CategoryWorkers' Compensation: Q/A - Philip Garrow LLC
Will There Still Be a Social Security Retirement System?
Q: I am a “30-something.” I dutifully pay my taxes, including the Social Security tax (FICA), every month. Am I wasting my money? Will there be a Social Security Retirement system when I reach retirement age or Disability benefits if I am unable to work?
A: Technically, this is a “political” question rather than a legal one, but I’ll tell you what I know. The Social Security Retirement program was the result of a bill enacted by Congress in 1935, 80 years ago. In 1956 the Disability program was added, initially only for workers aged 50-64. Your FICA taxes fund both programs. There are separate Trust Funds for both programs, though there have been frequent transfers of funds between the Disability and Retirement Funds over the years. You have heard about the possible insolvency of either the Disability Fund or the Retirement Fund, or both, if changes aren’t made soon. The rumors are true. If Congress doesn’t act, both funds could run out of money, despite the fact that you, and nearly every working person in the United States, continues to pay into the funds. The solvency problems are fixable and many smart people, including those in the Social Security Administration, have proposed solutions, some of which are quite simple. It will take political will, and an act of Congress, to put the ideas to work.
Contact an experienced attorney
Work Injury Claim Q and A
Q: I had a work injury several years ago and my back has never been the same. I recently went to the doctor, but the insurance company refused to pay the bill for my work injury. I called the claim representative and was told that because my work injury claim was “closed” I was no longer entitled to treatment. That doesn’t seem fair. Is there anything I can do?
A: The insurance representative is wrong. The law is very clear that injured workers are entitled to medical treatment for their workplace injury for as long as the nature of the workplace injury requires. There is no time limit for a work injury claim. If your doctor agrees medical treatment is necessary and says the treatment is directed at the injury, the service is covered. Palliative treatment, such as physical therapy or acupuncture, will need pre-approval, but is still covered as long as the doctor says the treatment is necessary to keep your condition stable and you are still in the workforce or looking for work. And your claim can be reopened if you need more aggressive treatment, such as surgery. The Workers’ Compensation Act was created to help working men and women, including providing medical treatment and wage loss until the worker is able to return to his or her job.
Contact an attorney or Workers’ Compensation Department
Social Security Disability Benefits Q and A
Q: I recently applied for Social Security Disability Benefits and was told that I did not have enough “credits” to qualify. I do not understand because I worked until I became sick. Is that Right?
A: Social Security actually has two separate disability programs; Supplemental Security Income (SSI) and Social Security Disability Insurance Benefits (SSDIB). SSI is income/asset limited and pays disability benefits regardless of your work status, if you qualify. SSDIB only pays benefits to individuals who have worked at least 40 quarters of coverage (i.e., have paid FICA taxes) and have worked at least 20 quarters out of the last 40. That means if you have not worked for several years, you may not be eligible for Social Security Disability Benefits. You may be eligible for SSI benefits, depending on your assets and family income. You can review the rules by contacting the Social Security Administration at 1-800-772-1213 or go to www.ssa.gov and click on the Benefits link.
If you have applied for benefits and been denied, contact a legal professional
Work Injury Q and A: Insurance Claims
Q: I have a work injury claim and the insurance company representative tells me not to contact a work injury lawyer because the work injury lawyer will just take part of my settlement. Is that true?
A: No. Oftentimes persons with workplace injuries are unable to work and rely on the lost wages (called temporary disability benefits) paid by the Workers’ Compensation insurer. The insurer is also required to pay medical treatment requested by the treating physician to aid in the workers’ recovery after a work injury claim has been filed. Injured workers receive these benefits because they are authorized by Oregon law. Workers’ Compensation laws were designed to protect injured workers from disability and financial ruin and facilitate a quick return to work. Insurance companies are required to comply with the law and pay all benefits accordingly. Lawyers who represent injured workers can advise the injured person and his or her family without the worker paying Worker’s Compensation attorney fees. In most cases any legal fees are paid by the insurance company. The worker may also be entitled to additional benefits or penalties if the insurer is not properly processing medical bills or disability payments.
You can contact an attorney experienced in Workers’ Compensation Law at no charge for a case evaluation. You can also contact the State of Oregon Workers’ Compensation Division for help or with questions. The State Injured Workers Hotline number is 1-800-452-0288.