Ayers, Whitlow & Dressler

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

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November 2013 Archives

Social Security Disability On the Record Review

Sometimes, particularly for individuals seeking disability benefits who are over 60 years of age or who have life threatening conditions documented by medical evidence, it is possible to obtain a favorable decision at the hearing level without even going in front of a judge. Senior attorneys at the hearing offices have the ability to review claims to determine if an on-the-record decision awarding benefits would be appropriate. To obtain this type of relief, it is essential that significant cooperation exist with an individual's treating physicians and the right kinds of records are presented to the senior attorneys.  For more information about the Social Security disability process, contact us today. 

Walmart still hasn't paid for 5-year-old death claims

Retail workers of North Carolina are likely aware of what a hectic time Black Friday can be. With the holiday madness and outrageously low prices on gifts, it's enough to bring out the worst in people -- and it often does. The people often hear about pushing through lines and even fighting for items, but the saddest of the stories are when innocent workers die in these fights, while just doing their job. Five years after a Walmart employee died in such an incident, the company still refuses to compensate for the death claims of the employee.

Many North Carolina businesses appealing those injured on the job

The worst thing any North Carolina family can go through, is to have the sole bread-winner of the family injured on the job -- or even killed. Livelihood is taken away, and many families are left struggling until workers' compensation benefits kick in. When a death or injury takes place in a working environment, the Occupational Safety and Health Administration always evaluates, and if there are safety hazards present, the company will be fined. Many North Carolina families suffer when a worker injured on the job does not get the justice they feel they deserve as a result of the company disputing the fines they receive.

Three Steps to a Hearing

It is not unusual for a disabled individual to receive a denial letter from the Social Security Administration. The next step is to file a request for reconsideration, which often also results in a denial. Do not be discouraged. Many, many deserving individuals obtain Social Security disability benefits at the third stage of the appeal process - a hearing before an administrative law judge. Obtaining competent legal representation at the reconsideration level is often advisable so that when the ALJ looks at the case, he or she sees medical support for the claim beginning early in the disability process.  For an initial consultation with a skilled attorney, contact us today. 

North Carolina workers may see more reports of a work injury

Many residents of North Carolina know that it is common to acquire a work injury or illness; however, what many may not know are the specifics surrounding the injury or illness. The Occupational Safety and Health Administration wants to change this sooner than later. OSHA wants to enforce and regulate the amount of work injury accidents and injuries, and even make them public knowledge.

Workers' Compensation and Social Security Disability Benefits

In some cases, an applicant's SSD benefits will be reduced if they are receiving workers' compensation benefits. The Social Security Administration does not allow a person to receive combined workers' compensation and SSD benefits that exceed 80 percent of the individual's average current earnings prior to the onset date of disability. For high wage earners, the offset is often small, and under current law, settlement of a workers' compensation claim can often completely remove the offset and result in a significant increase in SSD benefits.  For more information, contact us

State fair work accident critically injures man

North Carolina residents who make annual trips to the State Fair are familiar with the wide variety of rides and attractions that the yearly event offers. Many are drawn to the thrill rides, and the exhilaration that comes with the sense of danger that these rides provide. However, the real dangers that come with amusement park rides is posed to the workers who assemble and disassemble these machines. One recent work accident exemplifies this truth.

Alcoholism and Drug Addiction

Alcoholism and drug addiction may not be considered as disabling impairments by the Social Security Administration; however, someone who has a drug or alcohol addiction may nevertheless be found disabled if the alcoholism or drug addiction is not "a contributing factor material to the determination of disability." There are a couple of common misunderstandings about this issue. First, a health problem resulting from alcoholism or drug addiction may be the basis for disability. Many people dealing with alcohol or drug addictions end up with severe liver disease, organic brain syndromes, or other problems that can be the basis for approval of benefits. The hope is that approval of benefits will enable an individual to obtain medical help and assistance for all contributing factors to their inability to work.  For more information, contact us today. 

North Carolina fair causes work injury to man taking down ride

When a North Carolina employee goes to work, the last thing he or she expects is to get hurt. Workplace injuries are actually becoming more common for many employees, though. With more of these incidents occurring, workers' compensation claims have been growing as well. A recent case of a North Carolina employee suffering a work injury could also lead to a workers' compensation claim against his employer, if he chooses.

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