Worker’s Compensation is among the oldest if not the oldest social insurance program in the United States adopted by the state of California and most of the states as well.
Prior to the worker’s compensation, an employee injured while on the job were only able to claim damages against their employees by pursuing civil or torts laws. Workers’ compensation, or originally called workman’s compensation, was enacted to help worker’s who have been injured with no means to sustain themselves and their family due to the sudden misfortune. It also lessens the number of litigation and minimizes stress for both employers and employees since an employee need not prove any fault on the part of the employer to be able to claim compensation and the employer will not be burdened by any unnecessary lawsuits as a result of work related diseases or injuries suffered by the employees.
Worker’s Compensation is valuable to all working individuals since the program provides protection to workers and compensates for lost wages and medical expenses. It is a no fault claim because the employee doesn’t need to prove that he was injured or disabled by somebody else’s negligence or fault. However, being a worker’s compensation, it must at least be proven that the injury or disability happened while on the job or as a result of the performance of his job.
The great thing about this no fault worker’s compensation is that the employers assume costs of occupational diseases and injuries. The payments, however, is determined by state law in relation to whether the injury is slight or significant.
Friday, June 29, 2007
Wednesday, June 27, 2007
Cover Yourself and Your Family From Life Bankruptcy
Health insurance is one of the most important safeguards that we can get for us and our family. We work and save everyday of our lives for our family. But when emergency comes like when we figured in an accident on the way to work or contracted a serious illness, if you do not have health insurance, you will be spending huge sums of medical costs from your own pocket and your family’s savings.
This is not only the case where you can go bankrupt and have a sudden change of lifestyle for the worse. If your child or wife figures in an accident or gets seriously ill and you don’t have health insurance, then you are also liable solely for the medical charges of your family. Think of the years of toiling and saving down the drain just because you did not invest a portion of your earnings in getting you and your family covered.
Money is not only the issue here. If you do not have health insurance, you would obviously not go for regular check ups to save money. The problem is you or your family might have a serious disease, which is left undiagnosed until it is too late. Either you spend huge sums to get better or worse, you might be too late to battle the disease. Either way, you are in a no win situation.
You can easily get health insurance coverage. If you are working, avail of the group insurance being offered by your boss. This is cheaper than personal insurance since in group insurance your boss might share a portion or even the whole of the health premium.
In getting personal insurance, study the insurance thoroughly to save money and to make sure that you and your family are amply covered. Whatever scheme you may choose, just cover yourself and your family from life bankruptcy.
This is not only the case where you can go bankrupt and have a sudden change of lifestyle for the worse. If your child or wife figures in an accident or gets seriously ill and you don’t have health insurance, then you are also liable solely for the medical charges of your family. Think of the years of toiling and saving down the drain just because you did not invest a portion of your earnings in getting you and your family covered.
Money is not only the issue here. If you do not have health insurance, you would obviously not go for regular check ups to save money. The problem is you or your family might have a serious disease, which is left undiagnosed until it is too late. Either you spend huge sums to get better or worse, you might be too late to battle the disease. Either way, you are in a no win situation.
You can easily get health insurance coverage. If you are working, avail of the group insurance being offered by your boss. This is cheaper than personal insurance since in group insurance your boss might share a portion or even the whole of the health premium.
In getting personal insurance, study the insurance thoroughly to save money and to make sure that you and your family are amply covered. Whatever scheme you may choose, just cover yourself and your family from life bankruptcy.
Friday, June 22, 2007
SSA Appeals
There are two programs where a disadvantaged or disabled person may claim benefits from the Social Security Administration: (1) Social Security disability Insurance Benefits program (SSDI) and (2) Supplemental Security Income.
In a nut shell SSDI provides benefits to disabled workers, dependents and surviving spouses. On the other hand, SSI provides benefits to disabled individuals whose income and assets are below SSA specified levels.
In California, you can file for an application for the benefit on your own or ask the assistance of a social security lawyer. In either case, if you are denied eligibility for the benefit during the first time, an appeal should be promptly made. Appeal with SSA denotes three procedures: (1) Reconsideration; (2) Hearing; and (3) Appeals Council Review.
A reconsideration is a complete review by the SSA of its initial decision. It will look at all the documents you filed including proof of disability or income and assets as need be. Your case will be reviewed by an SSA representative not privy to the first evaluation of your case.
Second part is the hearing of your case. An administrative law judge conducts the hearing where you can appear in person.
Last is the Appeals Council Review who may or may not review your case. If it decides to review your case they may review it on their own or revert it to the administrative law judge for further review.
In the end, it is to your advantage to seek a lawyer’s assistance especially with appeals as lawyers are more adept in the workings of the Social Security laws and processes.
