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May 2011 Archives

Compassionate Allowances in Social Security Disability

There is a list of conditions which Social Security has deemed "Compassionate Allowances" and almost always results in an award of Social Security Disability benefits. This list of conditions is as close as Social Security comes to a guaranteed award of may 2011 image.jpgbenefits based on diagnosis alone. The list includes many forms of cancer including acute leukemia, esophageal, gallbladder, liver and pancreatic. It also includes diagnoses of ALS, early-onset Alzheimer's and Leigh's Disease. The conditions identified as Compassionate Allowances are conditions that are not expected to improve, even with aggressive treatment.

New Labor Dept. app to help workers log hours under FLSA

The United States Labor Department has created a new tool to help workers and employers sort out hours under the Fair Labor Standards Act. Overtime pay under the Fair Labor Standards Act has been the largest wage and hour law issue every year across the nation. Hourly employees and employers fight each other every year over additional hours spent on the job and about proper compensation. Like so many other issues, there is now an app for that.

Negative Statements by Claimant's Doctor Show He's Unbiased

This long-term disability benefits case was a clean victory for our client "Kim", a native of Hawaii. Kim was a Reservation Tickets Sales Representative for United Air Lines. United purchased disability coverage for its employees through MetLife.

SSA investigates Social Security Disability judge

The Social Security Administration has begun an investigation of a Social Security Disability judge with a high award rate. The investigation operated by the Social Security Administration's inspector general's office was initiated when United States Senator Orrin Hatch questioned the process of how Social Security Disability benefits are awarded and the high rate of appeals approved by one administrative law judge.

How to inform your employer of your maternity leave - part 3

Over the last two posts we have discussed taking time under the Family Medical Leave Act for maternity leave and how to approach and inform your employer of your leave when the time comes. In this post we will finish up that conversation. Last time, we left off on the use of vacation or sick days to expand your unpaid leave time.

How to inform your employer of your maternity leave - part 2

Last time, we partly discussed how to inform your boss about your maternity leave time under the Family Medical Leave Act. Under the Family Medical Leave Act, eligible employees may take up to 12 weeks of unpaid time for maternity leave and the law also guarantees the return of your position or a similar position after the completion of your leave. In this post, we will continue to talk about how to inform your employer of your maternity leave.

Am I entitled to unemployment insurance if I quit my job?

As is often the case with unemployment benefits, it depends on the circumstances. In Wisconsin, the presumption is that if an employee quits his job, he is not entitled to unemployment insurance benefits. However, there are some exceptions. As discussed in a previous post, an employee who attempts to protect his job and still must quit because he is charged with caring for a sick relative can qualify for benefits.

How to inform your employer of your maternity leave

For eligible employees, the Family Medical Leave Act entitles workers to 12 weeks of unpaid maternity leave and guarantees the return of your job or similar position after your leave period. Sometimes planning to tell your boss about your pregnancy and maternity leave can be more difficult than planning for your pregnancy. In this post, we will talk about the steps to take when informing your boss of your leave time.

New Fair Labor Standards Act rule helps nursing moms

In March 2010, a new rule under the Fair Labor Standards Act took effect that required employers to provide nursing mothers sufficient breaks to pump breast milk and clean, private areas to do so during the first year of a newborn's life. The rule is a federal rule and many states have their own unique state laws on the issue. Despite the new labor law, many workplaces have failed to implement the new federal policy.

SSA findings should be considered when deciding long-term disability benefits

Recently, a federal court ruled in favor of awarding an employee long-term disability benefits, but the insurance company that provided the long-term disability policy plans to appeal the federal district court's ruling. The federal district court judge that heard the initial case found that the insurance company had failed to consider the Social Security Administration disability decision in favor of the employee when the company failed to award the employee long-term disability benefits.

How Daily Activities affect Social Security Disability Applications

A finding of disability does not require an individual be homebound or bedridden. Disability is not defined by a claimant's lack of ability to perform any task or participate in any sort of activity, but rather by the claimant's ability to perform sustained activity on a regular, daily basis for an extended amount of time without interference by their medication condition, medication or side effects.

By 2013 all Social Security Disability Income beneficiaries will receive checks electronically

Over the next two years Social Security Disability Income beneficiaries and those receiving other federal benefits including Social Security will receive their benefits checks by electronic means. The United States Department of Treasury will no longer issue paper Social Security checks and will issue benefits through its Go Direct program. Through Social Security's Go Direct program, beneficiaries will receive their benefits either by direct deposit or on a prepaid debt card.

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