As discussed previously, Social Security Disability and SSI claims hinge on the Residual Functional Capacity (RFC) of the claimant and whether work exists in the local or national economy in light of that claimant’s RFC. I also recently discussed the different exertional levels the Social Security Administration utilizes: sedentary; light; medium; heavy, etc. The exertional
Tennessee pedestrians can suffer personal injuries when they least expect them. Sometimes leaving home can even be dangerous and result in a personal injury. This can be true when a person steps out into local roads as they leave their home and come in contact with busy traffic. An elderly woman was injured in Hermitage,
Social Security Disability and SSI claims almost always deal with exertional levels, whether it is looking at the claimant’s past relevant work or her residual functional capacity, i.e. what the claimant can still do despite her physical or mental impairments. What is an exertional level? The Social Security Administration defines exertional level as a work
Most people will agree that a car accident is stressful and emotionally exhausting in and of itself. But when car accidents are severe, and even claim a life, the stress and emotional turmoil can reach unparalleled heights. No matter what circumstances lead to a crash, a fatal outcome almost always spawns questions — questions that
Gatlinburg, Tennessee, is a beloved vacation spot for many people, a place for families to go to escape the stress of daily life and relax. What most people don’t consider is the amount of work that goes into keeping Gatlinburg a beautiful and sought-after vacation destination. A plethora of people call the mountains of East
Periodically I like to post some useful information for Social Security Disability and SSI claimants in Tennessee. For instance, as result of the 2012 Cost of Living Adjustment (COLA) of 3.6%, certain changes occur within the SSDI and SSI programs. As a result of the 2012 COLA, the following changes of note occurred: Substantial Gainful
The Social Security Administration notes that any supervisory, managerial, advisory or other significant personal services that are performed as a self-employed individual tend to show the ability to perform SGA. The claimant’s income will not be considered solely, but his activities and their value to the business will be evaluated. The work activity will be
Not long ago we highlighted a story concerning a Knoxville, Tennessee, police officer who drove past a fiery wreck that claimed the life of one man. Now, prosecutors in Knox County have dismissed pending cases against nearly 100 people. The charges in all cases that were handled by the at-fault officer have been dropped. According
Eligibility for Social Security Disability and SSI benefits can still be obtained despite issues involving alcoholism and drug addiction. The Senior Citizens Right to Work Act of 1996 changed the way claimants with a history of drug or alcohol abuse are considered for benefits. Ever since 1996, the key question is whether the Social Security
A Knoxville, Tennessee, woman was recently arrested for striking a 6-year-old boy with her car and then fleeing the scene of the accident. Reportedly, the car accident took place when the young boy, along with several other children, was crossing the street outside a Boys and Girls Club near the 300 block of McConnell Street.
Navigating train tracks can still be a risky proposition, especially if the crossing equipment is faulty or if there are no warning signs at all. But getting stuck on the tracks while a train is coming can be a very scary situation, because there is a huge size disparity between the size and weight of
When we think about a wrongful death suit as it pertains to a car accident case, we typically think of one driver being at fault and facing the repercussions of his or her actions. Very rarely do we consider that those who are sworn to serve and protect may also be found liable in car
In determining whether a Social Security Disability or SSI claimant is disabled, the Social Security Administration evaluates symptoms, including pain, and the extent to which the symptoms can be accepted as consistent with the objective medical evidence. 20 CFR 404.1529; 20 CFR 416.929. Routinely, the cases are won and lost on the determination of the
Social Security Disability and SSI claimants (and their representatives) are going to be hamstrung and disadvantaged by a new policy instituted by the Office of Disability Adjudication and Review (ODAR) effective December 19, 2011 where the identity of the Administrative Law Judge (ALJ) assigned to a claimant’s case will not be disclosed until the time
Funeral services were held on Saturday, Jan. 28 for a man who was struck while crossing Kingston Pike in Knoxville, Tennessee, in early December. The 53-year-old man lived for another six weeks after the car accident, before losing his battle and passing away on Jan. 18. Services for the Rule High School graduate took place
Social Security Disability beneficiaries should not be worried about continued benefits just because of the continued payroll tax cut. Before 2011, employees and employers each paid 6.2% of taxable payroll. However, the payroll tax cut passed in December 2010 provided that the employees would pay only 4.2% in 2011. The employers’ rate remained at 6.2%.
Several Tennessee-based advocates of workplace safety have rallied together in an effort to reform the standards involved in work-related safety. Within six months in Tennessee, three workers tragically died on bridge projects. Two of those deaths took place in Knoxville and one in Memphis. Now, advocates from East Tennessee are standing up to say that
In 2011, The House Republican Small Business Task Force met on workers’ compensation issues and prepared a study that state officials, business groups, labor leaders and legal experts are eager to review. The task force has some issues that they want addressed, but it may not be until 2013 before any legislative changes take place.
Social Security Disability and SSI claimants beware who you entrust your valuable disability claim to! Recently, the Wall Street Journal ran an article based on interviews with former “Binder and Binder” employees revealing potentially fraudulent behavior and misrepresentations to the government. Senator Tom Coburn of Oklahoma has asked for an official inquiry into the action
Driving is a symbol of freedom and independence for many people, young and old. Cars can allow us to live our lives, helping us to accomplish the things we need to do from day to day. Yet as drivers begin to age, the risk they pose to themselves and other drivers is likely to increase.