Philip Garrow LLC

Happy Birthday Social Security

This month marks Social Security’s 80th birthday (as well as the 50th anniversary of the Medicare and Medicaid programs). Franklin D. Roosevelt signed the Social Security retirement program into law in 1935. Benefits for dependent survivors were added in 1939. In 1956, disability insurance benefits were added. The Medicare and Medicaid programs were created in 1965.

 

Today, nearly 65 million American men, women and children receive benefits from the various Social Security programs, including retirement, disability, children’s benefits and SSI. According to the most current data from the SSA, the average retired worker receives about $1,335 per month and the average disabled worker about $1,165 per month. Not much to live on, but life-saving for many beneficiaries.

 

Social Security benefits play a vital role in reducing poverty. Without Social Security, more than 22 million more Americans would be poor according to the latest Census data. Most of those are elderly but nearly 1/3 are under age 65.

 

Last month the Social Security Board of Trustees released its annual report on the long-term financial status of the Social Security Trust Funds. The combined assets of the Old-Age and Survivors Insurance and Disability Insurance Trust Funds are projected to become depleted in 2034, with 79 percent of benefits payable at that time. Congress needs to act, and act now, to keep these vital programs intact. Let your Congressional representatives, and candidates for public office, know how important this issue is the country, its elderly and disabled. We want Social Security to continue to celebrate its anniversaries for years to come.
contact a legal professional today!

Social Security Benefits and Worker’s Compensation Benefits Q/A

Q: I am over 60, and disabled from an on-the-job injury. I was just awarded Social Security disability benefits, but those benefits are reduced by more than $1,000 per month because of my workers’ compensation benefits. Is this correct? Is there anything I can do about it?

A: Federal law requires Social Security to reduce your disability benefit if you are also receiving workers’ compensation benefits. However, if you are 62 years or older, you have another option. You can stop your disability benefit and opt to receive your early retirement benefits with no offset because of your workers’ compensation benefit. Once your workers’ compensation claim settles, you can then resume receiving your Social Security Disability Benefits with no offset. The law here is complicated. There are other factors that may influence your decision.

Contact a legal professional

Worker’s Compensation Claim Insurance Question

Q: I filed a workers’ compensation claim for an injury to my hands. The insurance company wants to know every job I have had my entire life and is scheduling me to see one of their doctors. What is going on and do I have to cooperate?

 

A: Oregon Workers’ Compensation Claim law allows insurers up to 60 days to make a decision about accepting a claim. That means within 60 days after you filed your claim, the insurance company is required to do its investigation, which typically includes taking your statement, getting your medical records, and sometimes scheduling a medical appointment. Insurance companies can choose the doctor they send you to. Unfortunately, most of these doctors have an insurance bias and do not always agree with your doctors regarding the nature of your injury and its relationship to your work activities. By law, the injured worker has a duty to cooperate with the insurer’s investigation which usually means giving truthful and complete answers to the insurer’s questions, provided they are relevant to the claim, and obtaining an evaluation arranged by the insurer. You have the right to be represented, at no charge to you, during this process. The insurance companies are required to pay the injured worker’s attorney fees.

If you have questions, contact an attorney

What If My Insurance Company Denies my Work Injury Claim?

Q: I was in a serious accident when I fell off a ladder at work. Now my doctor wants to do back surgery to repair a ruptured disc. He says any more delay may leave me with permanent damage. The insurance company refuses to approve surgery, because their doctor says I have “pre-existing conditions.” My doctor disagrees. Is there anything I can do?

A: Yes, there is. If the insurance company denies any part of your claim or refuses to pay for treatment, you can appeal that decision, usually to a workers’ compensation judge. There is often a strict deadline to take action, so getting help quickly is in your best interests. If your doctor believes surgery is necessary, and sooner rather than later, you should be able to have your health insurance pay while you appeal the workers’ compensation denial. If you don’t have health insurance you may be able to receive help from the Oregon Health Plan or the Seniors and Disabled Services Division of the State of Oregon. Since the insurer will be represented by an attorney, you should get legal advice as well. State law requires workers’ compensation insurers to pay attorney fees for injured workers.

Get a free case evaluation from an experienced lawyer
 

 

Do You Qualify for Social Security Disability Insurance?

Q: I was injured on the job and received 30% disability. I can’t go back to my former job. Do I qualify for Social Security Disability Insurance?

A: Social Security Disability Insurance Benefits (SSDIB) are available to anyone who, as a result of his or her disabling injuries or medical conditions, is not able to return to work. You may qualify for SSDIB if your doctors indicate you are unable to return to your regular work and due to your medical conditions, age, education, and work experience there are no other available jobs you can perform. You can contact your local Social Security office for help filing a Social Security Disability Insurance claim, or go online at ssa.gov. Social Security will get your medical records and determine whether you qualify for benefits. If your claim is denied, you can get help from an attorney at no charge to you unless you receive your Social Security Disability benefits.

Contact a legal professional today!

Is It Too Late to File a Workers Compensation Claim?

Q: I got hurt on the job. My employer told me not to file a Workers’ Compensation claim and he paid my doctor bills. Now, my doctor says I need surgery and my employer won’t help. Is it too late to file a Workers’ Compensation claim?

A: No. It may not be too late. The law requires all Oregon employers to carry insurance to cover the job injuries. Some employers discourage their employees from filing claims for financial reasons, but if you were hurt on the job you can make a Worker’s Compensation claim including medical benefits. Generally, a notice of injury should be made as soon as possible, even if you don’t go to the doctor right away, but at least within 90 days of the accident. If your employer had notice of the injury, you may have up to a year to file a claim. You should contact someone experienced in handling on-the-job injury claims as soon as possible because there are some time limits that cannot be missed. The State of Oregon Workers’ Compensation Division also has people who can advise you how to file a Workers’ Compensation claim.

For assistance, contact a legal professional today!

Work Accidents: Worker’s Compensation Claims

Q: I was seriously hurt when a crane operator failed to properly secure a load, which fell and knocked me off a roof. I have multiple broken bones and probably won’t be able to return to my construction job. I am in considerable pain and my life will never be the same. Am I out of luck?

A: You are definitely not out of luck. Under these circumstances, you are protected by workers’ compensation laws. The workers’ compensation insurer is required to pay your bills and pay you lost wages while you recover from your injuries. You are likely eligible for vocational retraining to get you back to work at a new job which considers your new physical limitations. You may also eligible for Social Security benefits while you recover from your injuries, if you are off work for 12 months. And you may be protected by Employers’ Liability laws which protect workers from the negligence of third parties and other workers on the job site.

Contact an experienced attorney

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