Aging increases the probability of a disability since our bodies become less resistant to injury and illness. People older than 50 years of age are considered disabled if they are unable to perform their past relevant work and are confined to sedentary work activities.
If you are in your 50s, social security can consider your education, experience, and age to determine if you are disabled. Continue on to learn more about if you qualify for disability benefits:
Common disabilities that claims are filed for include:
If you are 50 or over, and no longer able to perform your job due to a disability, it may be a challenge to transfer your skillset to other types of work.
Social Security Disability benefits are another form of compensation that may be available to qualified disabled workers. Although workers of any age are eligible for Social Security Disability benefits after claiming a disability, there are special rules for older workers to simplify obtaining disability benefits.
Workers in their older years might not be required to adjust to a new type of work even if they are physically able to.
There are four categories used by the Social Security Administration to determine your workload:
Even sedentary workers between the ages of 50 and 54 may be eligible for disability benefits. People between 55 and 59 could be eligible even if they can perform light work, and those between the ages of 60 and 64 could collect Social Security Disability benefits even if they can perform medium-level activities.
At Regas & Haag, Ltd., we handle all aspects of Social Security Disability cases. If you think you may be eligible for disability benefits call us today at 330-649-9102 to learn how we can help you get the benefits you qualify for.Read Full Article
Have you recently been injured? Working with a Social Security disability attorney can improve your probability of receiving the benefits that apply to your situation. Here are a few ways that hiring an attorney can help:
Lawyers know your rights and can persuasively argue on your behalf in relation to the benefits you deserve after a personal injury. Their knowledge may help them to cite the rules and laws specific to your case.
You might be surprised to learn that making a Social Security disability claim late can potentially lead to an automatic denial. Attorneys are familiar with the deadlines involved and can help you prepare and submit your application well before the deadline.
If this is your first time connecting with the Social Security office or testifying before a judge at a hearing—the experience can be intimidating. Your attorney can handle many of these details on your behalf.
An attorney can also work with you to help strengthen your claim. Sometimes, seemingly inconsequential pieces of evidence or statements can make all the difference—so there are many benefits to having an expert on your side to support you through the process.
The rule of thumb is always “the sooner, the better.”
If you are considering filing for a disability claim, you should contact an attorney for a consultation meeting. Getting legal support and assistance beforehand can help you determine the strength of your case and assist you in submitting your initial application. Legal representation is not required, but the likelihood that you will be approved is greater if you have legal counsel on your side.
At Regas & Haag, Ltd., we handle all aspects of your Social Security Disability case. This includes getting in contact with your doctors to obtain your medical records and reports, filing all appeals on your behalf, and preparing you for your hearing.
For advice and guidance for your disability claim, call us today at 330-649-9102 to get started.Read Full Article
Social Security disability benefits are rarely terminated due to medical improvement, but that does not stop them from trying. The SSA has been reviewing cases in recent months to determine cases where medical improvement has occurred and they can stop payments for benefits. These are called cessation cases.
When and How Cessation Cases Happen
The SSD process does not end when you receive benefits. Social Security is required to review your case periodically. If the Social Security Administration determines your disability has improved enough for you to work, you will no longer receive benefits. If you face a Continuing Disability Review (CDR), your case will be forwarded to the Disability Determination Service (DDS) in your area.
Appealing a Cessation of Benefits
You will have 60 days to request an appeal, which consists of an informal hearing before a Hearing Officer. At the hearing, you can present additional evidence, call witnesses, and testify about your conditions.
What is the Standard for Evaluating Medical Improvement?
During a CDR, Social Security uses the Medical Improvement Review Standards (MIRS). If you were found disabled because you were unable to stand or walk for more than an hour in an eight-hour day, you would qualify for disability benefits. If you feel better, but you cannot stand or walk for an hour, your medical improvement is not related to your ability to work, and your benefits continue.
It is the Social Security Administration’s responsibility to prove that you are capable of returning to work. It is much harder to lose your benefits than to gain them since you initially demonstrated you are disabled. Nonetheless, disability cessations can occur.
How Can Regas & Haag Help?
Even after being awarded disability benefits, there are still hurdles to maintaining your status with the SSA. Learning about the CDR process can help you be better prepared for a periodic review.
Regas & Haag handles every aspect of your Social Security Disability case, including communicating with your physicians, obtaining medical records and reports, filing all appeals on your behalf, preparing you for an Administrative Law Judge hearing, and appealing through Federal district court. Contact us today by filling out the form on our website, or by calling us at (330) 649-9102. Remember—there are no attorney fees until you win.Read Full Article
According to the US Bureau of Labor Statistics, there were over 5,000 work-related fatalities in the United States in 2018, with over 150 deaths in Ohio alone. If your family member has been seriously injured or killed in a workplace accident, you may be entitled to compensation. Learn more about the difference between workers’ compensation and employers’ liability and how it relates to workplace fatalities.
