Jumat, 16 November 2007

VA Disability...another problem!

Here is a link to a story on disabled soldiers. What it brings home to me is that the issue of disability is one of injury that can be followed by disputes and denials of claims. Any sort of disability or injury denial or dispute is often a shock to the injured person. Most of us just want to be treated with fairness and when it does not happen are stressed by a system that can seem cold blooded. When systems for determining disability are too slow and filled with technicalities they do not provide that fairness we all expect. Publicity about this helps by showing how terrible it is and perhaps then change can come.
http://www.cnn.com/2007/HEALTH/11/15/wounded.marine/index.html

Senin, 12 November 2007

Just a note on SS Judges and funding woes

This link just again emphasizes that the lack of funding or perhaps lack of wisdom contributes to the delays in Social Security cases. Here a Judge suggests that adding some Judges to the system but without adequate support staff is not smart. Judges can't handle all the paperwork by themselves they need a sufficient staff.
http://socsecnews.blogspot.com/2007/11/bernoski-letter-quoted-in-baltimore-sun.html

Minggu, 11 November 2007

Veterans Day


THANK YOU TO ALL VETERANS! I am grateful for your sacrifice for this country.

Kamis, 08 November 2007

Social Security Disability....the LONG wait!

Here is another article, this one at the AARP website which comments on the delays in Social Security Disability matters. I also looked at that website at what people are saying about it on the message board or forum on the issue. This is a national problem and part of the blame is with underfunding of the hearing process. Many times in a workers comp case we also look into Social Security disability especially when it may be difficult or impossible to return to any work after an injury. Having to wait so long just for a hearing is astounding.
http://www.aarp.org/bulletin/socialsec/sick_of_waiting.html

Rabu, 07 November 2007

Who are the Workers Comp Hearing Judges?


In Colorado there are only so many hearing Judges. The current Judges are indicated in the provided link. This also reminds me to let you know that hearings when needed must comply with the rules for filing and scheduling. This means that unless resolved in some other way when you need a hearing it means obtaining a date several weeks out (over two months). Expecting a quick hearing is unrealistic and a violation of the procedural rules. Each side has a right to due process.That means fair notice of the hearing and the opportunity to review and prepare for it. When witnesses are involved each side wants to know what is going to be presented to a judge. This means each is provided the time to get ready permitted by the rules and law. There are what are called expedited hearings but these are restricted and uncommon. If a case is contested and we need a hearing it simply takes time to comply with the rules and get ready for the hearing. That can mean tough times for a claimant in some cases. In other cases the time works to the advantage of the claimant so it depends on the issues.
http://www.colorado.gov/dpa/oac/div_judges.htm

Kamis, 01 November 2007

9/11 Cop's death...is he a hero or not?

While not a Colorado matter the recent controversy over the death of a NYC detective who spent over 400 hours at the 9/11 site and died from lung problems points out that injuries or diseases from work exposure may not be simple matters. In this case one side says death came from the 9/11 exposure to dust, fibers etc., and another side says the death was inflicted by injecting ground up drugs which then went to the lungs and killed him. This problem is one where medical experts disagree and that is trouble. It is far more common then most people realize. One very common example is carpal tunnel syndrome or cumulative trauma disorder where the injured worker claims work activities caused hand, arm or wrist pain and the other side says not so. The claimant has to prove it likely came from work or they lose. Well, it takes a courageous authorized treating doctor to go against a medical expert hired by the insurer to question the work relatedness of the injury. Often the doctor is designated by the insurer/employer so they may have to balance between the patient and the insurance (just my opinion dear reader but I believe it is so). Anyway back to the cop story. If the officer worked hundreds of hours at ground zero and developed lung problems and he was then prescribed numerous drugs which may have gone to his lungs isn't it still work related? Do we blame the hero for this? If he was so stressed he also went the wrong way do we say it's all on him? Doesn't it all really flow from his work at ground zero? In this case I believe that he was being taken care of so he likely died from his job activities or treatment for his occupational disease but it's not my call. To me he's absolutely a hero. Read about the dispute here:
http://www.usatoday.com/news/nation/2007-10-25-9-11-death_N.htm

Rabu, 31 Oktober 2007

Social Security: New Proposed Rules not so good?

Over at a Social Security blog it was indicated that the feds are seeking new rules in the handling of Social Security claims. Will it improve the system? Would you call it an improvement if it saves money? Seems like this may mean less benefits being paid out and more denials of cases according to this writer. Hope he is wrong but he does provide a link to the new proposal and it does show a savings. I just hope it is not at the expense of the disabled. The writer is saying thousands more may be denied benefits. I certainly think the current system needs improving and increased efficiency as delays are terrible. I know that the Social Security system is underfunded and needs more Judges and dollars in their budget so perhaps the savings is more administrative but if not then it is ominous for claimants.
http://socsecnews.blogspot.com/search/label/Procedural%20Rules