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Rochester Law Office

New York SSDI Law Blog

Long-term disability program -- CLASS -- repealed in House vote

  • 21
  • February
    2012

The long-term disability program envisioned by the late Senator Edward Kennedy and pushed persistently by him for most of his nearly 50-year tenure on Capitol Hill has apparently died in the U.S. House, where it was repealed earlier this month. Senate Democrats have stated that they do not plan to bring it up for a vote in that chamber.

Governor: State should take over SSI supplemental payment function

  • 17
  • February
    2012

Forty-four states, including New York, provide a state supplemental payment each month to the federal check received by a Supplemental Security Income (SSI) recipient. The great majority of those states administer that program internally.

Not so, New York, which, along with a few other states that include California and New Jersey, contracts out with the Social Security Administration (SSA) to take care of that task.

In defense of SSD: A reasoned and thoughtful view

  • 14
  • February
    2012

As has been clear over the past year, the Social Security Disability program is under fire from many quarters, with critics lining up to offer strong condemnations regarding just about everything associated with it.

The size of the program has been questioned. Critics rail against instances of alleged fraud and abuse by claimants. Some congressional members say that it is being besieged by persons without bona-fide disabilities who are simply interested in getting on the public dole because they are either unemployed or simply don't want to work. The motives and performance of administrative law judges have come under question. Some persons want the program scrapped outright because they say it costs too much.

American territories seek eligibility for SSI program

  • 10
  • February
    2012

Many Americans first became aware while young students that the United States is comprised of more than just its 50 states. Along with those are a number of far-flung territories added over time while the country was in expansion mode, with its borders still uncertain and evolving.

Many territorial inhabitants pay U.S. federal taxes, through which they are eligible to participate in the Social Security Disability program. Eligibility has never been extended to the Supplemental Security Income (SSI) program, and a strong lobbying effort is now underway in Congress to change that.

Intern's lawsuit claims no pay, no workers' comp, no other benefits

  • 07
  • February
    2012

Employers sometimes walk a fine legal line regarding their treatment of unpaid interns at their enterprises. Sometimes that treatment is deemed to be both illegal and unethical, with adverse public relations and legal implications for a company.

Hearst Corporation may have overstepped that line by not paying interns who worked for it full time. Those workers did jobs and tasks customarily done by regular employees, but were paid no wages and were denied the right to receive workers' compensation and employment insurance. A lack of pay also meant, obviously, that they received no credit for Social Security contributions.

Study: Work injuries, illnesses more common than generally viewed

  • 03
  • February
    2012

The majority of people of working age spend an estimated 40 percent or more of their waking hours employed at their respective work sites. Given that, it comes as no surprise to disability attorneys in New York or elsewhere throughout the country that the potential for job-related injuries is high, along with their actual realization, and that workers' compensation benefits necessarily provide for ailing workers.

American Heart Month highlights extent of heart disease disability

  • 30
  • January
    2012

The Social Security Administration uses a "Listing of Impairments" to determine whether an applicant's disabling condition renders him or her eligible for Social Security Disability benefits. The list is quite exhaustive, although it should be mentioned that the absence of an illness or condition from the impairments list does disqualify a claimant from applying for or receiving benefits.

Despite isolated examples, SSD fraud rate on claims is low

  • 27
  • January
    2012

Notwithstanding occasional stories of abuse by Social Security Disability (SSD) applicants falsifying claims and bilking the system, agency officials say that SSD fraud is rare and that the overpayment rate is exceedingly low.

That point is being emphasized in light of recent outrage regarding the system expressed by some politicians on Capitol Hill, who claim that the eligibility hearing process is flawed by understaffed examining offices and hearing judges overburdened by too many claims.

NY court rules in "interruption of employment" workers' comp case

  • 24
  • January
    2012

The workers' compensation system, in New York and elsewhere across the country, is set up to provide for employees who are injured while working on the job, that is, during the course of their employment and during their working hours.

It can be starkly illustrative how often an employer and its workers' comp carrier will appeal a decision awarding benefits to an injured worker, underscoring the need for a hurt employee to secure diligent and knowing worker's comp legal counsel. Without a strong and knowledgeable advocate, a worker's legal rights can be compromised by an employer and insurer that are unwilling to pay for injuries suffered on the job.

"Workers' comp limbo" case spotlights a system flaw

  • 20
  • January
    2012

A workers' compensation case making news out of Arkansas highlights several noteworthy points about the safety net that is operative in every state for employees who are injured while working on the job

The workers' comp program -- from New York to California and encompassing all other states, as well -- is intended to provide for the medical care and lost compensation of employees who sustain an on-the-job injury that precludes them from working for a period of time thereafter.

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