Protective Legislation for Workers – St. John's Law School Spring 2015 Wrap-Up
Monday, June 29, 2015My third year of teaching the course Protective Legislation for Workers was the charm.
Continue ReadingCategory: Long Term Disability / ERISA
Social Security Disability Firm Binder & Binder Prepares for Bankruptcy
Monday, December 15, 2014“The bigger they are, the harder they fall.” As reported originally in the Wall Street Journal, Binder & Binder, one of America’s largest Social Security Disability Advocate corporations is preparing for possible bankruptcy this week. The company is facing roughly $40 million dollars in debt due in part to the expensive and ubiquitous late night commercials featuring Charlie Binder in his infamous cowboy hat. In addition, the company is getting squeezed due to shrinking demand for its services and greater government scrutiny of Social Security disability claims. Binder & Binder was once a small Long Island law firm founded by brothers […]
Continue ReadingFraud
Friday, May 10, 2013We’ve all heard those stereotypes about Worker’s Compensation Claims being a lot of bologna. People think of claimants wearing fake neck braces, getting hurt on purpose, hobbling into their hearing limping on one leg and walking out limping on another. It would be naive to say that this never happens, which is a real shame considering how many people legitimately deserve to receive benefits. In 2003, Lisa Cullen published an article about the extent to which people overestimate the prevalence of fraud in Worker’s Compensation. The full article can be viewed here on pbs.org. Once more, there are many instances […]
Continue ReadingIllicit Drug Use and Your Worker's Compensation Claim
Thursday, May 9, 2013This week, we’ve talked a lot about the regulation of legal pharmaceutical products. Let us take a minute though to think about illicit substances. Worker’s Compensation is considered a no-fault system. The amount of money a claimant receives may not be increased if his or her employer is being negligent. Likewise, an employee’s carelessness may not decrease their award. However, it should be noted that it might be determined that an accident was the result an employee’s intent to cause harm or have been caused by an employee’s intoxication. In this scenario, an employee loses his rights to Worker’s Compensation. […]
Continue ReadingDrug Safety, Recalls and Withdrawal
Tuesday, May 7, 2013It may go without saying that you should use discretion when taking anything that is prescribed to you after a work-related illness or injury. Of course all pharmaceuticals must be subject to rigorous testing and analysis before being approved for the market. In general this means making sure that the benefits of a medication outweigh the risks associated with its use. However, many times adverse reactions arise after people have already been prescribed and begin administering a drug. The Food and Drug Administration has released a guide to safe use of prescription medications that is summarized below. Before a drug […]
Continue ReadingPrivacy
Monday, May 6, 2013The confidentiality of any and all documents pertaining to your case are protected under Worker’s Compensation Law. Only certain parties(including employers, insurance companies and either sides’ lawyers) may access information pertinent to your claim without written consent or a court-order. Your claim may also be viewed by government agencies who are processing claims for benefits or investigating fraud. Health workers may also access certain parts of your claim as a means of determining their payment for any operations or procedures. These parties are prohibited from sharing any information contained in your personal documents. You may authorize another group or individual […]
Continue ReadingFinding Support
Friday, May 3, 2013Becoming disabled is a stressful and oftentimes traumatic experience. In addition to dealing with all the legal red tape, there are many problems that may emerge with respect to a worker’s family and financial status. Fortunately Social Workers provide many services for people who are undergoing such hardships. Social Workers can help workers and families deal with many of the changes in their lives and if need be refer affordable and accessible agencies to deal with long-term conflicts. In non-controverted cases, Social Workers can even help claimants receive ample benefits. They may also be able to help explain the more […]
Continue ReadingWhat You Need To Know About Receiving Cash Benefits
Thursday, April 25, 2013If you are injured on the job, your employer should be paying for any necessary medical expenses. When it comes to the money you’d normally be making, that’s a little more complicated. While you may be receiving medical benefits after a work related accident, your not going to see a dime of the wages you’d normally have coming to you for the first seven days you are disabled. Once you’re out of work for eight days though, it’s a different story. At this point, you’re entitled to your regular pay AND once you’ve been out of work for fourteen days, […]
Continue ReadingAppeals
Tuesday, March 26, 2013To appeal a decision essentially means bringing a case to a higher court system after a Judge’s ruling. During a hearing before a Worker’s Compensation Law Judge, medical records, personal testimony and other evidence is reviewed and a decision is made as to whether or not the claimant is entitled to compensation or benefits. The Judge also decides what these include and for how long they may be received. However, this ruling need not be the final word on the matter if either the employer or the employee deems it unfair. Either party may appeal the decision within 30 days […]
Continue ReadingMultiple Sclerosis and Social Security Disability: OCT is Emerging Method of Tracking Nervous System Deterioration
Wednesday, January 30, 2013Primary-progressive MS and Relapsing-remitting MS are the types we most often see in our office for Social Security disability (SSD) benefits
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