Daniel A. Webb, PADaniel A. Webb, PA2024-03-15T19:25:40Zhttps://www.dwebblaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603512/2022/05/cropped-Favicon-DAW-32x32.jpgOn Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468152024-03-15T19:25:40Z2024-03-15T19:25:40ZWhether it’s Instagram, TikTok or Facebook, most people today are on one or more social media sites. But it is always possible that those responsible for awarding your benefits could also be watching your activity levels on your favorite sites.
The former president and presumptive presidential nominee of the Republican party proposed using social media as a tool to detect fraud on the part of those applying for Social Security Disability (SSD) benefits. While there does not appear to be a similar policy in place in the current White House administration, it is quite possible that one could be implemented after the 2024 election is held.
Why this is problematic
Due to the nature of social media hype, everyone naturally likes to paint themselves in the most favorable light possible. Whether that means taking 20 “selfies” before finding one that passes muster to post online or resurrecting old pre-injury photos, SSD claimants should be mindful of what they are sharing online.
Sometimes, it can be what others share
It might not even be your posting that triggers a second look by those who adjudicate SSD cases. Someone could snap a photo of you and tag you, leaving a searchable image to be used against you in the social media database.One way to prevent this on sites like Facebook is to use the strictest setting possible re photo sharing so you must approve each photo before it appears as a tag on your page. This won’t prevent the original poster from sharing it, however.
Not all images reflect reality
With Photoshop and the photo-editing software that already comes uploaded to most Android and iPhones, it is fairly simple to make edits that erase from your timeline the dark circles under your eyes caused by sleepless, pain-filled nights. Instead, you can tweak your photos to make it look like a glam shot of a night on the town.But is that really the image you want to portray online? If you have any doubts about posting, learning more about how social media can be used against you can be quite prudent.
]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468132024-02-28T15:34:54Z2024-02-28T15:34:54ZIt’s very difficult to adjust to life with a disability, and it’s not unusual for people who have disabilities – whether due to a chronic condition or a traumatic accident – to also develop depression.
Physical disabilities and depression can actually be part of a vicious cycle, with each exacerbating the symptoms of the other. The physical loss of your independence and the limitations you experience can trigger a shift in your whole identity, intensifying any feelings of sadness, hopelessness and isolation you may have. In turn, depression can reduce your motivation, increase your sensitivity to pain and affect your ability to concentrate – limiting you even more.
It’s wisest to think of depression as a separate condition
A lot of Social Security Disability (SSD) claimants who have physical disabilities either don’t even think to mention their depression on their applications for benefits or assume that the Social Security Administration (SSA) will automatically recognize that depression is a factor based on their medical records.Unfortunately, that is not how the process works. When you file for SSD benefits, you need to list all conditions that affect your ability to work on your application – even if they are not the primary reason you consider yourself to be disabled. That way, SSA is obligated to take into account the additional limitations imposed by your mental health when they decide your claim.It’s also good to remember that depression can be disabling in its own right, regardless of someone’s relative physical health. In some cases, people find it easier to obtain SSD benefits for their depression than they do for some physical disabilities, including back pain. If you’re struggling to get your Social Security disability claim approved, there is help available. Learning more about what it takes to make a successful claim can help you overcome an unfair denial.]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468112024-02-21T19:07:45Z2024-02-21T19:07:45ZMany companies operate drug-free workplaces
Businesses actually have an incentive to engage in drug and alcohol testing after someone gets hurt on the job. Companies can qualify for lower workers' compensation costs when they voluntarily become drug-free workplaces.
One of the many requirements imposed in the voluntary drug-free workplace program is the obligation to conduct testing after an incident leaves a worker injured. If a worker fails their drug testing, they could face several major challenges. The first is that their employer might potentially have grounds to terminate them for being under the influence on the job. The second is that the test could complicate their workers' compensation claim.
Technically, simply being under the influence does not make someone ineligible for benefits. However, when employers can convince state authorities or the courts that a worker's injury was the result of their chemical intoxication, they can then potentially justify denying that worker benefits. Some workers are so frightened about what could turn up during workplace drug testing that they never report an injury or an incident on the job to their employers.
Those more familiar with workers' compensation rules may feel more comfortable agreeing to chemical testing, even if they know there's a chance that they might fail. After all, certain drugs do remain in someone's bloodstream for many days after they ingest the substance even though the effect of the drug should have long since worn off.
It is possible for workers to fight back and win if a company denies them coverage based solely on a failed drug test after a workplace injury. As such, learning about the rules for workers' compensation benefits in Arkansas – and seeking legal guidance as needed – may help employees feel more confident about speaking up when they get hurt and claiming the benefits that they deserve.]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468102024-02-19T14:38:55Z2024-02-19T14:38:55Zpresent your case effectively.