In a nut shell SSDI provides benefits to disabled workers, dependents and surviving spouses. On the other hand, SSI provides benefits to disabled individuals whose income and assets are below SSA specified levels.
In California, you can file for an application for the benefit on your own or ask the assistance of a social security lawyer. In either case, if you are denied eligibility for the benefit during the first time, an appeal should be promptly made. Appeal with SSA denotes three procedures: (1) Reconsideration; (2) Hearing; and (3) Appeals Council Review.
A reconsideration is a complete review by the SSA of its initial decision. It will look at all the documents you filed including proof of disability or income and assets as need be. Your case will be reviewed by an SSA representative not privy to the first evaluation of your case.
Second part is the hearing of your case. An administrative law judge conducts the hearing where you can appear in person.
Last is the Appeals Council Review who may or may not review your case. If it decides to review your case they may review it on their own or revert it to the administrative law judge for further review.
In the end, it is to your advantage to seek a lawyer’s assistance especially with appeals as lawyers are more adept in the workings of the Social Security laws and processes.
Social Security History
Do you know that the Social Security Law dates back to 1935 under the leadership of Roosevelt? The need for aid in favor of the working citizens of our country have already been addressed as early as the 1930s. The government acknowledges the fact that the working masses are one of the driving force fueling the country’s stability. Hence, in case some of these working masses come across difficulties at some point in time, like disability due to accident or injury, the government made sure that these people are given aid to help them get back on their feet or at least given rewards in the form of living allowance to continue their decent way of life.
The Social Security Act was signed by President Lyndon Johnson on July 30, 1965. The Social Security Act paved the way to two different programs for the benefit of the members, the Medicare and Medicaid which are all familiar with even today.
Medicare was formulated to solve the problems facing the elderly citizens. Most of the elderly have no health insurance back then. Medicare was therefore made to provide health insurance for them. Aside from this, Medicare provided health insurance to those who are under 65 years old but are afflicted with disability.
On the other hand, Medicaid was created to resolve the lack of insurance of the poor families, parents and children alike as well as people who are disabled who cannot afford insurance.
At present, Social Security’s scope has evolved. It does not only provide health insurance but also pensions and death benefits.
The Social Security Act was signed by President Lyndon Johnson on July 30, 1965. The Social Security Act paved the way to two different programs for the benefit of the members, the Medicare and Medicaid which are all familiar with even today.
Medicare was formulated to solve the problems facing the elderly citizens. Most of the elderly have no health insurance back then. Medicare was therefore made to provide health insurance for them. Aside from this, Medicare provided health insurance to those who are under 65 years old but are afflicted with disability.
On the other hand, Medicaid was created to resolve the lack of insurance of the poor families, parents and children alike as well as people who are disabled who cannot afford insurance.
At present, Social Security’s scope has evolved. It does not only provide health insurance but also pensions and death benefits.
Help for The Helpless
If you are already of advanced age, blind or otherwise disabled and you are not able to live safely in your own home without assistance, the state of California will provide you in home care, through California State Department of Social Services. The program is called In House Social Security or IHSS.
According to the program, an individual is eligible for in home care if he or she is: (1) living in his or her own home; (2) blind, disabled or at least 65 years old; (3) is unable to live in his or her home without care; and (4) meets certain financial need requirements.
IHSS is designed to help the helpless. Those who are wealthy enough to afford to pay for care on their own are not eligible for in home care from the state of California.
In order for those otherwise eligible for care to be granted IHSS benefits, they must show that they are also financially incapable of independent care. According to the program a person who receives SSI or SSP automatically meets IHSS’s financial requirements. If the person is otherwise eligible for SSI or SSP if not for their income, they still can be granted IHSS benefits but they may need to pay a share for the cost of in home care.
On the other hand, a person who has more than $2,000.00 worth in personal property or $3,000.00 in case of couples is not eligible for support. However, said person can still be made to qualify if he or she can bring down his or her assets to less than $2,000.00.
If you need any help in understanding IHSS laws and regulations, seek the aid of expert Social Security attorneys and they will help you get qualified for help that you deserve.
According to the program, an individual is eligible for in home care if he or she is: (1) living in his or her own home; (2) blind, disabled or at least 65 years old; (3) is unable to live in his or her home without care; and (4) meets certain financial need requirements.
IHSS is designed to help the helpless. Those who are wealthy enough to afford to pay for care on their own are not eligible for in home care from the state of California.
In order for those otherwise eligible for care to be granted IHSS benefits, they must show that they are also financially incapable of independent care. According to the program a person who receives SSI or SSP automatically meets IHSS’s financial requirements. If the person is otherwise eligible for SSI or SSP if not for their income, they still can be granted IHSS benefits but they may need to pay a share for the cost of in home care.
