Workers Compensation
| Student Status and Social Security Benefits |
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| The status of an individual as a full-time student can affect his eligibility for social security benefits. A child who is disabled or blind may receive Supplemental Security Income (SSI). The Social Security Administration's (SSA) definition of "child" includes an individual who is under age twenty-two and is a full-time student. The key difference between the recovery of benefits for a child versus an adult is that there is a different "disability" criterion. Adult claimants must prove that a medically determinable impairment prohibits them from engaging in substantial gainful activity while children must only show a medically determinable impairment that results in severe functional limitations. More... |
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| Arbitration and Mediation |
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| Alternative dispute resolution (ADR) has come to play an increasing role in the resolution of workers' compensation disputes. Almost half the states now offer arbitration and/or mediation as viable ADR methods. More... |
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| Consultative Examinations, Generally |
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| Consultative examinations (CE) of a social security claimant are used by the Social Security Administration (SSA) when the claimant's medical evidence is insufficient to determine the claimant's disability, or lack thereof. Although the claimant's treating physician is the preferred source of medical evidence, there are instances where a medical examination from an independent source is necessary. These include situations where the treating physician is unwilling to perform the examination, there are inconsistencies in the claimant's file that cannot be resolved by consulting with the treating physician, the claimant himself prefers an examination by a source other than his treating physician with good reason, or prior experience in dealing with the treating physician indicates that he may be unable to effectively provide the necessary service. More... |
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| Insurance Carrier Liability and Workers' Compensation |
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| Compensation Third-Party Litigation) More... |
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| Workers' Compensation Award Credit for Actual Earnings |
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| In some instances, an injured employee will return to his former position and resume making the same earnings as before the injury. When such an individual has received a workers' compensation benefit, the question arises whether the employer is entitled to a credit on the amount of benefits that were paid to the employee. If the employer paid the employee's wages, intending such wages to take the place of any benefit compensation, then the employer would be entitled to a credit. However, there is rarely direct evidence of the employer's intention in this regard. More... |
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