Social Security Disability Law can be complex and filled with misconceptions. These misconceptions can lead to confusion and incorrect assumptions about the disability application process. In this article, we will explore some of the common misconceptions about Social Security Disability Law and provide clarity on these important issues.
While it is true that many individuals do receive a denial on their initial application for Social Security Disability (SSD) benefits, this does not mean that everyone will be denied. The process for determining eligibility for SSD benefits is complex and can involve several steps, including a medical review, work history review, and financial eligibility review.
If you are denied benefits on your initial application, you have the right to appeal the decision and request a hearing. This allows you to present additional medical and financial evidence, as well as to have a judge hear your case and make a determination. It is important to note that many applicants are approved for benefits on appeal, so a denial at the initial stage does not necessarily mean that you will be unable to receive benefits.
While it is true that you must have a medical condition that is expected to last at least one year or result in death to be considered disabled under the Social Security Administration’s (SSA) standards, there is no strict requirement that you must have been disabled for one year prior to applying for disability benefits.
In fact, you can apply for disability benefits as soon as you become disabled and unable to work. The SSA will evaluate your medical condition and determine if it meets the criteria for a disability. If your condition is expected to last at least one year or result in death, and you have enough work credits to be insured for disability benefits, you may be eligible to receive SSD benefits.
While both SSI and SSDI are programs administered by the Social Security Administration (SSA), they have different eligibility requirements and purposes.
Social Security Disability Insurance (SSDI) is a disability program for individuals who have worked and paid into the Social Security system through payroll taxes. To be eligible for SSDI, you must have a medical condition that is expected to last at least one year or result in death and have sufficient work credits to be insured for disability benefits.
Supplemental Security Income (SSI), on the other hand, is a needs-based program for individuals who are aged, blind, or disabled and have limited income and assets. To be eligible for SSI, you do not have to have a work history or pay into the Social Security system. Instead, your eligibility is based on your financial need.
If you are faced with a disability and need assistance navigating Social Security Disability Law, contact Regas & Haag today. Schedule a consultation call with us to learn more about your rights and take the first step towards securing your future.
Whether you’ve been injured while on the job or are suffering from a work-related illness, you may be eligible to receive workers’ compensation benefits in the state of Ohio. With the right information and guidance, you can understand how these benefits are paid and how to receive them.
Wage Loss Benefits are benefits that are available to workers who experience a partial or total loss of wages due to a work-related injury or illness. These benefits are provided through the Ohio Workers’ Compensation system and are intended to help injured workers receive compensation while they are unable to work.
It is calculated using an injured worker’s average weekly wage (AWW). The AWW is determined by taking the average of the employee’s gross wages earned over the 52 weeks preceding the date of the injury. The AWW is then multiplied by 2/3 to determine the weekly wage loss benefit. Depending on the severity of the injury, these benefits can last for up to five years.
Ohio Workers’ Compensation benefits provide a range of benefits for workers who have suffered permanent impairments due to workplace injuries. Permanent impairments can include physical, mental, or emotional impairments.
Physical impairments are those that have a lasting effect on the worker’s body and can include lost limbs, paralysis, or the loss of a bodily function due to an injury. The amount of benefits for permanent physical impairments is based on the degree of the impairment, the worker’s age, and the worker’s earning capacity before the injury.
Mental impairments are those that affect the worker’s mental or emotional functioning and can include depression, PTSD, anxiety, or other mental health issues. Mental impairments can result in lost wages, medical bills, and other associated costs.
Finally, emotional impairments are those that affect the worker’s emotional state, such as depression, anxiety, or other emotional issues.
Ohio Workers’ Compensation Benefits cover a variety of travel expenses and may include costs for transportation, lodging, and meals. If an injured worker needs to travel to receive medical care, Ohio Workers’ Compensation will cover the cost of transportation, such as gas, public transportation, or airfare. If the worker needs to stay overnight, the cost of lodging and meals can be covered as well.
In order to be reimbursed for travel expenses, the injured worker must submit a claim. The claim must include receipts, documentation of the travel, and the reason for the travel. The claim must also be signed by the employer and physician. If approved, the injured worker will receive reimbursement for the actual expenses incurred.
Schedule loss is a form of compensation for those who have suffered a permanent disability due to a work-related accident. This type of compensation is meant to provide financial assistance to an injured worker who has suffered a permanent disability, such as the loss of a limb or the loss of the use of a limb as a result of a work-related accident. The amount of compensation an injured worker in Ohio may receive depends on the degree of disability suffered.
