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Steps in Determining Disability
In evaluating whether an individual is disabled, the Social Security Administration applies what is called a sequential evaluation process. The first step is to determine whether the person is engaging in substantial gainful activity. Simply stated, this means earning too much money. If so, the claim is denied. If not,…
Social Security Disability in cases of permanent disability
People normally associate an on-the-job injury with workers’ compensation benefits. Social Security Disability is another government benefit program that is available to someone prevented from working due to an injury or medical condition. Unlike workers’ compensation that would pay a Charlotte, North Carolina, worker who is partially disabled due to…
May I choose my own doctor when receiving workers’ compensation?
Most employees in North Carolina are covered by workers’ compensation insurance for workplace injuries and work-related occupational disease. Workers’ compensation benefits for medical expenses, lost wages and disability are payable without the necessity of a lawsuit against an employer. One of the tradeoffs associated with workers’ compensation is limitations it…
OSHA woefully deficient in preventing toxic exposure to chemicals
The Occupational Safety and Health Administration was created to protect workers from hazardous conditions in their jobs. But due to numerous changes in the workplace since the agency was created in 1970, as well as pressures from special interest groups, OSHA is failing to protect many workers from common workplace…
The top workplace hazards
Workplaces, from a high-rise construction site to a cubicle office, are meant to be safe for workers. While some jobs may require a harness and hardhat to ensure protection, no employee should have to deal with an unsafe working environment. In fact, that’s why OSHA exists: to make sure every…
Medicare
A social security disability claimant (other than those on kidney dialysis or suffering from Lou Gehrig’s disease) must wait 24 months from the date disability benefits commenced before becoming Medicare eligible. If the individual is eligible for any retroactive Medicare benefits, this information will be included in an Award Certificate…
Proper ladder safety practices
Portable ladders are perhaps one of the most common tools found on North Carolina construction sites. Yet, ladder falls remain a common source of injuries throughout the country. OSHA has set out specific rules regarding ladder use to make sure you are staying safe. First, make sure you are using the…
Death and Title XVI Benefits
When an individual seeking SSI benefits under Title XVI passes away, underpayments of SSI benefits are payable only to the surviving spouse if the surviving spouse was living in the same household with the claimant at the time of death or within six months immediately preceding death. There are other…
What is benzene?
Every day thousands of workers in North Carolina are subject to toxic substances. Most of the time, proper precautions are taken to make sure no harm comes from working with these chemicals. One such substance is benzene. Benzene is naturally found in volcanoes and forest fires. But it is also…
Death and Title II Benefits
Benefits under Title II of the Social Security Act do not die with the claimant. If there are back benefits due and owing at the time of death, these will be paid to a surviving spouse who is living with the decedent. If there is no spouse, the law provides…
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