the very first key element in a long and lengthy battle to gain compensation under the laws surrounding workman’s comp.  It is also important to realize the longer it takes the more flags that will be raised and the carrier will look more thoroughly into the claim thinking it is perhaps fraudulent and without just cause.

Even after a worker has filed a claim with their employer there is still more work to be done to prevent any case they might have against the claim.  The next step is to report the accident to the state workers compensation board in which the worker works and lives.  This will make sure that all the necessary paperwork has been filled out and obtained to proceed with the claim.

It is important that an employee document the accident for their records also.  Keep copies and records of all communication regarding the accident.  Employers should also obtain information from the employee.  It is important to describe the specific accident, the names of the people that saw it happen; when the accident occurred, under what conditions and where exactly did it occur.

This is just the beginning of a journey involving lots of documentation and paperwork.  Most employers don’t ever want to get involved in such situations because they are time consuming and expensive.  However, even with the best employers who offer work places that are desired it is possible that an injury occur.  This is why it is important even for small companies to carry workman’s comp insurance.

It is hard to imagine your life being any different than it is today.  Today you can walk, bend, grab things with both hands and jump up and down if you want.  The problem comes when you walk into work one day able to function normally but then an accident at work happens and bam life is never the same again.  Who helps pay the bills?  What happens to your livelihood?

It is never easy to think about a future that is not perfect.  However this happens more often than we like to think.  If you are ever involved in an accident at work however minor report it.  It is important not to dismiss anything this will make a later dispute much more difficult.  Reporting the accident is the very first step in making sure that while you are disabled your bills can stay on track.

In fact it is very important to give details to your employer and to the medical center that treats your accident.  It is important that you give details about specifically when the accident happened, where it happened within the facility and how the injury happened.  It is also important to document who was around at the time of the accident and if possible get written statements from anyone who was involved or saw the occurrence.

There are some important questions that everyone who is injured on the job need answers to.  In dealing with workers compensation one of the first is when will I begin to receive checks?  This varies but if all the paperwork has been filled out correctly, the claim is legitimate and has been processed correctly the checks should start coming within a few weeks of the accident.  The insurance company will have to investigate and record a statement and get the preliminary medical details from the clinic.

Your checks will continue until you are able to go back to work making the same amount of money you were or the case is settled.  If a case is denied you will not start receiving checks at all and should contact a lawyer.  Basically if this is to happen then the insurance company is claiming they are not responsible to cover the medical bills or you.  This is all very time sensitive in nature and is best handed over to an attorney who will correctly navigate through the workers compensation process.

Another thing people often worry about is if their job will still be available for them when they are finally able to return to work.  Your employer is required to keep the position open for twelve weeks.  This is thanks to the Family Medical Leave Act.  After twelve weeks they do not have to hold the position any longer.

If an employee returns to work and is placed on restriction and then fired it is thought to be because of the injury.  It is up to the employer to prove that the firing was not illegal and that there was reason that you be let go.  This is almost impossible for them to do.  In most cases the employer will lose.

Any and all medical treatment required because of the injury is covered under workers compensation.   The same is true with any and all medication that may be needed.  Many employers will have you see their doctors you must petition to see your own doctor or specialist.  In case such as broken bones and serious injuries it is best to go outside the clinic recommended by the company.  Your care is far more important at the time than who is going to pay for it.  The main goal is to get back to one hundred percent as soon as possible.