Social Security Disability and Lupus |
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The other day I had a Social Security Disability hearing for a client who suffers from lupus. It is also called or systemic lupus erythmatosus. Lupus is a chronic disorder that involves exacerbations and remissions and involves multiple body systems.
The symptoms of lupus can vary greatly and are oftentimes mistaken for other diseases. Initially patients will suffer from fever, muscle pain, joint pains, malaise and fatigue. There are other symptoms that will diagnose lupus, from dermatological, musculoskeletal and hematological symptoms to cardiac, pulmonary and neurological symptoms. These can vary greatly from thick, scaly rashes and lesions on the skin, extreme joint pain, anemia, low white blood cell count and inflammation of organs, to pulmonary hypertension and hemorrhage, as well as the presence of excess red blood cells or serum proteins in the urine. There are many, many other signs and symptoms of the disease and nearly 10 percent of those affected by lupus will have seizures or psychosis.
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Why apply for Social Security Disability while receving LTD benefits |
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Getting Social Security Disability May Protect Your Continued Receipt of LTD Benefits
Almost all ERISA long term disability plans will offset (decrease) your LTD benefit by any amount you receive from Social Security for your disability. If you win your Social Security claim and the LTD insurance company has to pay you less money per month, they have a smaller financial incentive to deny LTD claim. In addition, Social Security Disability requires the tougher "total disability" from any job. Most LTD plans only require you to be disabled from your "own occupation" initially. Winning SSDI benefits will strengthen your claim for LTD benefits.
If your LTD benefits are stopped by the LTD carrier, you will still have income coming in from Social Security. Also, at some point you should be entitled to collect Medicare. Regardless of your age, 24 months after your date of entitlement to SSDI benefits, you are eligible for Medicare benefits, which includes Part A (hospital benefits) and Part B (medical benefits). A variety of Medicare Advantage plans also are available to you. |
Why Are Some Divorces So Costly? |
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What drives divorce costs dramatically higher is one thing and one thing only: disagreement between the parties. If the husband and wife can agree on the key issues, such as property division, custody, and child support, all that remains is drafting of documents. But when there are battles, negotiations, debates - all those things take time. And as noted above, the lawyers are charging by the tenth of an hour. So, if both sides are represented by attorneys (and they should be!) a debate over who gets to keep the painting in the living room or a wedding present can quickly become far more expensive than the painting or buying a new toaster oven. That's not to say that key issues and disagreements shouldn't be fought out, either in negotiation or litigation, but simply a word to the wise. It often makes sense to settle economic issues rather than litigate them.
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VA Benefits and Brain Injury |
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The Army says it has discovered a simple blood test that can diagnose mild traumatic brain damage or concussion, a hard-to-detect injury that can affect combat troops.
"This is huge," said Gen. Peter Chiarelli, the Army vice chief of staff.
Army Col. Dallas Hack, who has oversight of the research, says recent data show the blood test, which looks for unique proteins that spill into the blood stream from damaged brain cells, accurately diagnosing mild traumatic brain injury in 34 patients.
Doctors can miss these injuries because the damage does not show up on imaging scans, and symptoms such as headaches or dizziness
If you have questions about your VA Benefits contact a Michigan Attorney accredited by the VA to assist you in your case at Allan W. Ben P.C. Contact our Michigan VA attorneys today at 1-866-540-0677. |
Auto Accidents and Wage Loss Claims |
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Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised each year. The No Fault insurance company will reimburse wage loss up to the monthly statutory maximum for 3 years after the accident. For 2009, the monthly maximum is $4878.00. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of an accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.
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Car Accident and Serious Impairment |
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The seriousness of your injury must be validated by a physician and usually includes diagnostic tests. For instance, if you injured your neck and/or back did your doctor prescribe an MRI of your back. Most importantly, the injury must significantly affect your life.
Courts look to see how long you were off work and what activities you can no longer do. The longer you are off of work the better your case is. If you used to jog or play sports and you are unable to do your previous activities for a long period of time, your case will be more valuable. If you continue to work after your accident and your activities are not significantly altered, then you are probably not suffering from a serious impairment of a body function.
