Murphy & Garner, LLCPersonal Injury, Social Security2023-12-07T10:10:42Zhttps://www.murphyandgarner.com/feed/atom/WordPress/wp-content/uploads/sites/1100957/2019/04/apple-touch-icon-75x75.pngOn Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=487532022-01-04T10:38:53Z2022-01-04T10:38:53Zupcoming 2022 COLA.
COLA increase
Your SSDI benefits will increase by 5.9% in 2022. For example, if you receive $2,000 per month in 2021, your 2022 benefits will be $2118. According to AP News, the change represents the largest SSDI increase in 39 years.
The SSA reports the average monthly benefit in January 2022 will be:
$1358 for a disabled worker
$1553 for a single widowed person
$1657 for retired workers
$2383 for a disabled married worker with at least one child
$2753 for couples receiving benefits
$3187 for a mother widowed with two children
The tax rate for COLA benefits will stay the same in 2022.
Additional changes
SSA has also updated the amount you can earn and still receive SSDI. The so-called gainful employment amount is now $1350 per month, an increase from $1310 per month in 2021. Individuals who are blind can earn up to $2260 per month and still receive SSDI, compared to $2190 a month in 2021.
With the typical SSDI increase at just 1.65% annually for the past decade, the increased COLA rate reflects attention to the nation's rising rate of inflation. The AP notes that about half of seniors in the United States receive about half their income from Social Security, while about a quarter rely on benefits for most of their income.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=487312021-10-30T16:29:37Z2021-10-30T16:29:37ZSSDI eligibility?
Impact of substance abuse on SSDI eligibility
The Social Security Administration may reject a claim for benefits if there is evidence that substance abuse caused or contributed to the functional or physical limitations that caused your disability. There must be evidence of a substance use disorder in your medical record for the SSA to consider whether it caused or contributed to your disability.
How the SSA determines eligibility
To reject a claim based on substance abuse, the SSA must determine that drugs or alcohol caused or worsened your mental or physical impairment. They must also find that if you stopped using drugs or alcohol your condition would improve enough for you to return to work.
If the SSA does not find that either of the above conditions applies to your case, your substance abuse will not be material to your claim. The SSA may reduce your benefits based on the extent that your substance abuse contributes to your impairment.
If both conditions do apply, then the SSA will likely reject your claim. However, if the SSA determines that substance use caused or contributed to your disability but stopping will not improve your condition, you may still be able to receive disability benefits.
If the SSA does approve your claim, they may require you to participate in a treatment program to receive benefits.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=487202021-09-02T17:11:59Z2021-09-02T17:11:59ZWhat it is
Workers’ compensation covers a great many work-related injuries and you do not have to be in an office or on a job site to qualify for benefits. You might, for instance, suffer an injury during the annual company picnic in a public park. However, workers’ compensation does not cover the commute to and from your place of employment. Therefore, if you suffer an injury in a traffic accident on your way to work in the morning, you are not eligible to file a claim for benefits under the going and coming rule.
Exceptions to the rule
On the other hand, if injured while driving a company vehicle or while using your own to travel between job sites, you can indeed file a workers’ compensation claim. Additionally, you are eligible if traveling is a major part of your job description. This would apply to truck drivers, bus drivers, pilots, state troopers and others with qualifying occupations.
Traveling for business
If you sustain an injury while traveling on business, you will likely qualify for workers’ compensation benefits. Coverage does not only pertain to the hours you spend in a business meeting or seminar. It includes your entire travel time for the business trip.
The special mission
One caveat about the commute to and from work: if your employer asks you to pick up a designer coffee on your way in and you suffer a slip and fall injury, you may qualify for workers’ compensation benefits. Your employer’s request constitutes a “special mission,” which is allowed under the going and coming rule.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=487132021-07-02T00:33:12Z2021-07-02T00:33:12ZA little background
A vehicle crash can happen in an instant causing devastating injuries. Safety for young drivers is paramount. The list of vehicles IIHS and CR deemed safest for teens to drive were also chosen for reasons of reliability and affordability. The recommended vehicles include small cars, midsize cars and small SUVs. Consumer Reports and IIHS used a two-tier approach to organizing their lists, one for Best Choices and one for slightly more affordable Good Choices.
