Nothing is more troubling than to be denied benefits for Social Security disability. Additionally, the appeal process is challenging and requires medical forms and reports, interviews, a complete history of your work skills, and a number of other documents. If you are denied twice, you may have to appear before an administrative law judge.
To be approved for benefits, you must establish your “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months”.
The Social Security Administration pays disability benefits under two programs:
- The Social Security disability insurance program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes.
Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.
- The Supplemental Security Insurance (SSI) program pays benefits to disabled adults and children who have limited income and resources.
SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits.
For most people, the medical requirements for disability payments are the same under both programs and disability is determined by the same process.
Whether you apply for Social Security or SSI disability, you will be required to provide information about your medical condition, work, and education history. We can help you prepare this information and represent you during the appeal process.
The idea behind workers compensation is that this state-mandated insurance compensates injured workers for lost wages and medical disabilities when they are hurt on the job. In exchange for this guaranteed coverage, workers give up the right to sue their employers for their work-related injuries.
While that is a simple explanation of how it works, in reality workers comp is very complex and confusing. The Tennessee Department of Labor and Workforce Development, which administers the program, publishes pages and pages of rules and regulations governing workers comp.
Understanding Murfreesboro workers comp law
These rules and deadlines must be respected or initial claims for worker comp in Murfreesboro can be denied. But not every worker or work-related injury fits the mold exactly. While workers comp is there to compensate injured workers, on occasion these workers are denied benefits and forced to put up a fight to get the compensation they need and deserve.
After all, your employer and its insurance company will not likely put the financial health and well-being of the claimant at the top of their priorities. They will insist the claimant prove the injury is definitely work-related rather than a pre-existing condition. The claimant must also prove the injury is the reason he or she cannot work.
Insurance adjusters and employers may also deny claimants if they violated workers comp rules or do not prove their case. The following issues or violations can result in a denial of worker comp in Murfreesboro:
- The injury is not work-related but possibly a pre-existing condition
- The injury is not disabling to the degree you claim
- The injury occurred because the worker violated company policy
- The injury occurred while the worker was committing a serious crime
- The worker was intoxicated or on drugs when the injury occurred
- The injury was self-inflicted
- Once approved, you collect weekly benefits according to well-defined payment rules and schedules.
Consult us about Murfreesboro workers comp laws
Because the process is very complex, it is advantageous for an injured worker to have legal assistance and representation in filing the claim and fighting for benefits. Having a lawyer on your side from the start is especially beneficial down the road if the initial claim is denied and an appeal or litigation becomes necessary. So it is advisable to obtain the help of a qualified, caring lawyer, such as the attorneys at Craft & Sheppard, PLC.
We recommend that you hire an experienced attorney for all business transactions. These transactions, if not handled properly, can cause long-term contractual disputes and loss of business income.
Our attorneys at Craft & Sheppard will work with you to assess your objectives, and design contracts and programs which will assist you and your business in the achievement of those objectives while minimizing the opportunity for misunderstandings and litigation.
We will help you with the drafting and negotiation of contracts, corporate minutes, and even the formation of your business as a:
- Limited partnership
- Limited liability partnership
- Limited liability company
We can also help you with the sale or dissolution of your business.
A strong, interactive relationship with your lawyer at the beginning of a business transaction can help ensure that your intentions and expectations are met with a focus on profitability.