Ayers, Whitlow & Dressler

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

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Phone:704-594-4317

June 2015 Archives

Medicare

A social security disability claimant (other than those on kidney dialysis or suffering from Lou Gehrig's disease) must wait 24 months from the date disability benefits commenced before becoming Medicare eligible. If the individual is eligible for any retroactive Medicare benefits, this information will be included in an Award Certificate issued by the Social Security Administration. It is important to carefully consider options regarding Medicare Part A, the hospital insurance benefits, Medicare Part B, supplemental Medicare insurance benefits, and Medicare Part D, the prescription drug benefit. Generally, it's a good idea for claimants to accept to take out retroactive Medicare Part B coverage since the premiums are small in comparison to the benefits however, this may not be advisable if the claimant is already receiving VA medical care or a strong private insurance policy. Consultation with a competent attorney is often necessary to formulate the best action available.

Proper ladder safety practices

Portable ladders are perhaps one of the most common tools found on North Carolina construction sites. Yet, ladder falls remain a common source of injuries throughout the country. OSHA has set out specific rules regarding ladder use to make sure you are staying safe.

Death and Title XVI Benefits

When an individual seeking SSI benefits under Title XVI passes away, underpayments of SSI benefits are payable only to the surviving spouse if the surviving spouse was living in the same household with the claimant at the time of death or within six months immediately preceding death. There are other rules that apply to the parents of disabled or blind children that can also be relevant. To collect these benefits, it is necessary to file a Form SSA 1724 with the Social Security Administration.

What is benzene?

Every day thousands of workers in North Carolina are subject to toxic substances. Most of the time, proper precautions are taken to make sure no harm comes from working with these chemicals. One such substance is benzene.

Death and Title II Benefits

Benefits under Title II of the Social Security Act do not die with the claimant. If there are back benefits due and owing at the time of death, these will be paid to a surviving spouse who is living with the decedent. If there is no spouse, the law provides that children entitled to monthly benefits as dependents are next in line, followed by parents with several additional categories potentially applicable. If this takes place, an attorney can assist in determining the proper individual(s) eligible for the benefits and file an appropriate claim utilizing SSA Form 1724.

Scaffolding Safety Tips

Whether you have worked on it or simply seen it, it seems pretty obvious that working on scaffolding can be a very dangerous job. Falling from these structures, even when you are not too far up, can result in some fairly serious injuries, even death. As such, there are specific rules that anyone on scaffolding must follow.

Proper lifting techniques to save your back

For many workers, lifting heavy objects is just another part of the job. Whether you have been unloading trucks for 20 years or just started a warehouse job, it is vital to use proper lifting techniques. Not doing so could lead to a spine injury and other problems, which could leave you unable to work.

From Disability to Retirement

If an individual is approved for social security disability benefits, his or her social security retirement benefits are protected by the earnings freeze, technically known as the "period of disability." What this means is that an individual can receive full social security disability benefits up to his/her normal retirement age at which point they automatically transition to full retirement benefits. This avoids the necessity of filing for early retirement benefits and the resulting reduction in the amount received per month. It's important to discuss all of the implications of these types of decisions with a competent attorney.

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