The first thing you’ll need to do is understand the exact nature of your citation and familiarize yourself with the relevant laws to grasp the situation better. Review the details of your case, including the location, date, and time of the incident, looking out for any errors or inconsistencies, in case you can use them to bolster your defense.
Gather supporting evidence
Collect any evidence that might help, such as photographs, witness statements, surveillance footage or other relevant documents. For instance, you may have justifiable reasons or been in a situation outside your control at the time of committing the traffic violation. Providing evidence in your support can significantly strengthen your case.
Get ready for the court process
Make a good impression by arriving on time and dressing appropriately for court. Be respectful and do not interrupt the judge, officer or other witnesses. Do not argue, make excuses or blame others for your violation. Instead, focus on presenting your case calmly and objectively, relying on factual evidence to support your arguments.
Consider seeking legal guidance
It’s equally prudent to employ qualified assistance to navigate the court procedures and build a strong case. It can go a long way in successfully fighting your traffic citation and avoiding the legal penalties of a guilty verdict. You will also be better placed to explore other options that could minimize or mitigate potential consequences on your commercial driver’s license.]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468092024-01-31T20:39:54Z2024-01-31T20:39:54ZAppeals correct initial SSA errors
Employees working for the SSA frequently err on the side of caution, as they operate under the assumption that someone does not qualify for benefits. The goal is to avoid the approval of fraudulent claims, but the real-world impact is that many qualified applicants do not receive the benefits they require.
According to information provided by the SSA, approximately 10% of SSDI applicants receive their benefits as part of an appeals process. The organization averages a 2% approval rate during reconsideration and an 8% approval rate at hearings in front of an administrative law judge.
Not only does an appeal potentially allow someone to get benefits when they otherwise could not, but they may also qualify for back-dated benefits. Instead of reapplying, they can appeal and potentially secure benefits going back to the date when they initially qualified.
Learning more about the SSDI application and appeals process can empower those dependent on benefits for basic household expenses after developing a debilitating medical condition.]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468082024-01-18T21:59:35Z2024-01-18T21:59:35ZMany employees have access to workers’ compensation. Workers’ compensation helps provide benefits to employees who are injured or afflicted with an illness while working. These benefits can give employees medical coverage and lost wage payments.
There are very few jobs with no risk of injuries or illnesses. Here are a few professions with the highest risk of injury that may cause employees to file for workers’ compensation benefits:
Construction workers
Possibly one of the most physically taxing and dangerous jobs is construction work. Many construction workers use heavy machinery and power tools in high places. While employees are often trained to use this equipment and practice safety on the job, accidents can still happen, which can result in an employee filing a workers’ comp claim.
Healthcare workers
Healthcare workers are essential in providing care to communities. However, the job is very stressful. Many employees work long, taxing hours while being exposed to illnesses and death. This can lead to healthcare workers seeking workers’ comp benefits for their physical and mental health.
Warehousing
Warehouse workers provide a lot of support to the economy. Their duties include moving large shipments for transport. The job can lead to many physical injuries and disabilities, especially when workers strain themselves during the job. Workers also often need to use forklifts to complete their jobs. But, forklifts can lead to vehicle accidents and puncture wounds when put in the wrong hands.
Truck drivers
Like warehouse workers, truckers also help maintain the economy by shipping essential supplies across the country. However, truckers often have to spend many hours on the road with little sleep to meet deadlines. This can also cause workers to not care for their needs, such as eating healthy meals and maintaining their bodies to protect themselves from diseases and mental illnesses. Knowing what to do after a workplace injury could help you get the compensation you need. You may need to reach out for legal help to learn how to make a workers’ compensation claim.
]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468052024-01-04T03:21:52Z2024-01-04T03:21:52Zhazardous occupation, understanding the possible risks can improve your on-the-job safety. Knowing what to do if a workplace injury does occur can help you get proper medical care and minimize potential financial challenges.
Examples of risky jobs and industries
One industry that continues to rank high among dangerous occupations is construction. Workers risk injury through falling from heights, equipment mishaps and getting struck by falling objects, to name just a few hazards.
Other high-risk occupations include:
Timber workers: Injury and fatality risks include getting struck by equipment or falling trees, electrocution and heavy vehicle accidents.
Waste collectors: Many workers suffer injury or death through vehicle mishaps, exposure to dangerous or toxic substances and falling.
Roofing workers: Roofers face many of the same risks as construction workers and may be especially vulnerable to injuries in a structural collapse.
These and other potentially hazardous jobs are often plentiful in Arkansas, so don’t forget to have prospective employers identify specific injury risks before accepting a position.
Two options for workplace injury compensation
You need not fend for yourself if a job accident results in long-term injuries or disability. A successful workers’ compensation claim will cover injury-related medical care and replace some of the wages you lost due to your injuries.
