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New York Disability Lawyer Blog Vacation

Sunday, July 24, 2005

I will be taking a break from the world of workers compensation and disability claims until August 1, 2005. My family and I are taking a learning vacation at Cornell’s Adult University. This is a great program if you want to combine relaxation with intellectual stimulation, all in the heart of the Finger Lakes wine country. While Dad and Mom take a course entitled “Meritocracy in America” taught by Prof. Glenn Altschuler, my 6 and 7 year old “explorers” will be studying bugs and ecology with Cornell students. See you soon.

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Multiple Sclerosis, Social Security & Long Term Disability Claims

Friday, July 22, 2005

The Long Island, New York Chapter of the National Multiple Sclerosis Society has invited me to speak with their members on Thursday, August 4, 2005 on Social Security and Long Term Disability claims as part of their “Attorney One-on One” program. Located in Hauppauge, Suffolk County, this is a fantastic organization which really provides some much needed services for its members. Over the past 15 years, I’ve handled over 60 multiple sclerosis disability claims before Social Security or long term disability insurance carriers, such as UNUMProvident. Although one might think that a diagnosis of a progressive illness like multiple sclerosis […]

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New York Workers Compensation Rates Increase by 5%

Wednesday, July 20, 2005

New York State Insurance Superintendent Howard Mills threw a bone to workers compensation insurance carriers in New York State by granting them a 5% rate increase last week. The workers compensation carriers are lucky they got any increase in the wake of the AIG scandal. An excellent analysis can be found at the Workers Comp Insider blog (which is a must read for anyone involved in the workers compensation claim industry). Does this mean they will now give workers compensation claimants the benefit increase they deserve? Fat chance! The smart bet is that injured workers will not see a benefit […]

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Long Island Press Workers Compensation Cover Story

Thursday, July 14, 2005

High Costs, Low Benefits: Why New York State has the Worst Workers Compensation in the Nation” is the front page story in the July 14, 2005 edition of the Long Island Press. Accompanying the headline is a picture of an injured worker missing a leg. This is a timely and powerful article, and should be read by anyone who wants to know the inside scoop on how workers compensation insurance companies take advantage of BOTH workers and employers in New York State. One telling fact is the disclosure that workers compensation insurance companies in New York had a profit margin […]

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Congressman Pete King on Social Security Disability

Monday, July 11, 2005

Unlike some of you, I got a thoughtful letter recently from Congressman Peter King (R – Seaford) on the Social Security Disability program. I had written him on behalf of all my disability clients who were scared that they might lose their social security benefits as part of the President’s privatization reform. Congressman King wrote that: “the White House has made clear that any reform legislation would fully protect and maintain disability benefits.” He went on to add that he: “will work to ensure that full disability payments are continued.” Sounds good to me. King, who boxes for fun and […]

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Justice O'Connor & Social Security Disability

Thursday, July 7, 2005

OK, what would a legal blog be without our two cents about Justice Sandra Day O‚ÄôConnor‚Äôs retirement? What will it mean for New York Social Security disability claimants? Probably a big whopping nothing! Other than her concurring opinion in Sims v Apfel, O‚ÄôConnor will leave an inconsequential mark on Social Security disability jurisprudence. However, for the larger disability rights community, Justice O‚ÄôConnor has left a significant positive impact. In the 2004 case of Tennessee v Lane, she sided with paraplegics (bucking Rehnquist, Scalia and Thomas) by upholding the Americans with Disabilities Act and requiring state courts to be accessible to […]

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Pataki Signs 9/11 New York Disability Pension Law

Friday, July 1, 2005

In a significant win for the rescue and recovery heroes of 9/11 and New York’s municipal unions, last week Gov. George Pataki finally signed the 75% disability pension bill for workers who become ill as a result of working at Ground Zero. Municipal employees, mostly police and firemen, who worked more than 40 hours at Ground Zero and develop cancer or other diseases are now presumed to have gotten these illnesses from the 9/11 clean up, unless the employer can prove otherwise. I have a 36 year old friend who is a New York City fireman (New York’s Bravest) and […]

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Social Security Disability Lawyer Seminar 8/11/05

Tuesday, June 28, 2005

The Suffolk County Bar Association has invited me to present a Continuing Legal Education Seminar on Thursday, August 11, 2005, entitled “Malpractice Avoidance for Workers Compensation & Social Security Disability Attorneys“. I will be presenting with my colleagues Vic Fusco and Dennis Chase. Lawyers who attend will earn two CLE ethics credits. In the past year, I have testified as an expert witness in two legal malpractice cases involving workers’ compensation claims. In both, the legal malpractice was clear – it was just about estimating damages. One case settled in the 7 figure range and one in the 6 figure […]

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Workers Compensation for Victims of Highway Crash?

Friday, June 24, 2005

The fiery crash yesterday which killed three immigrant workers commuting in a dangerous 15 passenger van to a factory on Long Island raises interesting workers compensation legal issues. The workers who packed the van were from a Brooklyn Haitian community almost 50 miles away from bath products factory on Long Island. It is increasingly common for Long Island employers to recruit immigrant workers from the city and provide transportation. Employers simply can’t find enough Long Islanders to do simple factory work at the low wages they are willing to pay. I have had cases involving Long Island employers importing workers […]

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Workers Compensation Bar Raises $20,000 for Pediatric Cancer

Wednesday, June 22, 2005

The annual New York Workers Compensation Bar Association golf outing yesterday raised a record $20,000 for pediatric cancer research. Bill Turley, Vince Hannigan and Craig Rosasco led our golf contingent, while Aimee Berlin and Jaclyn Marziliano Simmons hit the tennis courts – all for a good cause. Chris Redmond, Ronna Horwitz-Bard and I handled office duty until I joined the crew in the evening for the awards ceremony. Hats off to my fellow workers compensation lawyers Ken Larkin and Ed Romano for organizing this wonderful event, and to Summit Pharmacy for their generous contribution to help kids with cancer. Who […]

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