Following are two common ways through which the compensation is reimbursed:
Electronic Funds Transfer (EFT) is a method of transferring money electronically from one account to another. It is often used to pay bills, pay wages or salaries, and transfer money between accounts. In the state of Ohio, EFT is used to pay some types of compensation benefits, such as unemployment benefits, workers’ compensation benefits, and disability benefits.
Electronic Benefits Transfer (EBT) is another type of electronic payment system that is used to pay certain types of benefits in the state of Ohio. EBT cards are like debit cards, and can be used to purchase goods and services at participating retailers. Benefits paid through EBT include food stamps, cash assistance, and medical assistance. Benefits are deposited directly into the recipient’s account, and the recipient can use the card to purchase goods and services.
If you need assistance navigating the workers’ comp system, the experienced attorneys at Regas & Haag are here to help. Contact us today to learn more.
Applying for Social Security Disability benefits can be a complicated process, and it is important to understand what you need to do and how long it will take. The Social Security Administration (SSA) handles disability claims, and you must meet certain criteria to qualify. Generally, you will need to show that you have a medical condition that prevents you from working and that your condition has lasted or is expected to last for at least one year or result in death.
When applying for Social Security Disability benefits, you will need to provide detailed information about your medical condition, your doctor’s diagnosis and treatment, any medications you are taking, and any other medical records that are related to your disability. When submitting your application, it is crucial to be as thorough as you can be as this will aid the SSA in determining whether or not you are eligible for benefits.
You will also need to provide information about your work history, including any jobs you have held in the past 15 years, as well as your education and training. The SSA will use this information to determine whether you are able to work in any other capacity.
Applying for Social Security Disability benefits can be a complicated process. Many people are unsure if they need an attorney to help them with the application process. The answer to this question depends on your individual situation. If you are considering applying for Social Security Disability benefits, it is important to understand that there is no obligation to hire a lawyer. However, there are several benefits to having an experienced attorney by your side.
First and foremost, an experienced attorney can help you understand the complex application process and ensure that your application is complete and accurate. This can help to avoid unnecessary delays and ensure that your application is processed quickly. An attorney can also help to ensure that all relevant evidence is included in your application, which can improve your chances of success.
An attorney can also provide valuable guidance throughout the appeals process. If your initial application is denied, an attorney can review the decision and provide advice and assistance with any necessary appeals. An attorney can also help you understand the disability determination process and prepare for your hearing before the administrative law judge.
Finally, an attorney can also help you understand and protect your rights. An experienced attorney can answer any questions you may have about the application process and explain your rights and responsibilities. An attorney can also help you make the right decision.
Regas and Haag can help you apply for Social Security Disability benefits by providing experienced legal representation throughout the entire process. Our firm specializes in disability law, and our attorneys have years of experience in handling disability cases. We can help you understand the application process, assist you in filing your claim, and represent you at a disability hearing if needed. To schedule an initial, free consultation meeting, contact us today.
While the importance of workers’ compensation cannot be denied, there are still a lot of employers who do not take it seriously. This is why you might want to watch out for some of the things that you can do to make sure that your workers’ company payments are up to date and that your employees are actually getting the benefits that they deserve.
A workers’ compensation hearing is a formal proceeding in which evidence and testimony are presented in order to determine whether an injured worker is eligible for workers’ compensation benefits. Workers’ compensation claims are important because they allow injured workers and their dependents to receive monetary support, medical care, and rehabilitation services in a protected environment.
The hearing is presided over by a hearing officer, and both the injured worker and the employer (or the employer’s workers’ compensation insurance carrier) have the opportunity to present their case. After reviewing the evidence and testimony, the hearing officer will issue a ruling on the case.
There are a few things to keep in mind when preparing for a workers’ compensation hearing. First, it is important to have all of your documentation in order. This includes any medical records, documentation of lost wages, and any other supporting documentation. Second, it is important to be prepared to discuss your case in detail. This means having a clear understanding of what happened, how your injuries have impacted your life, and what you are hoping to achieve through the hearing. Finally, it is important to be professional and courteous throughout the hearing process. This includes being respectful to the hearing officer and other parties involved and being prepared to answer any questions that may be asked.
The place of a workers’ compensation hearing is typically at an Ohio Industrial Commission office. However, in some cases, the hearing may be held at a different location, such as the office of an administrative law judge. The location of the hearing will be specified in the notice of hearing that is sent to the parties.