On the other hand, a person who has more than $2,000.00 worth in personal property or $3,000.00 in case of couples is not eligible for support. However, said person can still be made to qualify if he or she can bring down his or her assets to less than $2,000.00.
If you need any help in understanding IHSS laws and regulations, seek the aid of expert Social Security attorneys and they will help you get qualified for help that you deserve.
Tuesday, June 19, 2007
Social Security Laws 101
The Social Security Administration defines a disability as the inability to engage in Substantial Gainful Activity (SGA) due to an impairment or a combination of impairments as established by the SSA.
The condition of being disabled must last or expected to last for at least 12 months in order to qualify. It must be remembered, however, that part time work does not automatically disqualify you from becoming a beneficiary of SSA. Part time work may or may not be regarded as gainful employment. The determination rests with the sound discretion of the SSA in accordance with their established rules and guidelines. Also, monthly earnings below an amount set by the SSA will not automatically disqualify a claim.
To be regarded by SSA as disabled, a person must show that he or she is unable to perform his past work as well as perform other types of gainful employment. SSA’s rules, however, are more lenient when it comes to less educated individuals and those with limited skills. SSA also has a different set of rules for minors claiming Supplemental Security Income (SSI).
If you are a disabled person, there are two benefits provided for you by the SSA under two separate but related programs: (1) Social Security Disability Insurance or the Disability Insurance Benefit (DIB); and (2) Supplemental Security Income (SSI).
Although there are guidelines for applying for the above benefits, SSA regulations and laws could prove to be too much for an ordinary person, especially those who are less educated. It is always a good thing to seek the aid of an expert social security attorneys and advocates.
The condition of being disabled must last or expected to last for at least 12 months in order to qualify. It must be remembered, however, that part time work does not automatically disqualify you from becoming a beneficiary of SSA. Part time work may or may not be regarded as gainful employment. The determination rests with the sound discretion of the SSA in accordance with their established rules and guidelines. Also, monthly earnings below an amount set by the SSA will not automatically disqualify a claim.
To be regarded by SSA as disabled, a person must show that he or she is unable to perform his past work as well as perform other types of gainful employment. SSA’s rules, however, are more lenient when it comes to less educated individuals and those with limited skills. SSA also has a different set of rules for minors claiming Supplemental Security Income (SSI).
If you are a disabled person, there are two benefits provided for you by the SSA under two separate but related programs: (1) Social Security Disability Insurance or the Disability Insurance Benefit (DIB); and (2) Supplemental Security Income (SSI).
Although there are guidelines for applying for the above benefits, SSA regulations and laws could prove to be too much for an ordinary person, especially those who are less educated. It is always a good thing to seek the aid of an expert social security attorneys and advocates.
Tuesday, June 12, 2007
Last Minute Tips
You have witnessed how taxing the process of filing a Social Security Disability Claim is, you have wasted enough time, money, and effort wishing for a favorable response to your claim. This is not the point to turn back, here are some last minute tips that may bring you closer to that pot of gold:
1. An Application Denied Should Be Appealed – Do not be fooled by the initial bullying of the Social Security Administration. Denying a claim for a Social Security benefit can occur. If you stop now then the Social Security Administration has succeeded in their quest of de-clogging their dockets.
2. Acquire the Services of a Competent Disability Attorney this Time – If you haven’t learned your lesson on your initial denial, then you should reflect really deep. The attorney handling your case may not have the sufficient capability to fight for your cause. There is no keeping you in taking the services of another attorney.
3. Be Dogmatic, Comply with all the Requisites – Now you have seen that it is not as simple as showing that you were injured, or that you were incapacitated to do work. You must comply with all paper works and medical evaluations necessary to give necessary meat your claims. Acquire witnesses to your injury, make convincing arguments to prove your claims. Be serious this time. Well if all things fail, maybe your not eligible to the disability benefit after all.
1. An Application Denied Should Be Appealed – Do not be fooled by the initial bullying of the Social Security Administration. Denying a claim for a Social Security benefit can occur. If you stop now then the Social Security Administration has succeeded in their quest of de-clogging their dockets.
2. Acquire the Services of a Competent Disability Attorney this Time – If you haven’t learned your lesson on your initial denial, then you should reflect really deep. The attorney handling your case may not have the sufficient capability to fight for your cause. There is no keeping you in taking the services of another attorney.
3. Be Dogmatic, Comply with all the Requisites – Now you have seen that it is not as simple as showing that you were injured, or that you were incapacitated to do work. You must comply with all paper works and medical evaluations necessary to give necessary meat your claims. Acquire witnesses to your injury, make convincing arguments to prove your claims. Be serious this time. Well if all things fail, maybe your not eligible to the disability benefit after all.
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