Ayers, Whitlow & Dressler

The Personal Injury, Worker’s Compensation and Social Security Disability Group of Sellers, Ayers, Dortch and Lyons.

Free Case Consultations Home & Hospital Visits Available
Phone:704-594-4317

August 2014 Archives

Understanding workers' compensation and how we can help

Being injured in an accident on the job can be traumatic in more than the physical sense. Time itself can seem to be disrupted: The accident itself seemed to happen so suddenly, yet the duration of your recovery may seem to take an eternity. You may find yourself feeling like you cannot move forward from the moment the accident happened, replaying it again and again in your mind, wondering if you could have done anything different.

Alcoholism and Drug Addiction

Since March 29, 1996, an individual may not be considered disabled if alcoholism or drug addiction is a contributing material factor to the determination of disability. This does not mean that alcoholics or drug addicts cannot be found disabled, just that it cannot be based upon alcoholism or drug addiction as the disabling condition. Many illnesses and other physical and mental problems caused by alcoholism and drug addiction can serve as the basis for a finding of disability. Also, the individual can be found disabled based on other conditions that would not go away if there was no use of alcohol or drugs. In many of these cases the Social Security Administration will require that a representative payee be appointed to handle benefits if awarded.

Construction: one of the deadliest occupations in North Carolina

Workplace safety is something that the government of North Carolina and many employers in this state go to considerable lengths to emphasize, and for good reason, Every year, no matter how careful businesses and industries try to be, a certain number of workers will die on the job.

How do I pursue a workers' compensation claim in North Carolina?

The procedure for filing a workers’ compensation claim in North Carolina is a series of events that require notifications, the filing of necessary standard forms and meeting certain time restrictions. This post reviews, in general, how the benefit claim process works.

State Agency Physician Opinions

During the early stages of the social security disability application process, your medical records will be reviewed by doctors who have never seen you or examined you at a state agency. These physicians look over the medical records submitted and render opinions about whether or not you can engage in work activity. Often, these opinions are ignored by the Administrative Law Judges; however, it is usually important to obtain special reports from your treating doctors to make sure that the opinions of these non-examining physicians are not used against you.

On The Record Reversal for Award of Benefits

In certain cases, the medical evidence along with the claimant's age, education and work experience, justify a request for an On The Record decision prior to appearing before the Administrative Law Judge. This is usually coordinated with one of the staff attorneys at the social security hearing office. Your attorney would submit medical information that strongly supports an award of benefits along with a letter explaining why the case should be approved without the necessity of a hearing before a judge. Even if an On The Record decision is not issued, you still have the right to appear before the judge and, in many cases, a favorable result is obtained at that point.

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