It is important to hire an attorney for a workers’ compensation hearing because an attorney can help you navigate the complex legal system and ensure that you are treated fairly. An attorney can also help you obtain the maximum benefits to which you are entitled.
An injured worker is a lot more than an employee who misses work and needs medical treatment. For most employers, workers’ compensation is a required coverage that protects your business and its employees. While it’s easy to understand why you need workers’ compensation, there are other aspects of workers’ compensation that are less well known. By getting in touch with the expert legal team of Regas & Haag, you are sure to get a supporting pillar to take care of all your workers’ compensation rights. Contact us now to discuss things in detail and how we can help you.
It is common for most of us to think injury or illness won’t affect us. To protect your family from financial strain, it would be prudent to think about the probability of falling sick or hurt and being unable to work and what you could do about it.
A lot of people have conditions that limit their capacity to work. Some may develop these conditions long before they retire. Programs like Social Security Disability Insurance are available to assist those living with disabilities or illness and their families in managing their lives should an unforeseen injury or sickness occur.
The Social Security Administration offers two programs that can ensure proper disability payments. The program would depend on your workplace and financial situation.
The Social Security Disability Insurance program, which is supported by payroll deductions, can be a resource for employees who have made contributions to the system. Conversely, people with lower incomes, kids, and visual impairments may benefit from Supplemental Security Income. Most disability benefits come in the form of payments meant to make up for lost wages.
It is possible to file a claim for disability benefits online, in person, or over a call. It would help to gather all required paperwork and data. Documents such as income tax returns, a list of all prescribed drugs, and dates for any operations and treatment appointments. Preparing well will make sure that everything goes smoothly.
The date on which the person became disabled and unable to work full-time is known as the disability onset date. It is one of the most important considerations in your claim. Documents of employment history claims made in the application, medical proof, and testimonies from family are used to make the determination.
A lawyer needs precise facts to comprehend a Social Security disability claim.
The lawyer will inquire about the status of the claim during the initial meeting. Without the assistance of a lawyer, the analyzing process is exceedingly complicated and challenging to manage. It is crucial to submit an appeal if a Social Security disability claim has been rejected.
A timely appeal of a Social Security disability denial is required to overturn the decision. Every state has a different set of regulations governing when to submit an appeal. It is important to note if an appeal is submitted past the due date, it can be rejected.
When you work with an experienced Social Security lawyer, they will help you navigate the application process, identify deadlines, and help you sidestep potential pitfalls so you can claim the benefits you deserve.
Have you been denied disability benefits? Contact Regas & Haag, Ltd. to learn how we can help. We handle every phase of your Social Security Disability case so you can get the benefits you are entitled to.
Losing a job and any source of income due to an occupational disease or illness can exacerbate an already bad situation for the person involved. However, there are resources for vulnerable and unemployed workers who have become temporarily or totally disabled due to a work-related disease or illness.
This guide will explain how occupational diseases are defined and what types of illnesses are compensable according to the state’s industrial commission.
According to the United States Department of Labor, ”An illness is an abnormal condition or disorder. Illnesses include both acute and chronic illnesses, such as, but not limited to, skin diseases, respiratory disorders, or poisoning. Additionally, illnesses are recordable only if they are new, work-related cases that meet one or more of the 1904 recording criteria. “
An occupational disease is any illness caused by hazards in the workplace. These hazards may include physical, chemical, and biological elements such as the following:
There is a list of compensable occupational diseases stipulated by state law, including the following
Occupational diseases can leave you temporarily or permanently disabled in some ways, limiting your ability to return to work. In such cases, you are entitled to file an occupational disease claim. This claim entitles you to certain compensation till the date you are unable to resume your work or unable to join the workforce again.
If you have been diagnosed with a workplace-related disease, you will need a diagnosis report from a licensed medical practitioner to ensure you receive fair compensation. The Ohio Bureau of Workers’ Compensation requires a medical diagnosis to establish the link between the disease and the harmful effect of a hazardous element.
However, the Ohio Bureau of Workers’ Compensation also states that mere exposure or contact with disease-causing elements does not automatically entitle anyone to compensation. If you are taking any preventive measures against the plausible disease, you will not receive any compensation.