Workers’ compensation is an employer insurance program designed to compensate workers who are injured while performing their duties. This compensation is intended to cover the cost of medical bills associated with illness or injury and compensate for lost wages if the employee is unable to continue working. In the state of Ohio, all employers must provide workers’ compensation benefits to their employees.
On the other hand, employers’ liability covers incidents—such as illness, injury, or death—due to negligence. Workers may also file an employers’ liability claim if they feel that workers’ compensation does not adequately cover their expenses.
Surviving family members should file a wrongful death claim following a workplace fatality if they believe that the employer is at fault. To file a wrongful death claim, plaintiffs need to prove:
The purpose of a wrongful death claim is to seek compensation for damages above and beyond what workers’ compensation may provide. This includes, but is not limited to, loss of the decedent’s potential future earnings, loss of possible inheritance to the decedent’s current heirs, emotional anguish over the decedent’s loss, and more.
In Ohio, only the personal representative of the deceased may file a wrongful death claim. The statute of limitations for wrongful death claims in Ohio is two years.
At Regas & Haag, Ltd, our attorneys handle a wide variety of workers’ compensation and wrongful death claims. If you believe your loved one was wrongfully killed while working, we can help. Visit our website or call (330) 649-9102 to get started.Read Full Article
When a worker suffers from a serious injury while on the job, the lasting damage can greatly impact the individual’s life. Whether the incident has made it difficult or impossible to work for a short time, or for the rest of their lives, the employer must be held responsible for the incident and its impact on the employee’s future.
When you are injured because of your job or if you have developed a work-related illness, there are laws that can help you to get the compensation you deserve for the loss you have suffered. However, it’s important to understand the Ohio workers’ compensation laws to ensure you are compensated fairly.
The workers’ compensation system in Ohio will provide funds for individuals who have suffered injuries or for any health issues caused due to the work required. These funds are specifically meant to cover medical expenses and lost wages as a result of the harmful work incident in an effort to provide peace of mind and fair compensation for the injured employee. However, it’s important to note that claimants only have one year to put forth their claim for review.
As an injured worker in Ohio, you have rights. You deserve to be treated fairly and to receive the appropriate care and compensation which you are entitled to. You have the right to access high-quality BWC-certified healthcare of your choosing, have your approved medical expenses paid for, and to receive timely payments for these services.
Now that you understand the laws, it’s also important to understand how they can benefit you if you need them. If your claim is approved by the Bureau of Workers’ Compensation, you may be entitled to any one of the following:
Submitting a claim can be difficult, depending on the circumstances of your injury or illness. After all, in order to receive compensation, you must verifiably establish that
Hiring a professional attorney can help you ensure you are able to prove the requirements above and can receive the compensation you deserve. To schedule a free consultation to discuss your Social Security Disability or Workers’ Compensation benefits, call the office of Regas & Haag, Ltd. immediately at 330-649-9102 or toll-free at 1-800-520-2200.Read Full Article
As our state re-opens, many are faced with a difficult decision—whether or not to return to work. Unfortunately, general fear or concern over coronavirus does not hold legal merit to refuse to return to work. However, those who are high-risk individuals (as determined by the CDC), or who have other health disorders, are protected by specific laws and regulations.
Whether you’re looking for additional accommodations in returning to work, or keeping unemployment benefits after refusing to return, you’ll want to consider these things:
The CDC is continually updating its list of high-risk medical conditions concerning COVID-19. For individuals with these conditions, it’s suggested they take precautions to limit social interactions. When returning to work, CDC recommends additional accommodations such as telecommuting, increased PPE, or changes in schedule to limit interactions with staff/customers.
If you are considered high-risk and want to work, it’s important to remember your employer cannot force you to stay home. They must work with you to provide reasonable safety accommodations.
Discuss with your employer what procedures have been put in place to ensure proper protection and social distancing. Ask:
If you require additional accommodations to feel safe, you must engage in the interactive process with your employer to determine what adjustments are needed.
If your request does not cause undue hardship to your employer, they must comply. Reasonable accommodations may include; additional or modified protective gear; plexiglass, or other barriers between yourself and others; telecommuting; and more.
Not all medical conditions are visible or are on the CDC high-risk list. We recognize mental health conditions such as anxiety, PTSD, OCD, can impact someone’s ability to feel safe returning to work. While general concern or fear over the virus is not enough to allow an individual to refuse to return to work, there are steps you can take. Talk to your doctor and obtain a medical note regarding the risks you face returning to work due to your mental or physical illness.
If you choose not to return to work, and you cannot provide legal justification, you could lose any unemployment benefits you’re collecting. At Regas & Haag, we defend vulnerable individuals in Social Security & Disability Law and Worker’s Compensation cases. If you believe you have a legal claim in regards to returning to work post-COVID-19. Please reach out to schedule a consultation with us to discuss your rights.Read Full Article