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August 2011 Archives

Family and Medical Leave Act nice but lags behind many other countries' benefits

A recent spat between a female Fox News anchor who had just returned from maternity and a talk show host has revealed that some people are not familiar with the Family and Medical Leave Act and the benefits applicable employees are entitled to under the Act.

Mistaken deaths temporarily stop disability benefits - Part 2

During our last post, we wrote about how thousands of Americans are incorrectly reported as dead to the Social Security Administration. The mistaken death reports, though made innocently, have a real and detrimental impact on those who receive Social Security Disability Income and other federal benefits. Last time we also spoke about the story of one woman who was mistakenly reported as dead, and this time we will talk about what can be done if the same thing happens to you.

Social Security Disability - Understanding Your Medical Records

First and foremost, Social Security disability requires that a claimant meet the definition of "disabled" on a medical basis. The medical basis for a finding of disability is most often found in the medical records of the claimant, created by his treating physician(s). For that reason, it is important to understand what information is included in the medical records.

Mistaken deaths temporarily stop disability benefits - Part 1

Every year thousands of Americans are incorrectly reported as dead to the Social Security Administration. The mistakenly reported information of people who have actually passed can seriously impact the lives of individuals who receive Social Security Disability Income. In this post and the next, we will discuss the story of one woman whose disability benefits were terminated because of mistaken information and talk about what you can do if it happens to you.

People with disabilities suffer higher unemployment rate

While the Americans with Disabilities Act generally prohibits discrimination based on disability and ensures that employers provide reasonable accommodations for workers with disabilities, the Act does not ensure full-employment for those with disabilities. While unemployment remains a deep-seeded problem for many, particular groups of people have been disproportionately affected by the slow-growth recovery. One such group is people with disabilities.

Deaf man files complaint claiming nudist festival violated ADA

Have you ever tried to put yourself in the shoes of another person? Imagine the ease with which you are able to go out into the everyday world is related to the circumstances of the place you want to visit. A snow bank may block access to a sidewalk, an entrance-way may not be large enough or a bathroom may be inaccessible. Under the Americans with Disabilities Act, certain accommodations generally must be made and barriers must be removed to facilitate access.

Berry farms fined under FLSA for illegally employing children

Three berry farms were recently fined under the Fair Labor Standards Act for illegally employing children as young as six years old. Officials with the Labor Department discovered nine children between the ages of 6 to eleven who were working with their parents harvesting berries. The three farms located in Washington state were collectively fined $73,050.

Debt deal allows for more disability benefit reviews

The debt deal created and signed into law at the beginning of the week, will not cap the Social Security Administration's ability to conduct continuing eligibility reviews on those who received Social Security Disability Insurance. The debt deal created an exemption to spending caps in order to allow the agency to conduct more reviews and an increased number of reviews may lead to cost savings for the agency.

Heart disease and Social Security Disability Insurance

Heart disease affects millions of Americans and many people in the United States who have heart disease and are unable to work because of the disease turn to Social Security Disability Insurance for support. Those who have heart disease and look to Social Security Disability for assistance may have an easier time applying in the future. The Social Security Administration is currently considering whether to add heart disease to its list of conditions that qualify for a Compassionate Allowance.

New Social Security Disability applications no longer accepted while a previous claim is pending

July 2011 image.jpgWhen an application for social security disability benefits was denied by an Administrative Law Judge, claimants were usually left with four options: (1) file a new claim, (2) appeal the Judge's decision, (3) do nothing, or (4) appeal the Judge's decision AND file a new claim. As of August 1, 2011, the last option above is no longer available to claimants.

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