The date for filing an occupational disease claim must be most recently after the disease’s diagnosis or medical treatment. According to state law, you are entitled to compensation at the following times:
Certain occupational diseases can take years to manifest or go unnoticed at first. It is incredibly tricky to establish the cause of the disease in any workplace situation. However, according to state law, a compensation claim must be filed within six months of the diagnosis or two years after the disability caused by the occupational disease begins. You may lose your claim for compensation if you file it after that.
Any person suffering from an occupational disease or their authorized representatives can file a claim.
You may be going through a lot to take proper action if you fell victim to an occupational hazard. Regas & Haag, Ltd is dedicated to assisting you in successfully navigating legal liabilities for fair compensation. Our attorneys at Regas & Haag, Ltd. will help you with everything from contacting your doctor for your medical records and reports to filing compensation claims and preparing you for necessary legal hearings.
You can contact us by visiting our website or calling 330-649-9102 to get started.
Workplace injuries are common and can occur in even the safest workplace. There are laws governing the compensation of injured employees. However, it can be challenging to get your compensation as most companies are not thrilled about making these payments.
TTD benefits refer to compensation as a result of a disability obtained from a workplace injury. The two categories of TTD are temporary total disability and temporary partial disability. This means an employee has incurred an injury at work that has left them disabled either temporarily or permanently. The company agrees to pay part of the employee’s salary for as long as they are out of work.
To be eligible for TTD, convincing evidence that the injury was incurred at work is necessary. Additionally, you will require an assessment from a medical doctor to ascertain that you cannot go back to work in the condition. The TTD payments will eventually end when the doctor confirms that you are well enough to return to work.
In some circumstances, the disapproval of the insurance company can also lead to loss of payment. This can occur if the assessing doctor is questionable. However, once you have been allowed back to work with restrictions that your company cannot accommodate, you remain eligible for TTD.
You can request TTD payment in Ohio by submitting a Physician’s Report of Work Ability (MEDCO-14) and C84 forms. Submit the two documents to the Ohio Bureau of Workers’ Compensation for assessment.
The first 12 weeks of TTD payments are a sum of your earnings for the 6 or 7 days before the injury. Your TTD will be 72 percent of the total weekly wage. If you cannot return to work after 12 days, the TTD will shift to the average weekly wage rate. This is calculated using your earnings for the one year preceeding the date of the accident.
At this point, the TTD rate will be around 66 percent of the average weekly wage. The TTD payments cannot exceed the state’s maximum rates set in place by the state of Ohio. Unfortunately, you cannot perform or take up any other job while on TTD. This equates to a crime punishable by the laws of the state of Ohio.
At Regas and Haag, we understand how tedious the compensation process can be. You do not have to go through the process alone. Our legal team is equipped and competent in handling the compensation process through the BWC. We will gladly schedule a meeting at no fee to discuss your rights. Because we have your best interest at heart, no attorney’s fee will be charged until we win the case. Give us a call today!
While there is a downward trend in workplace injuries due to the increased health and safety measures, it isn’t down to zero yet. Many people still suffer from workplace injuries that force them to take a temporary or permanent break from work.
After seeking medical advice for your injuries, you should get legal advice on what your next steps should be. This article highlights some of the most common workplace injuries and what you should do if you suffer from one.
Slips and falls are among the most common workplace accidents and are the leading cause of worker’s compensation claims. Slips and falls can occur during many circumstances, including:
Businesses should follow OSHA’s (Occupational Safety and Health Association) fall protection rules to ensure that their employees aren’t harmed on the job. If you’re injured on business premises that don’t meet the required safety standards, you should consult an attorney to file for compensation.
Overexertion injuries, such as muscular strains and RSI (repetitive strain injury), can result in long-term chronic discomfort and productivity loss. This sort of workplace injury is caused by:
Your organization should provide mandatory instruction on executing physical tasks healthily without straining your muscles. If they don’t, you can follow OSHA’s ergonomics guidelines. In addition, to minimize overexertion and long-term bodily injury, make sure you take frequent pauses and use that time to relax and stretch.
However, if you’ve already faced an extreme level of such injury, you can plan your recovery and look for ways to file a lawsuit against the organization for inadequate safety and rest measures.
Walking into a sharp edge of a counter or hitting your head against low-hanging equipment is pretty serious. Being struck by equipment can lead to severe hand injuries, amputations, stress fractures, traumatic head injuries, mental trauma, etc.,
You can get injuries from equipment when:
Talk to an attorney to learn how you can charge for compensation, even for minor fractures, and not just amputations of body parts.