Commonalities
Best Choices and Good Choices share certain attributes:
- above-average reliability
- scores that ranked average or better from CR’s emergency handling testing
- good rating in IIHS crashworthiness tests
- dry braking distances of 145 feet or less in CR brake testing
- electronic stability control on all vehicles chosen
- four- or five-star ratings from the National Highway Traffic Safety Administration
Vehicle examples
In the small vehicle category, the top three choices are the 2014 or newer Mazda 3 sedan or hatchback, the 2014 or newer Toyota Prius and the 2018 or newer Hyundai Elantra GT. The top-rated midsize cars are the 2013 or newer Subaru Outback as well as the Subaru Legacy and the 2014 or newer Mazda 6. The top-rated small SUVs are the 2014 or newer Mazda CX-5, the 2014 or newer Nissan Rogue and the 2016 or newer Subaru Forester. In all, there are dozens of recommendations on the IIHS and CR lists as to the safest vehicles for teens to drive.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=487102021-05-13T00:11:35Z2021-05-13T00:11:24ZFew life events have the potential to be scarier than suffering a catastrophic injury at work. After all, not only must you deal with pain and a long recovery, but you may not be able to work or support yourself and your family members financially. Fortunately, you may be eligible for workers' compensation benefits to help you manage your work-related injury. Workers' compensation mediation is an informal way to resolve disputes. With mediation, you and your employer or its insurance provider meet with a neutral third party to come up with a resolution for your claim. The right mediator may make a considerable difference in obtaining the compensation you deserve.
The role of a workers' compensation mediator
Because it can be difficult to predict the outcome of a workers' compensation hearing, it may be in your best interests to attend a mediation session. During mediation, all parties work with a mediator who has in-depth knowledge of workers' compensation rules and workplace injuries.The mediator helps the company, its insurer and you explore issues and reach common ground. Because the mediator is neutral, he or she is on no party's side.
The benefits of workers' compensation mediation
At your mediation session, you have an opportunity to present facts to the mediator, your company and its insurer. After hearing these facts, the mediator facilitates settlement negotiations. He or she also ensures discussions remain civil and confidential.If you cannot reach an agreement during mediation, you have the option of resolving the matter at a workers' compensation hearing. Ultimately, because of the flexibility mediation offers, relying on the skill of a mediator may be an effective strategy for settling your claim quickly and moving on with your life. ]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=485662021-03-07T03:52:25Z2021-03-07T03:52:14Zworkers' compensation benefits of up to two-thirds of their average weekly salary, or a maximum of $675 per week, to help cover costs.
Sometimes, understanding the details of these benefits can be confusing. For example, what happens when work-related injuries involve a motor vehicle accident? If you were recently injured while driving for your job, you may qualify for workers' comp, depending on your circumstances.
When you were driving matters
If you sustained injuries in a car accident that occurred on your way to or from work, the law typically considers this private time. On the other hand, if you were delivering pizzas or moving equipment for your employer when the crash happened, this is time on the job. As such, injuries in the latter situation would likely fall under workers' compensation eligibility, while those from the former scenario usually would not.
Other factors to consider
Not all vehicle accidents are the same. Depending on what happened, you may also qualify for compensation beyond workers' comp. For example, consider who is liable for the crash. If another driver slammed his or her car into your while you had the right-of-way, there may be other legal routes to pursue in addition to worker benefits.
Regardless of how an accident occurs, documenting everything can be beneficial for building your case. Try to record the details of who, what, where, when, why and how as soon as possible.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=485642021-02-08T21:10:04Z2021-02-08T21:10:04Zcircumstances that may change your benefits eligibility. Use their guidelines to protect your financial health while adjusting to a debilitating injury or illness.
Disability review
Occasionally, the SSA reviews benefits recipients' medical condition. When you should expect a periodic review depends on your prognosis. If doctors do not expect your condition to improve, anticipate a review no earlier than seven years. With expected medical improvement, expect a review between six and 18 months after you first receive benefits. The administration reviews recipients with a possible medical improvement status roughly every three years.
Loss of disability status
Over time, your injury or illness may heal to where you regain the ability to work. If you work in what the SSA considers a "substantial" capacity, you may lose your disabled status. The average earning amount considered substantial changes from year to year, so check the latest earning limit. Even if you do not return to work, your review results may reveal that you no longer fit the SSA's definition of disabled. If that happens, your benefits stop.
Self-report
The administration expects benefits recipients to report any sign of improvement in their medical condition. You must also let the SSA know if you go back to work. Refer to the information received with your benefits approval letter to understand what you must report to the SSA.
