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Residual Functional Capacity
One of the most important decisions made in a social security disability case relates to what is your remaining residual functional capacity from both a physical and mental standpoint. Most doctor and hospital records focus on diagnosis and treatment. Social Security Administration is interested in what practical limitations are imposed…
Workers’ compensation: All fun and games until someone gets hurt
When an employer considers whether to pay a workers’ compensation claim, three factors that come into play are: (1) was the injury or illness work-related?; (2) did it happen during the course of business?; and (3) did the employee contribute to it through some of his or her own behavior…
What are the Listings of Impairments?
Social Security Administration has developed a complex list of guidelines related to various medical conditions. If your condition meets one of these criteria it can result in an automatic approval of disability benefits. Some of the areas include musculoskeletal conditions, cardiac disease and mental illness. One important job of a…
Does the “dual capacity” theory apply to workers’ compensation?
Workers’ compensation offers what can broadly be thought of as a “win-win” outcome for injured workers and their employers: the worker benefits from having a relatively speedy forum through which to receive benefits for lost income and for medical expenses, while the employer has a way to avoid being the…
State Agency Physicians
During the preliminary stages of a social security disability claim, an individual’s medical records will be evaluated by a physician retained by the Social Security Administration to assist in deciding whether an individual is disabled. For this reason, it is very important that your treating physicians provide as much information…
Should you be “Mirandized” in a workers’ compensation claim?
“You have the right to remain silent. If you choose to give up that right, anything you say can and will be used against you in a court of law.” If you have ever watched a television police drama, you probably already know those words by heart as you have…
Recent court decision highlights scope of workers’ compensation
Most people associate workers’ compensation benefits with injuries suffered in a workplace accident. Fewer people might associate a claim under the North Carolina Workers’ Compensation Act with compensation for being wrongfully convicted in a criminal case, but that issue was recently in front of the Court of Appeals. As it…
What is a Severe Impairment?
Social Security Ruling 96-3(p) states that impairment is considered severe if it “significantly limits an individual’s physical or mental ability to do basic work activities.” To be “non-severe,” an impairment must be a slight abnormality that has no more than a minimal effect on the ability to do basic work…
Substantial Gainful Activity From Self-Employment
Social Security Ruling 83-33 provides that work will be considered substantial gainful activity if it meets one of three tests: 1) Rendering significant services to or receiving substantial income from a business; 2) Comparing the work to perform to that unimpaired people in similar business or occupations; 3) What is…
Several workers’ comp violations reported in North Carolina
If you’ve picked up a newspaper or watched the news recently in North Carolina, you have likely seen reports of several ongoing investigations into violations of workers’ compensation laws by area employers. These probes are in progress while the North Carolina House of Representatives is holding hearings on fraudulent employee…
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