In this article, you can discover… Important recent changes that have been made to Social Security Disability law. Whether 2025 eligibility changes will make it harder to qualify for SSDI in North Carolina. How an attorney can help you navigate these changes and any challenges to your case. What Key Changes Have Been Made To Social Security Disability Laws In The Last Year? In the last six months, there have been several changes to the Social Security Administration, especially with respect to staffing, overpayments, and how people interact with Social Security. For example, it used to be that if the Social Security Administration overpaid a claimant in error, they were given a grace period to repay the amount. Lately, the rules have been leaning more towards stringency regarding how quickly those benefits need to be paid and whether the Social…Read More
This issue was addressed by the North Carolina Court of Appeals in Lequire v. Southeastern Construction and Equipment Company, Inc. (2020). In this case the North Carolina Court of Appeals ruled that if an employee is injured while working in another State, the injured employee may be able to bring a workers’ compensation claim in North Carolina if there is evidence proving that the contract for employment was made in North Carolina, the employer’s principal place of business was in North Carolina, or the employee’s principal place of business was in North Carolina. Should you have any questions about this or any other issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.Read More
This issue was addressed by the North Carolina Court of Appeals in Jackson v. The Timken Company (2019). In this case the injured employee suffered a stroke at work. However, there was not sufficient medical evidence to prove that the stroke was caused by the injured employee’s work for the employer and based on this the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits. The injured employee then asserted a claim in civil court for medical negligence against the employer and the employer’s company nurse based on alleged negligent diagnosis and treatment for the injured employee’s stroke. The North Carolina Court of Appeals ruled that when the North Carolina Industrial Commission lacks jurisdiction to rule on a claim for workers’ compensation benefits, there is nothing that bars an injured employee from asserting a claim in…Read More
This issue was addressed by the North Carolina Court of Appeals in Holland v. Parrish Tire Company (2019) In this case the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits based solely on finding of fact regarding the medical records for the injured employee’s injury. The North Carolina Court of Appeals, however, ruled that the North Carolina Industrial Commission must consider the testimony of the injured employee’s treating physicians and make findings of fact regarding this testimony when ruling on an injured employee’s entitlement to workers’ compensation benefits. Because this was not done in this case, the North Carolina Court of Appeals sent the case back to the North Carolina Industrial Commission to consider the testimony of the injured employee’s treating physicians and make additional findings of fact concerning this evidence when providing a new…Read More
In this article, you will discover: How long do SSDI benefits last after approval Whether SSDI recipients are eligible for Medicare benefits Whether you can work while receiving SSDI benefits Myth #1: Most People Get Denied SSDI Benefits Their First Time Applying That is not a myth. Thousands of people apply country-wide, and less than half are approved the first time. If you plan on applying for disability, don’t let that initial denial get to you. People who are often approved early on are older. They have severe conditions such as cancer. In most cases, the oldest and most unskilled workers are approved initially. Myth #2: SSDI Benefits Last Forever Once Approved That is a myth. Social disability benefits rarely, if ever, last forever. The Social Security Administration (SSA) routinely reviews social security cases. Suppose you're in your early 50s,…Read More
This issue was recently addressed by the North Carolina Court of Appeals in Porter v. Goodyear Tire and Rubber Company (2024). In this case the injured employee was assigned work restrictions due to a work-related injury. The injured employee was performing a position for the employer within the assigned work restrictions, which did not pay the same pre-injury wages each week. The employer arguably had other positions the injured employee could apply for which may have resulted in the injured employee receiving the same pre-injury wages. The North Carolina Court of Appeals ruled that it is not enough for an injured employee to just compare The Pre-Injury Wages to the wages being received in a new position within the assigned work restrictions. Instead, the North Carolina Industrial Commission when ordering payment of partial disability checks for an injured employee must receive evidence…Read More
The answer to this question is, sometimes. This issue was recently addressed by the North Carolina Court of Appeal in the case of Blackwell v. N.C. Dept. of Public Instruction (2024). This case dealt with an injured employee who due to her workplace injury was determined to be permanently and totally disabled from returning to any type of work in the future. The injured employee requested a lump sum payment for her future disability checks instead of continuing to receive the disability checks on a weekly basis. The North Carolina Court of Appeal noted that pursuant to N.C. Gen. Stat. 97-44, whenever any weekly payments have been continued for not less than 6 weeks, the North Carolina Industrial Commission may in “unusual cases” order a lump sum payment for future Disability Checks, if it is in the best interest for the…Read More
The North Carolina Supreme Court recently addressed this issue in Kluttz-Ellison v. Noah’s Playloft Preschool (2024). In this case the injured employee had a total knee replacement surgery prior to her work-related injury, and she had struggled with weight issues for many years prior to her work-related injury. The injured employee’s treating physician determined that her injury at work caused the need for her to undergo surgery to address the loosing hardware for her prior total knee replacement surgery. However, the injured employee’s treating physician recommended she undergo bariatric weight loss surgery prior to the additional surgery for her knee. The issue which ultimately came before the North Carolina Supreme Court was, what medical treatment is “directly related” to the injured employee’s injury at work such that her employer would be responsible for payment for the medical treatment? The North Carolina Supreme…Read More
The answer to this question is ABSOLUTELY! And you may also need a vocational expert to testify that you are not able to find new employment as well. This was recently highlight by the North Carolina Court of Appeal in Fenty v. Wake County Public School System (2024). In this case an employee was injured at work in February 2020 and the employer agreed to provide payment for medical treatment and weekly disability checks for the time the employee was missing from work. A hearing later occurred in this matter before the North Carolina Industrial Commission in September 2021, wherein the employer was requesting an Order allowing them to stop payments for weekly disability checks to the injured employee. The evidence before the North Carolina Industrial Commission was that: The injured employee was assigned permanent work restrictions due to the injury…Read More
In this article, you will discover: The documentation you should collect before an SSD hearing The questions you should be prepared to answer at an SSD hearing Common mistakes to avoid at an SSD hearing What Documents Should I Gather Before The Hearing? Your representative at the hearing will gather all the documents. The documents that are most critical to the case are the medical records. The medical records include longitudinal treatment histories showing any impairments or symptoms and how those impairments affect your activities of daily living. You want to ensure that all test results, MRIs and blood work are included. Quite often, medical facilities only include daily visits. You also need to show that if you received any income after you became disabled, that income is from some retirement account, a payout from a worker's compensation claim or…Read More