If you have scarring from the car accident, an experienced Michigan automobile accident attorney can evaluate whether or not you have a serious impairment of a body function. |
Workers' Compensation: Surveillance |
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A legal claim for compensation can be made based on any type of accident compensation claim. The law allows insurance companies to employ the services of an investigator to perform surveillance on an injured worker. The types of surveillance that an investigator can perform include following the injured worker, speaking with neighbors about the injured worker, and videotaping the injured worker conducting normal activities in public. Investigators may not trespass or take pictures of an injured worker in his or her home. However, an investigator may follow the injured worker for a period of time in an attempt to find him or her taking part in activities that may be outside of his or her work restrictions or beyond the level of disability that the injured worker is claiming.
The investigator may follow the injured worker for a number of days and see if he/she engages in any physical activity that may be outside of his/her work restrictions or the level of disability that the injured worker is claiming.
Additionally, surveillance may include persons calling the injured worker under false pretenses, such as "products testing" in which they state they are with an organization and that the injured worker has been selected at random to test certain consumer products. An appointment could be made to meet the injured worker in person, at which time they would encourage the injured worker to perform activities such as unloading boxes of products or perform other activities excepting his/her medical restrictions.
While the law recognizes that surveillance videotapes may be misleading, Magistrates usually do consider this evidence to some extent. A videotape of an injured worker performing activities could be very damaging to the case. This is especially true if the injured worker is found on tape performing physical activity exceeding his/her medical restrictions on one of his/her good days. The investigator is unable to submit a tape showing the injured worker is unable to work, only those that show physical activity which may be misleading. The injured worker may have a hard time proving that he/she is unable to perform the level of activity seen on the tape and may place his/her receipt of workers' compensation benefits in jeopardy.
Many claims are terminated due to surveillance. If your claim is terminated due to surveillance or other investigative tools, it is imperative that you seek out counsel during the administrative appeal process, to secure and protect your rights and develop powerful arguments that will help you succeed on your claim. |
Drivers License Appeal |
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I recently represented a woman who had her drivers license revoked after she received her third drunk driving offense. After 10 years of no drivers license she retained Allan W. Ben P.C. to file the paperwork to restore her driving privilege. I worked with her for about 2-3 months getting all the necessary paperwork properly completed. She won her drivers license back. She will have a restricted license for a period of time. She will also need to equip her car with an interlock device etc.
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What to do When the Police Pull You Over in Michigan |
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Pull Over in a Safe Area:
First of all, the most important rule to follow is to pull over in a safe area, as soon as it is reasonable and safe to do so. Don’t pull over in a place that is going to put you or the officer in danger. Make sure the police officer is aware that you are going to pull over. Slow down your speed and use your turn signals.
Don’t Coast for a Long Time:
Secondly, don’t coast for several blocks before pulling over. If you continue to coast, the cop is going to think, “what is this guy doing?”. The police officer may think you’re stalling because you’re trying to hide something. If you pass a few safe places to pull over, the officer is definitely going to think you’re up to something, and that raises suspicion.
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Long-Term Disability: 4 tips before you apply for LTD Benefits |
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Four tips that you should remember in the long term disability claims application process:
a. Always remind your physician that you are applying for long term disability benefits and that they should provide the long term disability carrier with a copy of your medical records.
B. Remind your doctor however, that if the long term disability doctor or nurse calls asking questions about your claim, that you are not authorizing your physician to have any phone calls, but, rather, you want all correspondence to be in writing.
C. You want to make sure that your physician lets you know when they’ve been contacted by the long term disability carrier so that you can make sure that your physicians reports are accurate and fully reflect your symptoms and problems your are having with your ability to function.
D. Keep a journal about your condition and how it impacts your ability to function. That includes, bending, lifting, stooping and all the activities of daily living. Make sure that you keep a copy and give a copy to your doctor at every visit so that your medical records document how your medical condition impacts your daily functions and your inability to work.
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