The Social Security Administration imposes strict requirements for claimants attempting to be approved for Social Security disability benefits. For instance, the claimant must not be capable of performing their past relevant work. That is, the claimant must not be able to retain the functional ability to perform the type of jobs they performed during their last 15 years. Another requirement is that the claimant must not be presently working and earning substantial gainful activity. Substantial gainful activity means the ability to earn approximately $1,200 per month. Earnings over the substantial gainful activity threshold will prevent the claimant from being approved for disability. Another requirement is that the claimant must suffer from at least one severe impairment that lasts, or is expected to last, at least 12 months. What Is The 12 Month Durational Requirement? The 12 month durational requirement just…Read More
Applying for Social Security disability benefits can be a long process. Few claimants are approved initially. After an initial denial, there are time limits to file for reconsideration or to request a hearing. It can take months for the Social Security Administration to schedule a hearing. To make matters worse, the Social Security Administration expects the claimant to notify them if something important happens while their claim is adjudicated and even after they are approved for benefits. Cardinal Law Partners has the experience to know the types of events that the Social Security Administration needs to know about so that benefits are not jeopardized. What Types Of Things Are Required To Be Reported? The Social Security Administration requires many things be reported. A claimant is required to report the following to the Social Security Administration: If your mailing address changes.…Read More
Workers should not downplay the importance of scaffolding safety. Many of the injuries that workers suffer at the workplace are from falls. Unsafe scaffolding can be a big contributor to falls at the workplace. Scaffolding injuries can be unique in that the injured worker may not only have a workers’ compensation claim against the workers’ compensation carrier of the their employer, but if the scaffolding was set up and maintained by a general contractor, there might be a third party claim against them. At Cardinal Law Partners, we have years of experience working with workers’ compensation claimants to ensure they get proper medical treatment they deserve as a result of their scaffolding injury. What Is Scaffolding? Scaffolding is a temporary structure outside of a building that is used to help repair, build, and clean a large structure or building. Frequently,…Read More
It can take years from when a Social Security Disability application is completed to when a claim is ultimately adjudicated. These long waiting times are typically caused by the large number of applicants filing for disability benefits every year. Even if a claimant’s application is approved, he or she may still need to provide proof of disability long after the initial approval. The reason: the Social Security Administration conducts continuing disability reviews (CDR) for SSDI and SSI claims. Understanding Continuing Disability Reviews Continuing disability reviews are conducted by the Social Security Administration to determine whether beneficiaries are still entitled to Social Security Disability and Supplemental Security benefits. A CDR may be appropriate in the following scenarios: A CDR may be used to determine whether a beneficiary’s health has improved. A claimant who has an existing disability does not mean that…Read More
The North Carolina Workers’ Compensation Act requires injured workers file workers’ compensation claims with the North Carolina Industrial Commission within two years of the date of injury or within two years of the defendants’ most recent medical compensation. This will be the procedure unless the defendant has accepted liability for the claim; he or she files an acceptance of liability with the North Carolina Industrial Commission. North Carolina Board Certified Workers’ Compensation Attorneys from Cardinal Law Partners have helped many clients address these issues through their years of practice. About The Form 18 In order to avoid the two year Statute of Limitations for filing a claim for workers’ compensation benefits, a Form 18 (Claim of Employee) must be filed by the employee or employee’s attorney with the North Carolina Industrial Commission within two years of the date of injury.…Read More
Years ago, the North Carolina Industrial Commission instituted rules for mediations in workers’ compensation claims processes. When an individual requests a hearing before a Deputy Commissioner, the Industrial Commission will require all involved parties to resolve their disputes via Workers’ Compensation mediation. Although the parties are not obliged to reach an agreement, agreements are reached typically more than 75% of the time. Why Are Workers’ Compensation Mediation Services Needed And How Do They Get Scheduled? Disputes arise in many Workers’ Compensation claims. Disputes can appear from the very beginning when the Workers’ Compensation carrier denies a claim. Rejections can also occur months into a claim and/or over the proper course of medical treatment. Any claimant may request a hearing before the Industrial Commission to get an opinion on the ongoing dispute. The Industrial Commission, however, will typically order a mediation…Read More
It does not happen often, but Workers’ Compensation claims do get thrown out by the North Carolina Industrial Commission. Although injured workers have rights pursuant to the North Carolina Workers’ Compensation Act, they must be preserved. Provide Written Notices When Needed The North Carolina Workers’ Compensation Act requires notices in a few key areas. Injured workers need to notify their employers within 30 days from the date of accident. You can skip this step if the employer already knows that a workplace injury has occurred. For example, he or she was the person who requested a medical response team. Although this is a written notice, it does not necessarily need to be a formal incident report. An email, a text, or even a handwritten letter will suffice. After informing your employer, don’t forget to notify the Industrial Commission of your…Read More
Are You Experiencing Difficulty Seeking Regular Medical Treatment? Regular medical treatment is a key component of any Social Security Disability claim. The Social Security Administration relies heavily on medical evidence when evaluating claimants who suffer from physical disabilities. Without regular medical treatments, there are no medical records. As a result, no evidence can be evaluated. What Prevents People From Seeking Regular Medical Treatment? When an individual stops work due to disability, there is often an effect on the person’s ongoing medical treatment. Some reasons why people have difficulty obtaining regular medical treatment include: The most common reason claimants have difficulty obtaining regular medical treatment is cost. Once a person leaves work, his or her personal health insurance coverage may stop. Even if one can get health insurance through a spouse, there are co-pays and deductibles that make regular medical treatment…Read More
The North Carolina Industrial Commission is vested as a court of exclusive and original jurisdiction by the North Carolina General Assembly. It was established to adjudicate and administer the North Carolina Workers’ Compensation Act and all claims filed under it. The responsibilities of the North Carolina Industrial Commission include overseeing and facilitating trials of contested cases, as well as administering non-contested cases. Workers who were injured on the job or contracted an occupational disease can claim statutory disability and medical benefits as ordered by the North Carolina Industrial Commission. About North Carolina Industrial Commission’s Full Commissioners The North Carolina Industrial Commission consists of six Full Commissioners. They are appointed by the Governor of the State of North Carolina for a six-year term. Appointments of Full Commissioners are subject to confirmation by the North Carolina General Assembly by joint resolution. Three…Read More
Passengers who were injured in car accidents typically have an easier time recovering for their physical injuries than drivers. they must, however, prove the validity of their case. For example, car accident victims who are seeking compensation for their personal injuries must prove negligence (duty and breach of duty), as well as damages (injures). Since passengers have no control over the vehicle, the process of proving their innocence is more straightforward than handling issues pertaining to at-fault drivers (the driver of the car they are traveling in or the driver and/or owner of the vehicle that hit them). Affected passengers should handle their car accident cases like how they file personal injury claims. They must show that the person at fault was negligent. To prove negligence there are three elements to address: Duty Breach of Duty Damages Accidents occur when…Read More
