Ayers, Whitlow & Dressler
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July 2014 Archives

How OSHA works to enforce employer obligations and worker rights

News accounts about workplace accidents, whether they happen in North Carolina or elsewhere, often refer to investigations by the Occupational Safety and Health Administration. These accounts can lead some who are unfamiliar with how OSHA works to conclude this government agency only gets involved after an accident takes place, and that its main function is to punish employers with fines.

Do All Medical Records Have to be Submitted in a Social Security Disability Case?

In North Carolina, it is not necessary to submit a specialized report obtained from a physician that is not helpful in a social security disability case. However, copies of medical records produced by a doctor's office as part of regular or ongoing treatment are submitted even if they contain unfavorable information. In that case, efforts can be made to either correct erroneous conclusions by the doctor or obtain enough information from other treating physicians to negate the damage done by a negative medical report. This is a sensitive area and you are strongly urged to consult with a competent attorney about the best way to handle this type of issue.

Submitting Medical Records to the Social Security Administration

The most common way of submitting records to the Social Security Administration in a disability claim is electronically. One of the primary jobs that an attorney has is to regularly supplement the medical evidence as you receive treatment during the pendency of your claim and special reports are issued by your treating physicians. It is our practice to provide copies of medical records submitted to our clients so they can see what the doctors are saying about their condition or limitations.

Construction worker injured in fall from tractor

Many activities involved in construction require licensing by employees and employers. North Carolina laws have been put in place for construction companies to ensure that they have trained employees who are capable of handling complex machinery and able to operate construction vehicles.

Construction worker falls to his death during old boiler removal

Construction accidents can take many forms, and are not always connected with the erection of new structures. Sometimes they can occur when workers are in the process of removing an existing structure or large piece of equipment.

Consultative Examinations

It is common in most social security disability applications for the Social Security Administration to schedule appointments for you at their expense. Often the physicians who do consultative exams are either new doctors attempting to start their practice or older physicians who have not been able to build a practice. If a consultative examination is scheduled for you it is generally necessary for you to attend. If so, please make sure you fully explain to the consultative doctor all that is wrong and, if you are represented by attorney, discuss what will take place with your lawyer.

Could undocumented immigrants lose workers' compensation?

When an individual goes into work each day, particularly where manual labor is involved, it can be strenuous and grueling. It can at least be reassuring to know that after an injury workers' compensation may alleviate some of your concerns, especially monetarily.

Questionnaires for Treating Physicians and the Listing of Impairments

The Social Security Administration has identified certain medical conditions as sufficiently severe to automatically qualify for benefits. A confident social security disability attorney is familiar with this information and, in appropriate cases, can provide copies of pertinent regulations to your treating physicians for review. If the doctor identifies that your condition meets these requirements, it greatly increases the likelihood that you will receive social security disability benefits. Unless asked, physicians do not automatically know about this information, making it vitally important that you obtain a competent attorney to check into this aspect of your claim. 

North Carolina law aimed at averting roadside workplace injuries

When we think of workplace accidents in North Carolina, some of the things that come to mind are toxic exposure at a chemical plant, a slip and fall at a grocery store, a piece of material falling at a construction site, or perhaps a forklift accident at a warehouse.

Questionnaires for Treating Physicians

One of the most valuable services a competent attorney can provide in your social security disability case is preparation of questionnaires for your doctors to complete. Usually office notes and other medical records focus on diagnosis and treatment, not the impact that these conditions have on your ability to function in a job setting. Questionnaires prepared by your attorney and completed by the physician are one of the best ways to bridge this gap and provide the kind of evidence necessary to win your social security disability case. Generally, the attorney will review the medical records and craft a questionnaire consistent with the physician's findings and applicable to the social security regulations and guidelines.

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