If the disability examiner or judge notes in your medical records that you are “depressed” or “anxious,” the Social Security Administration may be obligated to send you for a mental consultative examination even if you don’t claim to be depressed or anxious on your application and have never sought treatment. ...
Continue readingThe Social Security Administration reviews your medical records to determine if your condition meets what is called a "Listing of Impairments."...
Continue readingUnfortunately, an extraordinary number of Social Security Disability applicants who are denied benefits will decide to stop pursuing their claim, submit appeals that are too late to be accepted by the Social Security Administration, or try to start all over again by filing a new application....
Continue readingImproving your chances of winning Social Security Disability benefits at the initial stage is rather simple. ...
Continue readingMany employers will argue that its managers are exempt from overtime under the FLSA executive exemption which excludes over time for" any employee employee and a bona fide executive...
Continue readingFlorida First Responders automatically assume that once they can show they are entitled to the Florida Heart/Lung Presumption they get Florida workers compensation benefits. Wrong! That is one of the first myths Florida workers' compensation attorneyr Nancy Cavey will discuss with you and how that myth impacts your rights to lost wages and medical treatment. You get the benefit of the presumption once you have shown the presumption actually applies. Then, the burden shifts to your employer to present evidence that rebuts or overcomes that presumption. One of the common defenses raised to First...
Continue readingSupplemental Security Income (SSI) is a disability program that is a needs-based program that takes into account your income and resources in determining your entitlement to Social Security Disability benefits....
Continue readingSocial Security can recoup overpayments until you die. Alternatively, they can stop your benefits, which means you’ll have to start all over again in the disability evaluation process and prove that you are disabled....
Continue readingIn theory, Workers’ Compensation is supposed to offer working Americans medical care and financial security in the event that they get hurt on the job. In reality, Workers’ Compensation has turned into a for-profit industry that is selling workers nothing more than a bill of goods. The end result is long delays, expenditure saving treatments that only fix the symptoms instead of the injury, and often the complete denial of benefits. A recent study by the Center for Justice and Democracy tells a disturbing story of the national decline of workers’ compensation due to...
Continue readingLet us say, for the sake of argument, that you are a construction worker. You go to the job site, clock in, and begin doing your job, just as you have every day since the building project began. Let us say, for the sake of argument, that due to the negligence of someone else on the job site, you receive a debilitating injury and are unable to go back to work, even after you heal from your injuries. You file your claim with the workers’ compensation company and receive your salary, and after some haggling and...
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