There is very little doubt that a motor vehicle accident is a traumatic experience, especially when resulting in serious injury or death. When a car accident occurs, victims or their families, depending on the case, may be entitled to file a claim for damages resulting from the accident. For this reason, most states have instituted legislation requiring
In July of 2013, the SSA released guidance to adjudicators regarding the usefulness of GAF scores in Social Security Disability and SSI claims. With the publication of the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), GAF scores are no longer included and the question arises of what will the SSA do with
A Tennessee woman cannot remember anything about a multi-vehicle accident that left two people dead. The car wreck happened on an early December evening. The injured driver said that she picked up her 20-year-old boyfriend at a local fast food restaurant, and they were on their way to his family home. The injured 23-year-old woman only
Social Security Disability or SSI claimants and representatives often are faced with Unfavorable Decisions from ALJs or non-referrals or reviews by the Appeals Council. Here are ten reasons that sometimes prevent a favorable outcome. 1. Failure to formulate a complete and detailed theory of the case, covering ALL FIVE steps of the sequential evaluation. 2. Failure to ask for the
Each year, a significant number of farmers and their workers are injured while going about their regular duties. According to those who have been farming for many years, safety on farms was not really a priority a half century ago. Fortunately, a current focus on safe working conditions has led to a decrease in the
While the employer has an incentive to return an employee back to work both under the workers’ compensation statute and the ADA, it is generally understood that ADA compliance and/or action cannot be considered in determining the amount of vocational disability an injured worker has sustained. In Black vs. Liberty Mutual Ins., 4 S.W.3d 182
A middle-aged construction worker died on site on a recent Tuesday in mid November when his telehandler overturned. The man was busy offloading a delivery on site when the accident happened. An accident such as this leaves dependents with many questions. In Tennessee, workplace injury victims — and their dependents in the case of fatalities
Some Social Security Disability benefits can affect amounts recovered under other federal, state, and/or private benefit policies. First, amounts received under Title II can affect a claimant’s eligibility for SSI benefits under the federal statutes or can at least reduce those amounts to a smaller amount. Benefits paid under Title II of Social Security can also
Aside from slick roads due to cold weather, the winter season presents additional risks for Tennessee drivers. Nationwide, about 13 percent of all car accidents happen in parking lots. When consumers crowd into stores and shopping malls during the holiday shopping season, crowded parking lots and winter weather can combine to create particularly dangerous driving
Utility workers in Tennessee, and all across the country, are regularly required to work in all weather conditions, high above the ground and on high voltage equipment. When you consider these working conditions, it is easy to see why this group of workers is more likely than average to suffer a workplace injury, and even why this
As noted recently, the average processing times for Social Security Disability and SSI hearings continue to grow at hearing offices across the country. Claimants are getting increasingly desperate as the wait times increase. When I first meet with someone about SSD or SSI, I always try to be upfront and honest about the length of
As noted in a recent post, Social Security Disability and SSI recipients will see a 1.7% increase in benefits for the cost-of-living adjustment (COLA) starting in January of 2015. The COLA is based on the Consumer Price Index from the third quarter of the current year. However, the COLA affects many important aspects of the
A father is left devastated by the passing of his son at their joint workplace. A young graduate of only 21 years was working with his dad on the renovation of a Tennessee building when the accident happened. OSHA, the governmental body in charge of investigating a workplace injury, is currently investigating the accident and
Seriously injured victims of car accidents may choose to file a personal injury claim, while the families of deceased victims of accidents have the option to file a wrongful death claim. In order to establish if a claim can be filed in Tennessee, the victim and/or their family typically benefit by getting the right advice
Unfortunately, the news for Social Security Disability and SSI claimants waiting for a hearing continues to worsen in terms of wait times for hearings and percentage of people awarded disability. Since September of 2014 when I lasted posted on the subject, the situation has not improved in terms of wait times or average approval rates. The
Social Security Disability and SSI recipients will see a 1.7% increase in benefits due to the cost-of-living adjustment (COLA) starting in January of 2015. Every year in October the government announces the COLA. The COLA is based on the Consumer Price Index from the third quarter of the current year. The COLA affects many important aspects
Police officers are only human, which means they are prone to make mistakes just like the rest of us. Unfortunately, this can often cause injury or even death. This may have been what happened recently when a police officer was involved in a fatal car wreck in Tennessee. The incident happened when the police officer
In Social Security Disability and SSI claims involving mental conditions, the claimant must show that through evidence that the conditions are severe and disabling (click here for information on evaluation of mental claims in general). In its regulations, the Social Security Administration describes various types of evidence it considers when determining these factors. The SSA
It is not uncommon to see reports about people who suffered severe personal injury or worse after being attacked by animals. Most of the subsequent personal injury or premises liability lawsuits involve people who were bitten by dogs; however, a recent incident in another state involved jaguars. Tennessee residents may be interested to learn about
In Tennessee Workers’ Compensation claims, whether the injured worker has made a “meaningful return to work” after the injury is often a crucial factor in determining how much disability the workers is entitled to. When a worker voluntarily resigns, employers and insurance companies want to limit the recovery to 1 and 1/2 times the appropriate