In Social Security Disability or SSI claims, the residual functional capacity (“RFC”) (to learn more about exertional levels click here) of the Claimant is very often the determining factor in whether the person is found disabled. The SSA looks to what physicians, psychologists, or other medical sources have to say about the individual’s limitations or abilities. Opinions
Two Harley-Davidson riders suffered injuries in an accident on a recent Saturday afternoon in the end of July. Tennessee Highway Patrol officials report that the accident happened just before 1:30 p.m. The car wreck involving a Lincoln Town Car and the two motorcycles happened along U.S. Highway 231. At the time of the accident, the
A bus carrying a group of teenagers was involved in a multiple vehicle accident on a recent Thursday in July. The teenagers were on a visit to Tennessee to do missionary work. The mission trip was organized by Johnson University in Knoxville. Several people, including some of the visiting teenagers, were injured in the car
Persons can qualify for Social Security Disability or SSI benefits based on conversion disorder or somatoform disorder. If a person is not working and has been diagnosed with this severe condition, the Social Security Administration will determine whether the person is disabled under a listing or whether jobs exists considering the person’s residual abilities. In
The electrocution of a man delivering chicken feed on a recent Wednesday morning at the beginning of July has left a lasting impression on an eyewitness. The 63-year-old victim died when part of his delivery truck touched an overhead power line. This accident is an example of some of the dangers to which agricultural workers
Social Security Disability and SSI claims often deal with physical ailments and their effects on a person’s ability to do work. The Social Security Administration determines whether the person seeking benefits can perform his/her past work and whether other work exists considering his/her residual functional capacity, i.e. what the claimant can still do despite her
A fatal 2011 car wreck happened when the driver of a Toyota Camry lost control of her vehicle. She hit a road sign, crossed into the eastbound lanes and crash into the Mercedes driven by one of the victims. The elderly passenger of the Mercedes passed away nearly two weeks later, while the driver suffered
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. Just a few months ago, in May of 2014, I posted the latest information on wait times and approval rates. Things have worsened since then!
A 31-year-old Tennessee woman may be facing charges after police said that she caused an accident in which another person died. The car wreck happened during the early morning on a recent Wednesday in late June. Tennessee authorities suspect the driver of driving while under the influence of drugs. While nearing an intersection, the driver
In determining whether a child qualifies for disability under the Childhood SSI regulations, the SSA decides if the child meets a listing or functionally meets a listing through deficits in any number of six domains of function. When dealing with a mental disorder, whether ADHD, autism, asperger’s, intellectual disability (formerly known as mental retardation), the results of psychological testing
During the second week of June, a teenager died tragically after being involved in a motor vehicle accident. The Tennessee truck accident happened shortly after 11 o’clock in front of a truck stop along Highway 46. Although all fatal accidents are tragic, when the victim is so very young it seems so much worse. At
Tennessee dog owners may benefit from the recommendations of the owners of a dog in another state. After their dog attacked a veterinarian, they advise that all dogs should be muzzled when visiting the vet, as legal proceedings that follow a dog attack could be financially devastating. In fact, it may be wise to muzzle
Often Social Security Disability claimants are confronted with a dilemma after receiving an unfavorable decision from an administrative law judge following a hearing. Does the claimant appeal to the appeal council, which can take a long time and is often unsuccessful, or file a completely new application? Years ago, a claimant could do both. However,
Workers’ Compensation claims in Tennessee for injuries such as hearing loss and carpal tunnel will become vastly more difficult after July 1, 2014. As discussed previously, injuries arising out of or in the course and scope of employment in Tennessee on or after July 1, 2014 are going to be treated substantially different under the
Within 24-hours, two people were killed on Chapman highway. According to people residing in the area, serious car accidents are not uncommon on this particular part of the Tennessee highway. The first crash led to the death of an SUV driver. A full day had not even passed before another person was killed. In the
Often in workers’ compensation claims, when the claim involves mental injuries, psychologists are offered by the insurance companies for treatment. Psychologists are not entitled to give a finding of causation under the act. As the Supreme Court stated in its unreported decision Shelby v. Highways, Inc, 2003 Tenn. Lexis 413 (May 13,2003), “the trial court
Agricultural workplace injuries and illnesses are much more prevalent than what government statistics suggest. A workplace injury is something that both employers and employees should always take serious. A recent study has shown that the governmental agencies in charge of tracking workplace injuries are off by about 77 percent. According to the researcher, there are
Social Security Disability claimants should know that on April 3, 2014, the Social Security Administration published Social Security Ruling (SSR) 14-1p, “Evaluating Claims Involving Chronic Fatigue Syndrome (CFS)” rescinding SSR 99-2p. SSR 14-1p is effective April 3, 2014. For the full text, go to SSA’s website. Pertinent parts follow below: The Act and our regulations further require that
The American Veterinary Medical Association is the sponsor of Dog Bite Prevention Week during May. The aim of the week is to create awareness of potential risks of a dog biting and causing serious injuries to people. Every year, United States authorities, including those in Tennessee, receive reports of more than four million dog attacks
Sometimes in workers’ compensation claims, the injured worker has pre-existing problems or conditions. Often the employer or workers’ compensation insurance company will deny the claim based on those pre-existing conditions or illnesses. An employer cannot escape liability when an employee, upon suffering a work-related injury, incurs disability far greater than if the employee had not had