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Appealing an Unfavorable Decision for Social Security Disability Benefits: Statistics Show the Road Gets Tougher

Friday, December 6, 2013

  Recently the Appeals Council of the Social Security Administration (“SSA”) released its summary of requests for review from the 2013 fiscal year. Requests for review are appeals of decisions issued by Administrative Law Judges (“ALJ”) or dismissals by claimants for Social Security or Supplemental Security Income benefits.  Of nearly 176,000 requests for review, a whopping 77% of requests were denied review by the Appeals Council. Once denied by the Appeals Council, an individual can possibly start an entirely new claim for benefits, which means losing years of potential benefits; or can appeal to United States District Court, which can […]

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9/11 Workers' Compensation Registration Re-opens: Governor Cuomo Signs Bill

Friday, November 22, 2013

Last week Governor Cuomo signed an important new bill that re-opened 911 workers’ compensation registration and disability pensions for Ground Zero workers. The new registration deadline is set for September 11, 2014, but re-opens registration and filing for previously denied claims. Therefore, any 9/11 worker who was previously denied workers’ compensation because they failed to register timely, will now have a second shot at establishing a claim before the New York State Workers’ Compensation Board. In addition, the filing of new workers’ compensation claims will have an impact on pending 9/11 Victim Compensation Fund claims. It is strongly suggested that you speak […]

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Queens New York Social Security Disability Judge Bias Class Action Settlement Approved by Court

Friday, October 18, 2013

the settlement in Padro v. Astrue (Colvin) grants over 4000 disability claimants who were unfairly denied benefits by five rogue judges in Queens, NY the right to new hearings before different and independent judges. It also forces the five errant ALJ’s to undergo remedial re-training on Social Security law and proper procedures for conducting fair hearings. Finally, all future decisions by these five judges will be monitored by a special unit within the Social Security Administration for 30 months into the future. So there Mr. “Disability is easy to get” Kroft – stick this decision in your pipe and smoke it!

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What is the NY Workers’ Comp Claims Process?

Friday, October 18, 2013

Most people don’t go into work and say “I think I will get injured today. Yeah that’s what I’ll do! At two thirty, I’ll be the victim of a horrible accident and spend months or even years undergoing a grueling and expensive recovery process“.   As such, many people are not prepared when serious work accidents do strike.  Recovery may take a very long time and result in a lot of financial stress and anxiety. That being said, it is important to understand the New York Workers’ Compensation claims process ahead of time so you are prepared. To better understand these […]

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What Are New York Workers’ Compensation Benefits?

Thursday, October 17, 2013

In short, New York Workers’ Compensation benefits (sometimes referred to as Workmans’ Compensation or Workers’ Comp) is an employer paid insurance policy that pays cash and/or medical benefits to people who are injured or become sick as a result of circumstances that are directly related to the nature of their job. The employee may not be required to contribute to the cost of premiums. The New York State Workers’ Compensation Board processes claims and may intervene if there is a dispute between an injured worker and an employer/insurance carrier over the amount of cash benefits or medical care the injured […]

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New Employer's First Report of Injury/Illness Form

Thursday, August 8, 2013

Back in October, the Workers’ Compensation Board announced that they would be introducing New York State eClaims Requirement Tables and Implementation Guide in the Spring. This entails the introduction of the new Form C-2F which will allow employers to easily report an on-the-job injury or illness. The implementation of eClaims has been set to happen in phases. But once all claims administrators have transitioned to eClaims, Forms C-2, VAW-2 and VF-2 will be obsolete. For more information on eClaims you can go the the Workers’ Compensation Boards website or direct any questions to eClaims@wcb.ny.gov.

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Fast Food Workers Strike for 15

Wednesday, August 7, 2013

About eight months ago, fast food workers in New York City started holding day long strikes during peak customer traffic. Their goal: higher wages, fifteen dollars an hour to be exact, which is more than twice the current minimum wage. Since then, protests have spread to Chicago, St. Louis, Kansas City, Detroit, Flint and as of tomorrow, Milwaukee. Thousands of Fast Food workers, who make a median salary of about $9.05/hour, have set their sights on pressing Congress to raise the federal minimum wage and urging state legislatures to raise the state minimum wage.  The protests are part of a […]

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Department of Labor Releases New Unemployment Statistics

Tuesday, July 30, 2013

Good News! The New York State Department of Labor has just released some encouraging preliminary figures pertaining to the state’s unemployment rate.  According to the numbers released on July 18, the percentage of unemployed individuals fell from %7.6 to %7.5 between May and June, putting it below the national average. In areas outside of New York City (including Upstate and Long Island), the unemployment rate fell from %7.1 to %6.9. Jobs in the private sector have risen in 26 of the past 30 months. On July 23, the DOL released a more comprehensive list of the change in unemployment rate in […]

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Social Security Disability is Never Easy to Get in New York and Long Island

Tuesday, July 16, 2013

A few important nuggets of truth remained in my letter which will hopefully resonate with most New Yorkers. According to Social Security stastistics, the grim fact is that 1 in 5 male and 1 in 7 female disability recipients die within 5 years of being granted benefits. So if the average age that someone receives disability payments is 55, the fact is that many will never collect a dime of regular Social Security retirement benefits. This saves Social Security a ton of cash!

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