Workplace injuries aren’t an uncommon sight, but if you’re injured due to negligence from your employer, you deserve to be compensated for your troubles. To ensure that you receive just compensation for your workers’ compensation claim, you require an experienced attorney who will be by your side until the claim gets approved. We at Regas & Haag Ltd specialize in handling workers’ compensation claims in Ohio and can offer comprehensive legal assistance that you may need for workers’ insurance claims. Contact us through our website or call us at 330-649-9102.
Negligence can be defined as carelessness or wrongdoing that causes injury or harm to someone. In such a situation, the injured party has the right to seek compensation and file a civil claim against the party who caused injury due to negligence.
If you get injured at work, you want your state’s legal system to protect you. The Workers ‘ Compensation Act controls accidents on the job and how they’re handled in the court system.
Workers’ compensation is an insurance program mandated by the state that pays benefits to employees who suffer work-related injuries or illnesses. The benefits cover payments for medical bills, partial wage replacement, and compensation for permanent impairments.
People often believe that there is a direct connection between negligence and workers’ compensation. However, the reality is more complex, as workers’ compensation claims are distinctly different from personal injury cases. Let’s understand how:
In a personal injury case, negligence together with who is identified as at fault determines the success or failure of the case. You must prove that the other person was at fault for their injury while claiming personal injury.
Whereas in a workers’ compensation case, it is unnecessary to prove the fault. Getting injured at your workplace usually entitles you to collect workers’ compensation benefits.
Generally, most workers cannot sue their employer for negligence in case of an injury. However, there are exceptions. You may be eligible to sue if a third party is responsible for your injury. Seek a consultation from a qualified attorney to know if you can make a personal injury claim because of a third party.
If you get injured due to any situation, whether at work or not, you should consult an attorney specializing in workers’ compensation or personal injury cases. Since laws are almost always state-specific, it is recommended that your attorney have years of experience in the state where the injury occurred. Additionally, your first claim might get refused with workers’ compensation cases, but an expert attorney can help you get approval on your second time around.
To ensure that you receive just compensation for your workers’ compensation claim, you require an experienced attorney who will be by your side until the claim gets approved. We at Regas & Haag Ltd specialize in handling workers’ compensation claims in Ohio and can offer comprehensive legal assistance that you may need for workers’ insurance claims. Contact us through our website or call us at 330-649-9102 or toll-free at 800-520-2200.
If you’ve been injured on the job, workers’ compensation is the best solution to obtain financial support while you are off work recovering. It is a system that exists to help you get through a difficult time.
When you’ve met with an accident on the job, you want to recover and return to work as quickly as possible. However, you also want to be compensated for your injuries and the time lost—workers’ compensation insurance can help with this. When filing a claim, it’s crucial to avoid mistakes that could delay or reduce your payments. Here are five mistakes you should avoid when filing for worker’s compensation.
With all its legalese and complex terminology, filing for workers’ compensation can be an intimidating experience. So, it’s no surprise that many people make mistakes when filing their claims.
After a work-related injury, it is essential to notify your employer as soon as possible so that they are aware of the accident and can report it accordingly. If you wait too long, your employer could reject your claim because it wasn’t reported in time.
Many places require you to report your injuries within a certain period. So, informing your organization about the accident immediately will help protect your rights to file for workers’ compensation later on, especially if you did not seek medical attention right away.
You must get your injuries treated as soon as possible—even if it’s just first aid or a trip to the emergency room. Not getting treatment can lead to further injuries or complications, affecting your ability to recover damages in the future.
You may disagree with what your doctor is telling you, but failing to follow instructions could lead the insurance company or the healthcare provider to believe that you aren’t injured or are exaggerating your symptoms.
The last thing you want is to have to dispute the details of your claim with your employer. If you don’t have a written record of what happened and when it happened, it might be more challenging for you to prove that your injuries are work-related.
Do not wait until the deadline is almost over to get started on your application. Start filling out the application as soon as possible because it may take longer than expected to complete all of the paperwork. If you want to document your injuries accurately and are looking for professional guidance, you can seek assistance from the experienced attorneys at Regas & Haag.
In the wake of a workplace injury, it can be difficult knowing where to start or how to proceed. The frustrating thing about workers’ compensation is that it’s hard figuring out what you need to do for your unique situation and how much compensation you’re owed.
The large amount of paperwork and hoops you have to jump through to file a claim does not make this process any easier. But, if you know what to avoid, you’re less likely to have your claim rejected. This is where the Regas and Haag team can help you. Schedule a consultation today for more information.