The right information regarding SSDI benefits helps you experience peace of mind. Give yourself one less thing to worry about by understanding how your benefits work.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=485632021-02-06T21:08:30Z2021-02-06T21:08:30ZSSDI benefits claims.
Applicants who receive denials for their claims may qualify to appeal. Whether this is your first-time filing for Social Security benefits, or you plan to file an appeal, review the following common reasons for SSDI claim denials so you can avoid them.
Incomplete or missing documentation
It is crucial for applicants to completely fill out their claims and provide all necessary paperwork and medical records copies. This documentation is necessary to verify and prevent payout on fraudulent claims. Failure to do so can increase the time it takes for benefit payments to begin. In some cases, missing or inaccurate claim information prevents claimants from getting the Social Security benefits they deserve.
Ineligible medical condition
Contrary to common belief, not all medical conditions and disabilities meet the Social Security Administration’s criteria for disabled. In order to qualify for Social Security disability benefits, applicants must prove their injuries/disabilities are long-term, lasting longer than one-year and prevent them from working during that time. Injuries or disabilities that are severe but expected to last less than one-year do not qualify for SSDI benefits.
Lack of ongoing medical care
In order to receive benefits, claimants must follow all treatment recommendations from their medical doctors. Follow-up appointments are necessary to keep claimants on track with their medical care and to provide updates to the Social Security Administration. Refusing treatment or missing medical appointments can prevent claim approval or stop benefit payments.
Many people find dealing with SSDI claims challenging and confusing. Fortunately, those who end up with claim denials, pursue appeals that ultimately provide them with the disability benefits they deserve.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=484862021-01-31T03:17:27Z2021-01-31T03:17:27ZYou get an injury from a car accident. Medical bills start to pile up, and you get help from insurance.Your insurance is not enough, so you start a personal injury lawsuit. You win the lawsuit and collect compensation, but then the insurance company contacts you asking for money back. Is this even legal?
What is subrogation?
As explained on FindLaw, personal injury claims should make you whole again after an injury. They should not allow you to collect double compensation.Insurance companies often try to collect money under this general rule. Unfortunately, they tend to do this out of a desire to protect their bottom lines rather than out of their deep commitment to the principles of the justice system.
Do you have to pay the insurance company back after a personal injury suit?
If you are reading this, it is probably because you received some kind of communication from an insurer. It would be highly formal, official and often seem like some kind of final decision.If your only point of reference is that email or letter the insurance company sent you, you would naturally assume you have no choice but to pay. Many people simply send a check. However, you might be able to protect your future.Each case is very different, but there is one common element through most of them. Namely, insurers do not have an obligation to explain in detail how you might be able to keep the money you deserve.
How can you defend against a subrogation action?
The way you would defend yourself against a subrogation claim would be different depending on your situation. You might take one approach if you were in a car crash accident case with only your insurance and the other driver. Your strategy would be different if you were handling a work accident with multiple third-party claims.Subrogation action could seem petty or frustrating to you, especially because it comes at a time in your case when you thought everything was over. However, these types of issues are relatively common, especially in complex cases. With some solid strategy and a good basis in legal knowledge, you should be able to retain the resources you need.]]>On Behalf of Murphy & Garner, LLChttps://www.murphyandgarner.com/?p=484832021-01-17T21:45:20Z2021-01-17T21:45:10ZOn the road, there are many hazards that you and other drivers face. One of these hazards is the behavior of others on the road. According to the NHTSA, in 2018, over 9,000 people died in accidents involving speeding.Speed affects everyone’s safety, including the driver of the vehicle.
Why drivers speed
In many cases, speeding is a type of aggressive driving. One of the most common reasons for speeding is heavy traffic. Out of frustration, drivers may switch lanes without warning, speed up and become angry with other drivers that obey the law during congestion.The drivers you encounter on the freeway believe that they have some level of anonymity. When inside a vehicle, drivers may feel like an observer rather than an active participant on the road. When a driver detaches, he or she may act recklessly.For a smaller percentage of drivers, reckless speeding happens often. These drivers may have a blatant disregard for your safety or the safety of others.
How speeding endangers others
Why is speeding so dangerous? If you are on the road with a driver who speeds, he or she may lose control of the vehicle. When going fast, a driver cannot stop on a dime. Instead, he or she needs a longer distance to avoid an accident. To make it worse, if he or she does wreck the car, the accident causes a greater impact at higher speeds. You are more likely to suffer serious injuries when hit by a speeding vehicle. An accident over the speed limit can also cause the protection equipment in the vehicle to fail.]]>