If the incident leaves you disabled and unable to earn a living, you may be eligible for a Social Security Disability (SSD) claim. If approved, you will receive regular payments and other benefits.
Unfortunately, there is no guarantee you will succeed with either claim since even a minor error can result in denial. However, legal guidance can help to ensure you make no mistakes that might interfere with your compensation.]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468042023-12-22T01:09:28Z2023-12-22T01:09:28ZInsurance rules prohibit such practices
The first reason why using health insurance for a job injury is a mistake is that technically health insurance should not apply in that scenario. Liability laws pass responsibility to other parties in certain scenarios, including incidents at someone's place of employment. Generally speaking, if there is another form of coverage that should apply, workers should not try to use health insurance for that claim. They may end up needing to repay the benefits if the health insurance company discovers that the issue relates to their job.
There are no patient responsibility costs
Standard health insurance coverage makes the person seeking treatment pay for a significant portion of their care costs. Most insurance policies have a deductible that applies. Workers will have to pay thousands of dollars out of pocket before the policy starts covering their costs. They may also have co-pays due at every appointment or each time they pick up a prescription. Finally, co-insurance might require that they pay a flat percentage of their total treatment costs. Workers' compensation benefits include full medical coverage.
Workers do not have to pay out of pocket for the care received during a workers' compensation claim. A workers' compensation claim can also help an injured employee get their employer to accommodate their condition based on medical recommendations.
Businesses are not legally allowed to retaliate against workers who report injuries on the job or file workers' compensation claims. As a result, ultimately, thoughtfully approaching the subject of benefits for a work injury can make a major financial difference for an injured employee.
]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468032023-12-20T14:37:17Z2023-12-20T14:37:17ZIf you’ve suffered a serious injury or illness, you may find yourself navigating the application process for a variety of types of benefits. If you have short- or long-term disability insurance, that may be your first line of defense against serious financial loss if you’re unable to work.
While it’s more difficult (and takes longer) to get approval for Social Security Disability Insurance (SSDI), it can end up being the better option if you’re going to be seriously disabled for the foreseeable future – and possibly permanently. Too many people wrongly assume that once they’re approved for SSDI benefits, they can’t be taken away. In fact, they can end for a number of reasons. Let’s look at two of the most common ones.
You’re able to start working again
Unless you’re getting benefits for a condition or disability that has little or no chance of improving, you will be expected to provide updates (with documentation from your doctor) periodically. The Social Security Administration (SSA) is interested in whether you can return to work – even if you can’t do the same job you previously had.If you are able to work and your monthly income is at or above the minimum to be considered “substantial gainful activity” (SGA), your SSDI will end. In 2024, that’s at least $1,550 ($2,590 for those who are blind).
You reach full retirement age
You can’t receive Social Security retirement benefits and SSDI. Therefore, if you get to your full retirement age, which is between 66 and 68 for most working people, your SSDI will end and your retirement benefits will begin. They should be around the same amount.Dealing with the SSA can be a punishing endeavor for anyone. Trying to do it when you’re not feeling anywhere near 100% can seem impossible. If you have questions or concerns about your benefits or have lost them when you don’t believe you should have, it’s a good idea to get legal guidance.]]>On Behalf of Daniel A. Webb, PAhttps://www.dwebblaw.com/?p=468022023-12-08T11:38:48Z2023-12-08T11:38:48Zdisability insurance programs covered by the Employee Retirement Income Security Act of 1974 (ERISA). As an employee, it’s crucial to get disability insurance that ERISA covers so you can enjoy these federal law protections.
Unparalleled legal protection
ERISA provides a robust legal framework that safeguards the rights of employees and helps ensure fair treatment when it comes to disability insurance claims. Under ERISA, individuals are entitled to transparent information about their insurance plans, and any disputes are subject to a clear appeals process. This legal structure acts as a shield, offering unparalleled protection to policyholders.
One of the standout advantages of ERISA-covered disability insurance is the requirement for employers to provide comprehensive information about the insurance plans. This transparency can empower employees to make informed decisions about their coverage, fostering a sense of security and trust.
Moreover, ERISA mandates a detailed and impartial appeals process for disability insurance claims. This helps ensure that policyholders have a fair chance to present their case in case of disputes.
Employer accountability and oversight
ERISA places a significant burden on employers to act responsibly and ethically when it comes to providing disability insurance. An employer can be held accountable for any violations of ERISA regulations, creating a strong incentive for them to partner with reputable insurers that prioritize the well-being of their employees.
Having your disability insurance covered by ERISA is a strategic choice that offers unparalleled benefits. From legal protection to employer accountability, efficient claims processing and long-term stability, ERISA sets the standard for comprehensive disability coverage.]]>